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:
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.
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.
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.
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:
Those of you suffering from whiplash injury after an auto accident may experience a number of symptoms. These include:
This is the most common symptom of people who suffer cervical acceleration/deceleration injuries. It is usually dull pain that gets worse with movement.
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.
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.
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.
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.
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.
I have represented many auto accident whiplash injury victims who experienced blurred vision after the accident.
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.
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.
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.
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:
At your initial medical appointment, the doctor will perform a clinical examination to assess:
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:
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.
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:
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.
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:
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:
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:
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.
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.
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:
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.
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:
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.