How Much is a Whiplash Injury Auto Accident Settlement Worth?

 

Long Considered a Minor Injury by Insurance Companies, the Medical Science Now Shows that Car Accident Whiplash Injuries are Serious and Can Limit Your Ability to Work and Enjoy Your Life for a Long Time. This Article Explains the Factors to Consider When Determining the Settlement Value of Whiplash Associated Disorders in Personal Injury Cases.

 

If you have been injured in a rear-end car accident, then you have probably heard the term “whiplash” before. Whiplash injuries, officially called Whiplash Associated Disorder (WAD), are one of the most common types of injuries that people suffer in motor vehicle crashes.

 

In the past the term “whiplash” implied an accident victim who was exaggerating their symptoms and using the legal system to try to get major compensation for a minor injury. This stigma resulted from two factors: 1) the insurance industry has spent millions of dollars to influence the general public into believing that many personal injury claims, especially auto accident whiplash injury claims, are not valid and 2) it is difficult for doctors to show a whiplash injury using current diagnostic imaging techniques.

 

Fortunately medical science is starting to catch up and prove that the belief that whiplash injuries are nothing more than psychological injuries is untrue. Now it is acknowledged that whiplash injuries involve an initial injury to the neck that changes the physical structure of your body, and that whiplash injuries have an organic basis that explains your symptoms. Whiplash associated disorders can affect your nociceptive processing mechanisms, stress system responses, muscle and motor function, and ability to concentrate, interact with others, and process information.

 

Each day more and more members of the general public and medical profession are realizing that whiplash injuries caused by a car accident are serious injuries that cause more than temporary pain and that can affect your ability to work and enjoy life as you did before the crash. This is important because increased awareness increases the likelihood that you will get fair compensation for your whiplash injury, either through a negotiated settlement or trial by jury.

 

The purpose of this article is to examine whiplash injuries resulting from car crashes and how you can get a fair settlement for whiplash. Depending on the nature of your auto accident, you may receive monetary damages through workers compensation, a civil action based on negligence and tort law, or both systems.

 

Specifically, this article answers the following questions:

 

• What is Whiplash?

 

• What is Whiplash Associated Disorder?

 

• What are Common Causes of Whiplash Injuries?

 

• What are Common Symptoms of Whiplash Injuries?

 

• What Part of the Body is Responsible for My Whiplash Symptoms?

 

• How is Whiplash Diagnosed by Health Care Professionals?

 

• How is the Severity of Your Whiplash Injury Determined?

 

• What Methods are Used to Treat Whiplash Injuries?

 

• How Long Do Symptoms of Whiplash Associated Disorder Last After an Auto Accident?

 

• How Common is Whiplash after a Car Crash or Fall?

 

• What Other Injuries are Often Suffered at the Same Time as Whiplash?

 

• Do I Need a Lawyer to Negotiate a Top-Dollar Whiplash Settlement?

 

• How Can I Maximize the Value of My Whiplash Injury Settlement?

 

If you decide that you need help with your whiplash injury claim after reading this article, call me for a free consultation: 804-251-1620 or 757-810-5614. Come see why my peers and clients voted me one of the Best Lawyers in America for Workers Compensation and a Rising Star Attorney in the areas of Motor Vehicle Accident and Traumatic Brain Injury law. Whether your whiplash injury results in a claim for workers compensation benefits because the car accident happened on the job, or a lawsuit in civil court under, I can help you negotiate an auto accident settlement or workers comp settlement that makes you whole.

 

What is Whiplash?

 

Whiplash is an acceleration-deceleration injury to the neck that occurs when a sudden jolt causes your head to move backward and then forward rapidly.

 

The term “whiplash” is used because the motion your head makes resembles the cracking of a whip. When your head whips backward, there is hyperextension of your cervical spine. This movement is then followed by flexion of your cervical vertebrae as your head’s momentum carries it forward toward your chest.

 

Whiplash injuries are unique in that they can occur without a direct impact to your head or a visible sign of injury to your neck, face, or head. This characteristic is part of why it is difficult to get fair compensation for whiplash injuries from the insurance company. But, as I often tell insurance adjusters, absence of proof is not proof of absence. And many doctors will agree.

 

What is Whiplash Associated Disorder?

 

A whiplash injury affecting your soft tissues or cervical spine may lead to Whiplash Associated Disorder (WAD).

 

Whiplash Associated Disorder is a complex medical condition that describes the group of symptoms you may experience after a motor vehicle accident with an acceleration-deceleration mechanism of injury to the cervical spine.

 

You are suffering from whiplash-associated disorder when you experience chronic neck pain and disability lasting 6 months or more.

 

What are the Common Causes of Whiplash Injuries?

 

Whiplash often occurs during a rear-end car accident. But you can also suffer a whiplash injury in any accident that causes a sudden snapping of your neck back and then forward. For example, whiplash can result from:

 

• Side-impact motor vehicle accidents

 

• Recreation and sports accidents (diving, snowboarding)

 

• Slip and fall accidents

 

• Trip and fall accidents

 

• Falls from heights, such as ladders, roofs, or scaffolds

 

• Physical assaults and abuse

 

• Train accidents

 

• Pedestrian accidents

 

• Riding a rollercoaster or other amusement park ride

 

• Work-related head injury, such as an injury from a falling object

 

What are the Symptoms of Whiplash Injury?

 

Those of you suffering from whiplash injury after an auto accident may experience a number of symptoms. These include:

 

Neck Pain and Stiffness

 

This is the most common symptom of people who suffer cervical acceleration/deceleration injuries. It is usually dull pain that gets worse with movement.

 

Headache

 

After neck pain, headache is the most common symptom of whiplash.

 

A headache caused by neck problems is often called a cervicogenic headache. Usually these headaches are the result of muscle contractions.

 

But they may also be caused by trauma to the temporomandibular joint, an upper cervical disc, a facet joint, or the atlanto-occipital or atlanto-axial joints.

 

If you suffered from migraine headaches before the whiplash injury, do not be surprised if your cervicogenic headaches make your migraines worse after the auto accident.

 

Pain Radiating to the Shoulder, Arm, Head, or Upper Back

 

A whiplash injury can cause damage to your cervical spine and shoulder joints. This damage may result in radiating pain to other parts of your body.

 

Jaw Pain

 

The same auto accident that caused your whiplash injury, may also cause jaw pain. This is especially true if your jaw struck your chest or steering wheel in the crash.

 

Dizziness

 

Many whiplash injury victims suffer from dizziness, including vertigo and loss of balance.

 

Dizziness from your whiplash injury may cause you to fall, which can cause even more injuries.

 

Make sure you tell your doctor if you are experiencing dizziness after a motor vehicle collision.

 

Tinnitus

 

You are suffering from tinnitus if you experience noise or ringing in your ears after a whiplash injury.

 

Tinnitus is not an independent medical condition. Rather, it is a symptom of an underlying injury.

 

Impaired Vision

 

I have represented many auto accident whiplash injury victims who experienced blurred vision after the accident.

 

Concentration and Memory Problems.

 

Disturbances in concentration and memory after a whiplash injury may be caused by the pain, side effects of medication, depression, anxiety, or traumatic brain injury also suffered in the auto accident. Many of you who suffer a whiplash injury may experience symptoms of depression, anxiety, nervousness, and irritability. This is normal when physical symptoms, especially pain, do not resolve quickly and diminish your quality of life.

 

Paresthesias

 

This term includes abnormal sensations such as numbness, tingling, and “pins and needles” feelings in your arms and hands. These sensations are common if you have difficulty moving your neck after a car accident whiplash injury. And they may be caused by tight muscles, also known as trigger points, nerve entrapment, and thoracic outlet syndrome.

 

Disrupted Sleep

 

Pain, numbness, and tingling from a whiplash injury can affect your ability to sleep. In turn, this leaves you tired during the day and unable to focus.

 

You may not experience whiplash symptoms until hours, or even days, after your auto accident. I recommend that you keep an eye on how you feel in the week after the crash and get medical treatment if you have any signs or symptoms of whiplash. By getting medical treatment and documenting your symptoms and limitations, you increase the likelihood that you will receive fair compensation for your whiplash injury.

 

Where is the Pain Coming from When I Experience Symptoms from My Whiplash Injury?

 

Whiplash injury and whiplash-associated disorders affect many parts of your body, especially the cervical spine, depending on the force and impact of the accident.

 

If you are diagnosed with whiplash, one of the following structures is likely the cause of your pain and swelling:

 

• Bones (Atlas, Axis, or Cervical Vertebrae from C3 – C7)

 

• Brain

 

• Cartilage

 

• Cervical spine

 

• Intervertebral discs

 

• Jaw

 

• Joints (Atlanto-axial joint, Atlanto-occipital joint; Temporomandibular joint, or zygapophyseal joints)

 

• Ligaments (alar ligament, anterior atlanto-axial ligament, anterior atlanto-ocipital ligament, anterior longitudinal ligament, apical ligament, or transverse ligament of the atlas)

 

• Muscle injuries in the neck

 

• Nerve roots

 

• Shoulder

 

• Spinal cord

 

• Thoracic spine

 

How is a Whiplash Injury Diagnosed?

 

At your initial medical appointment, the doctor will perform a clinical examination to assess:

 

• Subjective history: Your doctor should ask about any past history of neck or shoulder problems, including previous whiplash injuries, the mechanism of injury (i.e., how you were hurt), your symptoms, and other medical problems you are experiencing.

 

• Motor dysfunction: A common characteristic of whiplash injuries is restricted range of motion in your neck and shoulders. Disturbances in motor function may be a sign that you injured additional structures in the cervical spine.

 

• Sensorimotor dysfunction: The doctor will ask you about your ability to balance and whether you are experiencing dizziness.

 

• Sensory dysfunction: The doctor should ask if you are experiencing increased stress, distress, concentration, attention, or memory problems, sleep disturbances, or anxiety or depression. Depression is common in whiplash injury victims. You may have depression initially because of the increased pain and other symptoms. If your injury does not resolve and causes you to miss time from work, you may develop chronic depression.

 

Though whiplash injuries are often caused by soft tissue injuries and not identified radiologically, your doctor may also order diagnostic tests to rule out other conditions causing your neck pain; For example, the doctor may order:

 

• Spinal x-rays of your neck to look for fractures and dislocations. If you have a cervical fracture or dislocation, you should be referred for specialist care immediately.

 

• Magnetic Resonance Imaging (MRI) to look for soft tissue injuries and disc herniation. This is not indicated initially and is usually done after conservative treatment, such as physical therapy, has failed.

 

• CT scans to look at both your bones and soft tissues

 

• Nerve conduction studies if you have numbness and tingling that radiates from your neck into your arms and hands

 

I recommend following up with your doctor roughly three days after your initial medical appointment. Symptoms of your whiplash injury may not appear until 48 hours after the car crash.

 

How Debilitating is a Whiplash Injury?

 

You may look normal after a whiplash injury. But that does not mean that you are fine. Though the injury and its symptoms may not be visible, whiplash injury can disrupt your life and the lives of your family members.

 

There are multiple classification systems used to determine the severity of whiplash injuries. The most well known one is the Quebec Task Force Classification system.

 

Quebec Task Force Classification System

 

In the 1990s a public insurer in Canada sponsored the Quebec Task Force. The Task Force’s purpose was to develop a classification system for whiplash-associated disorders. The classification system could then be used to make treatment recommendations.

 

The Quebec Task Force Classification system classifies whiplash injury victims as follows:

 

• Grade 0: You have no complaints about your neck and there are no physical signs of neck injury.

 

• Grade I: You complain of pain, stiffness, and tenderness in your neck only. There are no signs of physical injury.

 

• Grade II: You have neck complaints and musculoskeletal signs of injury, such as decreased range of motion and muscle trigger point tenderness.

 

• Grade III: You have neck complaints and neurological signs of injury, such as muscle weakness, sensory deficits, and decreased deep tendon reflexes.

 

• Grade IV: You have neck complaints and a cervical spine fracture or dislocation.

 

Each grade within the classification system corresponds to a specific treatment regimen for your whiplash injury.

 

The higher grade whiplash injury you suffered, the greater amount of compensation you are likely to receive in your personal injury case.

 

Medical Management and Treatment of Whiplash Injuries

 

The initial treatment of whiplash usually involves rest, active exercise, strength training, and non-steroidal anti-inflammatory drugs (NSAIDs) and analgesics to manage your pain. If you are experiencing sleep disturbance or radiating pain into your arms and hands, your doctor may also prescribe an antidepressant.

 

The goal of active exercise and strength training for whiplash is to restore your normal range of neck motion and to help you restore the proper movement patterns and posture. Helpful exercises to recover from whiplash injuries include:

 

• Rotating your neck gently from side to side

 

• Forward head bends so that your chin touches your chest

 

• Tilting your head from side to side

 

• Gently rolling your head back

 

• Rolling your shoulders forward and back

 

• Any exercise that strengthens the muscles of your neck, shoulders, and upper back

 

• Passive stretching to release muscle trigger points

 

You may have noticed that I did not mention wearing a collar around your neck as an appropriate way to treat whiplash. Studies have shown that immobilizing your neck may actually delay your recovery from a whiplash injury. The more you try to live your life “normally,” the quicker the recovery in many cases.

 

If conservative treatment does not work then your doctor may prescribe the following for your whiplash injury:

 

• Steroid injections. Many of you may experience pain after your auto accident because of injury to the cervical facet joints or zygopophyseal joints. A steroid injection to this area may help.

 

• Radiofrequency neurotomy. This procedure interrupts neural pathways using heat generated by radio waves. It targets specific nerves that may be causing your pain.

 

• Botulin toxin treatment. This treatment decreases muscle spasms that may be contributing to your pain and decreased function. This injection usually lasts 8-12 weeks. Repeat injections are allowed.

 

• Cervical spine surgery. If your whiplash injury damages your cervical spine and other treatments fail, your doctor may recommend that you undergo a cervical discectomy or anterior cervical fusion surgery.

 

How Long Do the Symptoms of Whiplash Last and Who is at the Greatest Risk of Suffering Whiplash Injury Resulting in Long-Term Disability?

 

Many people who suffer from whiplash-associated disorder have complete resolution of their symptoms within a few weeks or months. But some of you will continue to suffer from the effects of whiplash, including disability, severe headaches, and chronic neck pain, for years. One study has found that up to half of all whiplash injury victims will experience long-term problems that range from mild levels of disability to severe pain and disability.

 

As a victim of whiplash from a motor vehicle accident, you are more likely to experience more severe symptoms and long term effects if:

 

• Your head was rotated or in an inclined position at the time of the crash.

 

• You are over 35 years of age.

 

• You have suffered a concussion or whiplash injury before.

 

• You had pre-existing neck or low back pain, including a herniated disc.

 

• You were not prepared for the automobile crash and, therefore, did not have time to brace yourself for the impact.

 

• You were wearing a seat belt at the time of the crash.

 

• You were hurt in a rear end collision. Rear end accidents can cause brainstem dysfunction, worsening your whiplash injury symptoms.

 

• You remain symptomatic 3 months after the auto accident.

 

• You are a woman between the ages of 21 and 40.

 

• You were suffering from pain in other areas of your body before the accident. For example, those of you with fibromyalgia may be more susceptible to developing whiplash-associated disorder.

 

• You were experiencing a high degree of psychological distress or treating for mental health conditions before the accident.

 

• You delayed getting medical treatment. In my experience whiplash injury is often ignored, misdiagnosed, or mistreated. The longer you wait to get medical care, the greater the likelihood you will develop whiplash associated disorder, including depression or anxiety.

 

The frequency, length, and severity of your whiplash injury symptoms impacts the amount of compensation you receive for pain and suffering in your personal injury case.

 

How Common is Whiplash Injury in a Motor Vehicle Accident?

 

Unfortunately whiplash injury and whiplash associated disorder is common among motor vehicle accident victims.

 

Each year more than 2 million Americans suffer whiplash. It does not take a lot of force. Many whiplash injuries from auto accidents occur at speeds under 25 mph.

 

Multiple studies show that up to 50 percent of whiplash victims develop whiplash-associated disorder. For example, one study found that 14 to 42 percent of whiplash injury victims are at risk of developing whiplash-associated disorder with symptoms lasting more than six months. And another study found that 10 percent of whiplash injury victims suffer from constant severe pain.

 

So even though it may feel like it, you are not alone if you suffered a whiplash injury in a car wreck.

 

Ask Your Doctor to Evaluate You for Other Cervical Spine Injuries Along with Your Whiplash Injury

 

A motor vehicle accident that causes whiplash injuries may also cause other injuries to the cervical spine.

 

If you are diagnosed with whiplash, ask your doctor to examine you for:

 

• Traumatic brain injury: Severe cases of whiplash may result in traumatic brain injuries if your brain is slammed against the inside of your skull. But sometimes doctors pay more attention to the neck problems and do not evaluate patients for brain injury.

 

• Post concussion syndrome: If your doctors determine that you suffered both a whiplash injury and traumatic brain injury, you may develop post-concussion syndrome. This condition has symptoms similar to whiplash associated disorders.

 

• Cervical radiculopathy

 

• Cervical myelopathy

 

• Cervical herniated disk

 

• Mechanical neck disorder

 

• Facet joint problems

 

• Fibromyalgia

 

Do I Need a Lawyer to Get Monetary Damages or a Settlement for My Whiplash Injury?

 

If you are reading this article, then you or a loved one likely suffered a whiplash injury through no fault of your own or because you were performing a work-related task for your employer.

 

In Virginia you are entitled to compensation for injuries and losses you suffer because of someone else’s negligence. Almost all auto accidents involve negligence, especially rear-end collisions. And the more serious your injury and the greater the amount of bodily injury liability insurance coverage available, the more likely you are to receive fair compensation for your whiplash injury that covers the cost of your medical treatment, lost wages from work, future lost wages, and pain, suffering, and loss of enjoyment of life.

 

Seems simple, right? Unfortunately it rarely is. Insurance companies often devalue whiplash injuries and refuse to make fair offers because whiplash injuries are rarely accompanied by diagnostic test findings.

 

You will have to fight hard to get the amount of money you deserve. An experienced Virginia whiplash lawyer can help you develop your case so that you get fair compensation for your injuries.

 

How to Increase the Value of Whiplash Injury Settlement in Your Personal Injury or Motor Vehicle Accident Case

 

Settlements and jury verdicts in whiplash injury cases involving chronic neck pain, headaches, cognitive difficulties, major depression, or loss of range of motion of the arms can exceed one million dollars. But to convince the insurance company or jury to allow this amount of compensation for your whiplash injury you will need to:

 

• Get immediate medical attention. This is necessary not only to make sure you get the proper treatment to recover but also to show the insurer and jury how serious your injuries are. The insurance claims adjuster or defense attorney will pounce on any gap in your treatment and try to use that gap as a reason for offering a lower settlement amount.

 

• Get copies of your medical records. Make sure you save all medical documents that you receive. Records and reports from your medical providers will help you substantiate your injuries and damages.

 

• Take pictures of the accident scene. Fair or not, insurance adjusters or juries are often persuaded by visual evidence. If your car suffered extensive damage in the accident, a photograph of the damage can help you prove that the accident happened the way you described and get tens of thousands of dollars more in compensation. A common defense to whiplash injury claims is that the damage to the vehicle is insignificant.

 

• Call an attorney. An experienced whiplash lawyer can present your claim effectively and persuasively so that you net more money.

 

• Get a doctor on your side. Get the testimony from at least one doctor who can explain how your motor vehicle accident caused your whiplash injury and why your symptoms continue.

 

• Find supportive witnesses. Because many of the symptoms of whiplash injury are subjective, meaning they cannot be explained through diagnostic tests, you should present testimony to show that you are honest and credible. This means presenting testimony from friends, family members, bosses, and co-workers that shows how your whiplash injury and resulting symptoms have changed your life.

 

• Get started immediately. The statute of limitations for auto accident claims in Virginia is two years. If the insurer refuses to offer a fair whiplash injury settlement, you will need to file a lawsuit before the statute of limitations expires.

 

Call a Top-Rated Virginia Whiplash Attorney for Help With Your Claim

 

Whether it is filing a claim for workers compensation benefits, negotiating a settlement with an insurance company, filing the lawsuit in civil court, or trying the case in a Virginia court, I can guide you through the legal process to get the most money possible for your whiplash claim.

 

As your Richmond car accident lawyer or Virginia Beach auto accident attorney, I will do everything I can to get you the compensation you deserve for your injuries, medical care, lost wages, and pain and suffering. You may even qualify for Social Security Disability benefits if your whiplash injury disables you permanently.

 

Call now so that we can get started calculating the value of your personal injury case and exploring all your options for financial recovery under Virginia law after a whiplash injury: 804-251-1620 or 757-810-5614. I represent whiplash injury victims in Richmond, Chesterfield, Henrico, Roanoke, Charlottesville, Winchester, Fairfax, Manassas, Fredericksburg, Newport News, Williamsburg, Hampton, Virginia Beach, Chesapeake, Norfolk, and Suffolk.