Whiplash is one of the most common injuries that a person can suffer after being in a motor vehicle accident. The term “whiplash” refers to a broad category of injuries involving a tendon, muscle, or ligament injury caused by a severe jolt to a person’s neck or head.
The reason that this injury is called whiplash is due to the rapid, jerky response that a person’s neck makes during an accident. Whiplash can occur when a motor vehicle is struck from behind, and the collision causes the victim’s head to whip forward and backward or in a quick side-to-side motion.
If you have ever ridden on a rollercoaster and experienced a sudden force against your neck or head and were in pain afterward, then you may have experienced whiplash.
The effects of a whiplash injury can last up to several weeks or longer. While most of the time, the symptoms will go away on their own, there are some cases where a victim may need to seek medical attention from a doctor or treatment from a physical therapist. Symptoms of whiplash include:
- Headaches, most often starting at the base of the skull
- Neck pain and stiffness
- Lack of flexibility or range of motion in the neck
- Worsening of pain with the next movement
- Tingling or numbness in the arms
- Tenderness or pain in the upper back or shoulder
- Dizziness
The victim of a whiplash injury can sue the person who caused the injury and receive monetary damages to cover medical expenses, lost wages if they could not work for some time, money for damage to their car, and any other expenses resulting from the injury. These damages are easily calculable: the plaintiff just has to present receipts.
Whiplash victims are also likely to experience pain and suffering as a result of their injury. They can be compensated for these hardships, but determining the amount to award can be difficult to calculate.
Are There Any Special Considerations Related to Whiplash Pain and Suffering?
Unlike a broken bone or other joint injury, the actual pain from whiplash injuries cannot be shown by an x-ray or through some other medical imaging device. With a severe whiplash injury, however, a plaintiff might be able to use a medical imaging device to prove their injuries if the whiplash also caused serious injury to their neck or spine, such as a slipped disc.
The pain and suffering from a whiplash injury can often be proven through a victim’s lack of movement or a restriction of their full range of motion near the head and neck area.
In most cases, a whiplash injury will disappear in about a week. If a plaintiff fails to seek medical attention within that time frame, they may be unable to recover damages for this type of injury. However, whiplash pain and suffering will sometimes not appear as an injury until several days or possibly even weeks after a motor vehicle accident.
This can become a serious issue since the longer the period between an accident and the plaintiff’s recognition of the pain, the more difficult it will be for the plaintiff to prove that the pain was caused by the accident.
Additionally, there is a limit on the time that can pass between an injury and the filing of a lawsuit. This is known as the “statute of limitations.” Statutes of limitation can vary greatly from state to state. If the pain and suffering from a whiplash injury do not appear until years after the accident, the plaintiff may be barred from recovering any damages. Speak with a local lawyer to find out the statute of limitations for your state.
One last thing to note about whiplash pain and suffering claims is that the plaintiff must be able to establish that their pain and suffering are real. This can be quite difficult to do. The plaintiff’s pain and suffering cannot be imagined or exaggerated, or they may receive nothing.
What is a Pre-Existing Injury?
A pre-existing injury, also known as a pre-existing condition, can sometimes make it more difficult to prove that a whiplash injury has occurred. A person is said to have a pre-existing injury if they have a medical condition that existed before they got into the current accident.
For example, if a victim had already hurt their neck in an accident before the current one, then this would be considered a pre-existing injury. If their neck was then re-injured in the current accident due to whiplash, then that might change how the judge or jury views their resulting injury.
Some juries may find that the current whiplash injury only served to aggravate their pre-existing neck injury. If this happens, then the plaintiff may not be able to recover the full amount of damages that are typically awarded for whiplash in their jurisdiction.
On the other hand, if the whiplash that resulted from the current accident caused an entirely new neck injury, then the plaintiff may be able to collect the full amount of whiplash pain and suffering damages that are usually awarded in such cases.
As noted, pre-existing injuries or conditions can make it very hard to prove whether the current incident gave rise to a new injury or not. This is especially true when the new injury arises in the same physical place as the plaintiff’s previous injury. To prove that a plaintiff has suffered new injuries and should recover damages, they may need to hire an expert medical witness to testify. Their lawyer can help identify such an expert witness.
Consulting a lawyer can be very useful in these situations. Not only will a lawyer be able to help a plaintiff build their case, but as mentioned, they can also assist with searching for and hiring the right expert medical witness. Often, personal injury lawyers will already be familiar with several excellent medical witnesses they have hired before.
Should I Hire a Lawyer for Help with Whiplash Pain and Suffering?
It can be very difficult to establish a claim for whiplash pain and suffering damages. Therefore, if you have been involved in a motor vehicle accident in which you suffered whiplash injuries, it may be in your best interest to hire a local car accident lawyer as soon as possible.
Your lawyer can ensure that your rights and interests are protected and you understand the relevant laws. Your lawyer can also answer any questions about your case or whiplash pain and suffering laws in your jurisdiction.
An experienced car accident lawyer can evaluate your chances of recovering from whiplash pain and suffering damages and will be able to advise you on forms of evidence to collect to prove the injury exists. Your lawyer can also help you file a lawsuit against another party and can provide representation during any court proceedings.
Finally, if your case seems to be barred by the statute of limitations, your lawyer may be able to argue that the statute should not apply for various reasons. If your case is indeed time-barred, your lawyer can recommend other options for legal recourse and provide you with further legal advice that may be necessary to succeed on your claim.
