Skip to Content

Personal Injury Claim: Whiplash – What You Need to Know

Do You Have Whiplash?

One of the most common injuries in car accidents, neck pain may be the result of whiplash. If you are involved in a personal injury claim whiplash situation and unsure about your legal rights, now is the time to contact Avrek Law.

Also known as Whiplash Associated Disorder (or WAD), it is characterized by a sudden jolting that occurs in the shoulders and the neck. While most often a result of rear-end accidents, they do occur in other kinds of collisions. In a rear-end accident, the force caused by the impact propels your body forward with your head lagging a split second behind. The inertia from the impact moves throughout the body, causing a rubber banding affect that results in the whip lash. In this instant your ligaments, muscles, and tendons can become torn.

Symptoms of Whiplash

Whiplash is tricky to identify and can be deceiving. This is because the symptoms do not always come up right away and can take days to manifest. It’s hard to know what to expect physically after a car accident, but if you are offered medical assistance, do not refuse it. It may be more severe than you first think.

Why is whiplash delayed? It comes down to adrenaline and cortisol release after a collision. Both hormones mask pain and cause a numbing effect that last well beyond the collision. Once it leaves your system, the true damage that has been caused remains and will have to be dealt with.

Injury causes swelling that closes the distance between nerve endings and muscles. This can cause an increase in the number of pain messages to the brain. The pain that you experience can range the gambit from mildly annoying and irritating to severe to the point of being disabled.

Common Whiplash Symptoms:

  • Tinnitus: Also known as a constant ringing in your ears
  • Discomfort caused by back pain
  • Issues with your vision including blurred vision
  • Vomiting or dizziness
  • A pronounced weakness in both or one of your arms
  • Soreness or pain felt in your jaw
  • Shoulder stiffness or pain
  • Neck stiffness or pain

Delayed Symptoms

A woman rubs her neck after suffering a possible whiplash injury after an auto collision

Some symptoms will be delayed in their expression. Because of this, you should again always accept medical care from paramedics. If it is the opinion of a paramedic that you go to an emergency room for an evaluation, then never turn it down. It is not uncommon for an ER doctor to order a CAT scan or MRI scan for a victim of an accident. ER doctors are well familiar with the effects of cortisol and adrenaline, and they will order these scans to make sure there are no issues of torn or sprained ligaments, tendons, or muscles.

Can I Sue For Whiplash?

No one wants to get involved with the law unless absolutely necessary. The personal injury claim process can be complicated and insurance companies do not always play ball or do what is right. When you have mounting medical bills and out of pocket expenses that are caused by another driver’s negligence, then it is up to you to get the financial reimbursement you are owed under the law. You are left with the choice to either file or suffer the consequences.

Begin building your whiplash personal injury claim by seeking medical attention after an accident. If paramedics are not being dispatched to your collision, it is up to you to seek medical attention. The biggest mistakes made in this process is delaying your medical treatment; physical therapy for car accident victims is important to consider. Make treating your injuries your first priority.

Remember that you will need to attempt to convince a claims adjuster that your whiplash neck injury was caused by the negligence of someone else. This is significantly harder if you wait several days before seeking medical care for your injuries. Simply put, the longer you decide to wait, the greater the risk that the claim’s adjuster will allege that your injury is not serious or was possibly caused by a different incident. The faster you decide to seek the medical attention you need, the more credible your claims will end up being to everyone involved.

Find the Right Medical Professional

A credible chiropractor or physician is critical for making your claim. Stay away from those who publicize that they can help you win an injury claim and instead go for an individual who is generally trusted for their medical opinion. Be aware that if you go with the services of a doctor recommended to you by a lawyer, then they may both charge you a lot of money leaving you with little once the settlement is over. See your primary physician first if you believe you may have whiplash and get their opinion as soon as possible.

Collect All Documentation Regarding The Medical Process

You will have to make a case for yourself and gather any and all documentation you are given regarding whiplash. Medical documentation should include any and all information regarding the emergency room admission including the entry forms, x-rays, medical charts, CT scans, blood tests, MRIs and notes from the doctor.

You should also have further records that show a follow-up treatment ordered by your doctor as well as continued tests and a future prognosis. Be aware that chiropractic treatment cannot be substituted for seeing a trained doctor.

Be Wary of Independent Medical Examiners

As a final word of warning, beware independent medical examiners and tests that are not done from third-party and uninvolved groups. More often than not, an adjuster may try to force you to go to an independent medical examiner and refuse your doctor’s information. You do not have to agree to the exam.

Resolve Your Personal Injury Claim: Whiplash Today!

What you can sue for in a car accident? Knowing how to manage your claim is paramount to the success of your case. Avrek Law has more than 50 years of combined experience resolving cases in favor of clients who were wrongfully injured, and has recovered more than $1 billion in compensation for injury victims in more than 45,000 cases. Contact us for your free consultation to learn more!

Request Free Consultation

Avrek Law Firm's legal team, led by attorney Maryam Parman

Injured? Choose the Best

866-598-5548Available 24/7
Se Habla Español