What is “Whiplash”
Whiplash is a type of neck injury that commonly occurs as a result of a sudden and forceful back-and-forth movement of the neck. It is often associated with car accidents, particularly rear-end collisions, but can also result from sports injuries, physical assaults, or other traumatic events.
The name "whiplash" comes from the rapid motion that resembles the cracking of a whip. When a person's head is suddenly jerked forward and then backward or vice versa, the neck experiences a rapid and exaggerated extension and flexion. This can lead to strain, sprain, or other soft tissue injuries in the neck region.
Symptoms of whiplash may not immediately manifest and can vary in severity depending on the individual and the nature of the injury. Common symptoms include:
Neck pain and stiffness: The most prevalent symptom of whiplash is neck pain, which can range from mild to severe. Stiffness in the neck and limited range of motion are also common.
Headaches: Many individuals with whiplash experience headaches, which can be dull or throbbing and may originate from the base of the skull.
Shoulder and upper back pain: Whiplash can cause pain and discomfort in the shoulders and upper back, often due to muscle strains or sprains.
Dizziness and vertigo: Some people may experience a sense of dizziness or vertigo, accompanied by a feeling of imbalance or spinning.
Fatigue and sleep disturbances: Whiplash can lead to fatigue and difficulty sleeping, often due to the pain and discomfort experienced.
Cognitive and memory problems: In some cases, individuals with whiplash may have difficulty concentrating, experience memory problems, or have reduced mental clarity.
Other symptoms: Additional symptoms may include ringing in the ears (tinnitus), jaw pain, visual disturbances, and psychological symptoms like irritability or depression.
If you suspect you have whiplash or have been involved in an accident that could have caused a neck injury, it is important to seek medical attention promptly. A healthcare professional can provide a proper diagnosis, recommend appropriate treatment options, and help manage your symptoms.
How come my “whiplash” is not getting better?
Whiplash injuries can vary widely in terms of severity and duration. In many cases, whiplash injuries can resolve within a few weeks or months with appropriate treatment and rehabilitation. However, in some instances, whiplash injuries can lead to long-term or chronic symptoms. Whether whiplash injuries are permanent depends on various factors, including the individual, the severity of the injury, and the effectiveness of treatment.
While most individuals recover from whiplash injuries without long-term effects, some may experience persistent or recurring symptoms. Chronic whiplash, also known as post-whiplash syndrome, refers to cases where symptoms continue for six months or more after the initial injury. Symptoms associated with chronic whiplash can include ongoing neck pain, stiffness, headaches, dizziness, fatigue, cognitive difficulties, and psychological distress.
It's important to note that the prognosis for whiplash injuries varies from person to person. Factors that can influence the outcome include the severity of the initial injury, pre-existing conditions, the presence of psychological factors, adherence to treatment and rehabilitation, and individual factors such as age and overall health.
If you have sustained a whiplash injury and are experiencing persistent or chronic symptoms, it's advisable to consult with a healthcare professional who specializes in whiplash injuries. They can assess your condition, provide appropriate treatment recommendations, and help you manage and mitigate the long-term effects of the injury.
Additionally, you should consult with a knowledgeable personal injury attorney who is experienced in handling “whiplash” injury cases who can provide guidance on seeking compensation for any long-term chronic conditions or ongoing medical costs resulting from the injury.
Phillips Personal Injury Understands Whiplash and Is Ready to Help…
Injuring you neck and spine in an accident can have a long-term effect on your health. At a minimum, recovering from whiplash ( or hyper-flexion (bending forwards) and hyper-extension (bending backwards) as it is more accurately explained, takes time and may require medical intervention. If you have been injured in an auto collision and have questions, we invite you to call us for a free consultation. Unlike a lot of injury attorneys who feel neck trauma is a merely “soft-tissue’ injury, we understand the seriousness of the injury and how to combat the “junk science” from the insurance industry.
Unlike most injury law firms that do everything under the sun, even non-injury cases. We limit our practice to neuro and orthopedic injuries which allows us to stay on the cutting edge of diagnosis and treatment of whiplash and whiplash-associated disorders (WAD).
We treat you with the care and respect that you deserve and fight for the most optimal outcome for your case. Questions? We invite you to call us to see how we can help.
How to Prove a Whiplash Injury to the Insurance Company?
Proving whiplash injuries to an insurance company can be challenging due to the subjective nature of the symptoms and the skepticism surrounding these claims. However, there are steps you can take to increase the chances of successfully demonstrating your whiplash injuries. Here are some tips:
Seek Immediate Medical Attention: It's crucial to seek medical attention promptly after the accident, even if you don't experience immediate symptoms. Documenting your injuries and symptoms early on creates a medical record that establishes a connection between the accident and your whiplash injuries.
Follow Medical Advice and Treatment: It's important to comply with your healthcare provider's recommended treatment plan. Attend all scheduled appointments, undergo diagnostic tests if necessary, and follow prescribed medications, therapies, or rehabilitation exercises. Non-compliance can be used by the insurance company to question the severity or validity of your injuries.
Document Your Symptoms: Keep a detailed record of your symptoms, including the type and intensity of pain, stiffness, headaches, dizziness, or any other physical or psychological symptoms you experience. Note the impact of these symptoms on your daily activities, work, and quality of life.
Maintain a Pain Journal: Document your daily pain levels, fluctuations in symptoms, and any activities or movements that exacerbate or alleviate your symptoms. This journal can serve as valuable evidence of your ongoing pain and limitations.
Obtain Medical Reports and Records: Request copies of all medical reports, test results, and treatment records related to your whiplash injuries. These documents provide objective evidence of your diagnosis, treatment received, and any medical opinions regarding the causation and severity of your injuries.
Consult with Medical Specialists: If necessary, seek consultations or second opinions from medical specialists, such as orthopedic doctors, neurologists, or pain management specialists. Their expertise can provide additional credibility to your claim and help establish a clear link between the accident and your injuries.
Gather Witness Statements: If there were any witnesses to the accident, obtain their contact information and ask them to provide written statements describing what they observed. Eyewitness testimonies can help establish the force and impact of the accident, supporting your claim for whiplash injuries.
Engage an Experienced Personal Injury Attorney: Working with an attorney who specializes in personal injury claims, particularly whiplash cases, can significantly assist you in navigating the claims process. They can guide you on the necessary documentation, negotiate with the insurance company on your behalf, and build a strong case to support your whiplash injuries.
Remember, each case is unique, and the specific requirements for proving whiplash injuries may vary. Consulting with a personal injury attorney can provide tailored advice based on your circumstances and jurisdiction.
We treat you with the care and respect that you deserve and fight for the most optimal outcome for your case. Questions? We invite you to call us to see how we can help.
What is “Whiplash Associate Disorder”?
"Whiplash-associated disorder" (WAD) is a term used to describe a range of symptoms and conditions that can occur following a whiplash injury. WAD is a recognized medical term and is commonly used to classify and understand the various presentations and impacts of whiplash injuries.
WAD is typically categorized into different grades or levels, ranging from WAD I to WAD IV, based on the severity of symptoms and their impact on daily functioning. The classification system helps healthcare professionals in assessing and managing whiplash injuries. Here's a brief overview of the different grades of WAD:
WAD I: This grade refers to cases where individuals experience neck pain, stiffness, or tenderness but have no physical signs of injury.
WAD II: In this grade, individuals have neck symptoms along with the presence of musculoskeletal signs, such as decreased range of motion, muscle spasms, or point tenderness.
WAD III: This grade includes neck symptoms, musculoskeletal signs, and the presence of neurological signs, such as sensory disturbances, weakness, or reflex changes.
WAD IV: This grade involves neck symptoms combined with fractures or dislocations in the cervical spine.
The classification of WAD helps guide treatment decisions and prognosis assessment. Treatment for WAD may involve a combination of pain management, physical therapy, exercises to improve range of motion and strength, medication, and psychological support, depending on the individual's specific symptoms and needs.
It's important to note that the classification of WAD is a general framework and may be subject to variations or updates based on the diagnostic criteria and guidelines used by healthcare professionals. If you suspect you have WAD or are experiencing symptoms after a whiplash injury, it is advisable to consult with a healthcare professional for a thorough evaluation and appropriate management.
We invite you to call us with any questions or concerns you may have.
What types of car collisions can lead to whiplash injury settlements?
Whiplash injuries can occur in various types of car accidents that involve sudden, forceful movements of the neck. While whiplash injuries are commonly associated with rear-end collisions, they can also happen in other types of accidents. Some car accidents that can lead to whiplash injury settlements include:
Rear-End Collisions: These accidents, where a vehicle is struck from behind, are a common cause of whiplash injuries. The impact from the rear can cause the head and neck to snap forward and then backward, resulting in a whiplash motion.
T-Bone Collisions: Also known as side-impact or broadside collisions, these accidents occur when the front of one vehicle strikes the side of another vehicle. Whiplash injuries can occur if the impact causes a sudden jolt to the neck.
Head-On Collisions: In a head-on collision, the front ends of two vehicles collide. The force of impact in these accidents can lead to severe neck movement and potentially result in whiplash injuries.
Side-Swipe Accidents: Side-swipe accidents occur when the sides of two vehicles make contact. Although these accidents may not result in direct front-to-back whiplash motion, the sudden jolt and lateral forces can still cause neck injuries.
Rollover Accidents: Rollover accidents involve a vehicle rolling over onto its side or roof. The violent motions associated with these accidents can lead to whiplash injuries, among other types of injuries.
It's important to note that the likelihood of a whiplash injury and the potential for a settlement will depend on various factors, including the specifics of the accident, the severity of the impact, the extent of the injuries, and the available evidence. If you have sustained a whiplash injury in a car accident, it's advisable to consult with a personal injury attorney who can assess your case, gather relevant evidence, and help you pursue a settlement for your injuries and related damages.
Why Are Whiplash Claims Difficult to Prove?
Whiplash claims can be challenging to prove for several reasons. Here are some factors that contribute to the difficulty of proving whiplash claims:
Subjective Nature of Symptoms: Whiplash injuries primarily involve soft tissue damage to the neck and surrounding areas. Unlike objective injuries like fractures or visible wounds, whiplash symptoms are subjective and cannot be easily quantified or measured. Symptoms such as neck pain, stiffness, headaches, and dizziness are reported by the injured person, but they may not be visible or measurable through diagnostic tests like X-rays or MRIs. This subjectivity can make it challenging to objectively demonstrate the extent and severity of the injury.
Delayed Onset of Symptoms: Whiplash symptoms may not immediately manifest after an accident. In some cases, symptoms can take hours or days to develop. This delay can lead to skepticism or doubts about the causation of the injury, especially if there is no immediate medical attention sought after the accident. Insurance adjusters and defense attorneys may argue that the delayed onset suggests that the injury may be unrelated to the accident or exaggerated.
Pre-Existing Conditions: Pre-existing injuries or conditions in the neck or spine can complicate whiplash claims. Insurance companies often try to attribute the symptoms to pre-existing conditions, arguing that the accident did not cause the injury or that the symptoms are a continuation of a pre-existing problem. Distinguishing between pre-existing conditions and accident-related injuries can be challenging, requiring medical documentation and expert opinions.
Lack of Visible Vehicle Damage: Whiplash claims are often associated with low-impact accidents, where the visible property damage to the vehicles involved is minimal. Insurance adjusters may argue that the absence of significant vehicle damage suggests that the impact was too mild to cause substantial injuries. They may downplay the severity of the accident, leading to skepticism about the legitimacy of the whiplash claim.
Perception of Fraud and Exaggeration: Whiplash claims have gained a reputation for potential fraud and exaggeration due to the difficulty in objectively verifying the injuries. Some individuals may attempt to exploit the system by fabricating or exaggerating symptoms to secure larger settlements. This perception can lead to increased scrutiny and skepticism from insurance companies, making it more challenging for genuine claimants to prove the validity of their injuries.
Due to these challenges, it is crucial for individuals with whiplash injuries to seek immediate medical attention, document their symptoms, follow prescribed treatment plans, and gather supporting evidence such as medical records, diagnostic tests, and expert opinions. Working with an experienced personal injury attorney can also be beneficial in navigating the complexities of whiplash claims, gathering evidence, and advocating for fair compensation.
Unlike a lot of injury attorneys who feel neck trauma is a merely “soft-tissue’ injury, or who don’t understand the science, we understand the seriousness of the injury and how to combat the “junk science” and the arguments made above from the insurance industry.
Unlike most injury law firms that do everything under the sun, even non-injury cases. We limit our practice to neuro and orthopedic injuries which allows us to stay on the cutting edge of diagnosis and treatment of whiplash and whiplash-associated disorders (WAD). We invite you to call us with any questions you may have.
How come the Insurance company is “low-balling” my settlement?
In the context of car wrecks and insurance claims, MIST is an acronym that stands for "Minor Impact Soft Tissue." MIST is used by insurance companies to categorize certain types of car accidents that involve relatively low property damage and potential soft tissue injuries and then ”low ball” settlement offers.
The term MIST is often associated with cases where the property damage to the vehicles involved is considered minimal, typically involving low-speed collisions or accidents where the visible damage is not significant. However, it's important to note that the extent of property damage does not always correlate directly with the severity of injuries!
The designation of MIST by insurance companies is intended to identify cases where the injuries sustained by the individuals involved may be disputed or questioned due to the perception that minimal vehicle damage should result in minimal injuries. Insurance adjusters may use the MIST categorization as a basis for offering lower settlements or challenging the validity of injury claims.
It's essential to understand that even in cases with minimal vehicle damage, individuals involved in car accidents can still sustain soft tissue injuries such as whiplash. These injuries may not be immediately apparent and can manifest symptoms days or even weeks after the accident.
If you have been involved in a car accident, regardless of the MIST classification, it's important to seek medical attention promptly. A healthcare professional can evaluate your condition, document any injuries, and provide appropriate treatment and care. If you experience ongoing symptoms or difficulties, consulting with a personal injury attorney can help protect your rights and ensure you receive fair compensation for your injuries and related damages.
Whiplash Lawyers
Phillips Personal Injury Bring Cutting-Edge Whiplash Case KNowledge
Getting fair compensation for whiplash after a car accident injury is rarely as simple as reporting your injuries and getting a check in the mail! Because of the insurance company’s concerns about fraud, the variation of whiplash injuries, and the lack of reliable X-ray/MRI imaging, fighting your case yourself is going to be incredibly difficult.
You deserve the experience and representation of a knowledgeable personal injury lawyer in successfully handing neck injury claims. At Phillips Personal Injury, Michael Phillips, has an understanding that most personal injury attorneys don’t and you can count on him to take your claim seriously and represent you with compassion.
If you have been injured in an auto collision and have questions, we invite you to call us for a free consultation.
The Insurance Industry and their “Junk Science” Regarding Whiplash.
There have been concerns and debates regarding the role of the insurance industry and the use of what some refer to as "junk science" in relation to whiplash claims. These concerns primarily stem from the skepticism often expressed by insurance companies towards whiplash injuries, leading to the use of various tactics to challenge the validity or severity of these claims. Here are a few aspects that have raised concerns:
Insurance Company Tactics: Some insurance companies have been known to employ tactics to minimize or deny whiplash claims. This may include downplaying the severity of the accident, disputing the causation of injuries, or questioning the legitimacy of the claim based on the absence of visible vehicle damage or delayed onset of symptoms.
Use of Medical Experts: Insurance companies often hire medical experts or consultants who may question the validity of whiplash injuries. These experts may rely on research studies or guidelines that are criticized as being biased or outdated, leading to allegations of the use of "junk science." Critics argue that these experts may attempt to cast doubt on the existence or severity of whiplash injuries in order to reduce claim payouts.
Pre-Existing Conditions: Insurance companies may try to attribute the symptoms of whiplash to pre-existing conditions, arguing that the accident did not cause the injury or that the symptoms are a continuation of a pre-existing problem. This can result in disputes over causation and challenges in proving that the accident exacerbated or worsened an existing condition.
Compensation Offers: Insurance companies may make low settlement offers to claimants with whiplash injuries, banking on the hope that the claimant will accept the offer due to the challenges associated with proving the injury. This can create a perception that insurance companies are undervaluing the impact and consequences of whiplash injuries.
Research and Guidelines: There have been debates regarding the scientific research and guidelines used to evaluate whiplash injuries. Critics argue that some studies or guidelines relied upon by insurance companies may not accurately reflect the true nature and impact of whiplash injuries, leading to disputes about the validity of claims.
It's important to note that not all insurance companies engage in these practices, and there are many reputable insurers that handle claims fairly and in accordance with the law. However, the concerns surrounding the insurance industry's handling of whiplash claims have led to increased scrutiny and calls for reforms to ensure fair treatment for claimants with legitimate injuries.
If you believe your whiplash claim has been unfairly handled or you are facing challenges in proving your injuries, it may be beneficial to consult with a personal injury attorney who can provide guidance and advocate for your rights throughout the claims process.