Whiplash Injury 

What Is Whiplash Injury? 

Whiplash is a neck injury caused by sudden, forceful back-and-forth movement of the head. This movement causes the neck to strain or overstretch, damaging soft tissue, including muscles, ligaments, tendons, and potentially nerves and bones.

This is the whiplash meaning used in the medical field. The resulting symptoms of the injury are collectively referred to as “Whiplash Associated Disorders (WAD).” 

Whiplash Injury Symptoms: What To Look For 

The common whiplash injury symptoms are: 

• Neck pain and stiffness 
• Headaches 
• Radiating pain to the shoulders, arms, and back 
• Tenderness in the neck, shoulders, upper back, and upper arms 
• Tiredness 
• Dizziness
• Muscle spasms 

Some symptoms can be delayed. It may take hours or days for them to be noticed. For example, tingling or numbness in the arms, difficulty concentrating, memory loss, and trouble sleeping. Seeking immediate medical help ensures your injury is discovered and treated on time. 

The symptoms you can experience also depend on the severity of the injury. If you sustain a severe whiplash injury, you may experience muscle weakness, numbness, hoarseness, difficulty swallowing, vertigo, and vision problems. 

Types and Severity of Whiplash Injuries 

Whiplash injuries are classified in grades, depending on severity. The grades range from 0 to 4. At grade 0, someone who has sustained a whiplash injury does not experience any pain or show any symptoms. Grade 1 whiplash is characterized by neck pain, stiffness, or tenderness, but there are no physical signs of a neck injury. 

The symptoms of grade 2 whiplash are neck pain, stiffness, and tenderness, plus a few physical and musculoskeletal signs of an injury, including bruising, swelling, and decreased range of motion. 

A person categorized to have grade 3 whiplash has neck pain, stiffness, tenderness, physical and musculoskeletal signs, along with neurological signs, such as numbness/tingling/weakness in the arms. 

Grade 4 whiplash cases involve all the above symptoms plus fractures, dislocations, or injuries to the spinal cord. This is the most severe whiplash. 

The grade of an injury impacts compensation. If you sustain serious neck and spinal injuries after a car accident, you need a settlement amount that can cover the costly medical expenses you are likely to incur. Your recovery may take months or even years, seeing that you might need ongoing treatment. 

Can Whiplash Cause Brain Damage? 

Yes. Severe whiplash can cause brain injuries.

This includes: 

• Concussions: Temporary disturbance in the normal functioning of the brain 
• Diffuse axonal injury (DAI): The shearing and tearing of the brain’s nerve fibers (axons) 
• Brain contusions: Bruising of the brain tissue 
• Brain hemorrhage: Bleeding caused by a rupture of blood vessels within the brain 

These injuries can occur when the rapid forward and backward movement of the head and neck causes the brain to strike against the inside of the skull. Sustaining whiplash brain damage can be life-threatening. An immediate medical evaluation is crucial in ensuring you receive treatment, preventing the condition from worsening. 

Medical Diagnosis and Treatment for Whiplash 

A whiplash injury medical term is cervical acceleration-deceleration (CAD) syndrome. To be diagnosed with CAD, your doctor will first ask about how you were injured and your symptoms. This will be followed by a physical examination. They will touch and move your neck to assess your range of motion, pain points, and tenderness. You will be asked to perform a few tasks so the doctor can evaluate reflexes, strength, and feeling in your limbs. 

Although whiplash is not visible on an X-ray test, your doctor will perform it to rule out fractures, dislocations, or other conditions. CT scans and MRIs may be ordered to get a better view of the bones, soft tissues, and nerves. 

Based on the nature of how your injury occurred and the results from the physical examination and imaging tests, your doctor can make a CAD diagnosis and develop a treatment plan. The treatment options used for whiplash include medications, pain management, physical therapy, and exercise. 

It’s critical to follow all the instructions provided by your doctor. You don’t want to make mistakes that can affect your recovery. 

Whiplash Injury From Car Accidents 

Cases of whiplash injury after a car accident are common because of the forceful impact vehicles exert. Even at lower speeds, a crash can result in a force that pushes a car’s occupants back and forth. Nonetheless, the higher the speed a vehicle was moving, the more severe the effects might be in a whiplash injury car accident. High-speed impacts can cause grade 4 whiplash, along with other injuries like spinal cord injuries and head trauma. 

A car accident injury lawyer for whiplash cases can help you fight for what you deserve. Therefore, if you sustain whiplash from a car accident in Miami, consider getting legal guidance as soon as possible. 

Filing a Whiplash Injury Claim 

When involved in a car accident, you should first confirm if you are injured and safe. If you can move around, you need to exchange information with the other driver. This includes names, phone numbers, addresses, driver’s license numbers, and vehicle information.

You should then gather evidence. Take photos and videos of the accident scene, the surroundings, and any visible injuries you might have, and collect contact information from witnesses. If you can’t move around, ask a witness to help you document the scene and gather needed information while you wait for medical attention. 

After receiving medical treatment, you need to notify your insurance company about the accident. It’s crucial to seek legal guidance when filing a whiplash injury claim to make informed decisions.

With the help of your personal injury attorney, you will draft a demand letter and send it to the other driver’s insurance company. The insurer will respond with the initial offer, and your lawyer will use their negotiation skills to reach a fair settlement. If a settlement cannot be reached, or the other side denies liability after receiving the demand letter, your lawyer can file a lawsuit on your behalf.

Your attorney will help you gather and preserve relevant evidence and documentation (medical records, pay stubs, police reports, and witness statements) to prove your damages. 

How Long Does a Whiplash Injury Claim Take? 

 It can take several months to even years, depending on the complexity of the case, the severity of your injury, and the willingness of the other driver’s insurer to negotiate. For instance, sustaining a severe injury that requires extensive treatment can lengthen the process. Nonetheless, having solid evidence and the necessary documents, and working with specialists can help you settle your case within a few months. 

Compensation for Whiplash Injuries 

Various factors affect compensation for whiplash injury. For starters, medical expenses are primarily determined by the severity of an injury. A severe injury typically leads to high costs of treatment. A victim who is seriously injured may also need more time off work to recover, which translates to a significant loss of income. Further, the pain and suffering (both physical pain and emotional distress) an injured victim experiences will be considered when determining compensation. 

Seeking fair compensation allows you to cover the damages you incur as a result of the accident. 

How Much for Whiplash Injury Compensation? 

The average personal injury claim for whiplash can be valued at a few thousand to hundreds of thousands of dollars. This depends on the above-discussed factors. Someone who sustains a grade 4 whiplash injury that results in permanent disabilities and substantial income loss can recover thousands of dollars in compensation. 

Get more information about the average settlement for a car accident back and neck injury. 

Why Choose Bernstein & Maryanoff, Injury Attorneys? 

Bernstein & Maryanoff, Injury Attorneys, has over three decades of experience helping clients injured in car accidents get fair compensation. If you sustain a whiplash injury in a crash, we will investigate the case to collect adequate information regarding liability and damages. We will speak with investigators, witnesses, police officers, insurance companies, and other professionals to attain this. 

Our law firm is committed to client advocacy and personalized service. The approach we use in your case will be tailored to its specific needs. Doing this helps us provide quality services to all our clients. 

We have secured millions of dollars for car accident victims and are passionate about helping more people fight for their rights. Get expert legal guidance now. Call 1-800-429-4529 for your free consultation.