What exactly is whiplash?
“Whiplash” is a graphic word that came into usage in the late 1500s, long before automobiles were conceived of. The term is now used metaphorically to describe the sudden motion (like the crack of a whip) that causes injury to the neck, upper back, and sometimes even the brain. Though whiplash is one of the most common car accident injuries, if you have suffered a whiplash injury you know that the fact the injury is common in no way detracts from the disabling pain its victims endure.
Whiplash results when the neck is jerked rapidly back and force, typically when the victim is impacted by a rear-end car accident. Rear-end accidents are almost always considered the fault of the driver who hits the car in front, since safe driving demands leaving enough room to accommodate sudden braking by the person in front of you. Therefore, with strong legal counsel your chances of winning appropriate compensation are good.
Symptoms of Whiplash
Though some people feel immediate pain or numbness after a whiplash injury, many don’t develop pain until a few days after the accident. This makes it important to file a police report and have a medical check-up after the occurrence, even if you feel fine.
You should also be aware that while the majority of whiplash cases heal over a period of weeks or months with proper treatment, some result in chronic, debilitating neck pain or other serious complications. If you have suffered a whiplash injury, you may have fractured a vertebra, herniated a disc, or damaged a ligament, muscle, or nerve in the region, any of which may manifest in:
- Severe neck or upper back pain
- Worsening of pain with neck movement
- Restricted range of motion in the neck
- Headaches starting at the base of the skull
- Tenderness or pain in the shoulder, upper back or arms
- Pins and needles sensation or numbness in the arms
- Fatigue
- Dizziness
Recent studies have also shown that, in more severe cases, a whiplash injury may be associated with an increased risk of traumatic brain injury (TBI), which may occur without direct impact to the skull. In such cases, patients may experience:
- Blurred vision
- Ringing in the ears (tinnitus)
- Sleep disturbances
- Irritability or rage
- Confusion
- Difficulty concentrating
- Memory problems
- Depression
The higher the speed at which the cars were traveling at the time of the collision will obviously affect the severity of the whiplash injury. The possibility that whiplash injuries may be prolonged as well as incapacitating makes it essential to contact a reliable car accident attorney as soon as possible.
What Compass Law Group Can Do To Help
When the slightest movement hurts your neck and head, you are in no shape to handle all the logistical matters a personal injury lawsuit entails, even if you had the legal background to do so. Once you turn your case over to us, will take care of everything related to legal and insurance matters, including:
- Communicating directly with opposing attorneys and insurance companies
- Filing all necessary paperwork
- Investigating the site of your accident
- Examining police records and medical reports
- Investigating the defendant’s prior history of any similar negligence or misconduct
- Interviewing witnesses
- Consulting with experts in pertinent fields who may testify in court on your behalf
- Keeping you apprised of any important developments in your case
Above all, our whiplash attorneys will fight aggressively both in and out of the courtroom to win you the damages you deserve.
What kinds of things will I receive damages for?
According to California law, you are entitled to receive compensation for both economic (monetary) and non-economic (intangible) losses for an injury caused by someone else’s negligence, including:
- Medical and rehabilitation costs
- Lost income, present and future
- Property damage or loss
- Psychological counseling
- Pain and suffering
- Permanent disability
- Loss of consortium
- Inability to enjoy life
In cases in which the defendant has behaved with flagrant disregard for the law or for human life, the court may also award you punitive damages to punish the individual who caused you harm and to warn off anyone foolish enough to contemplate imitating such rash behavior.
What if I am partly to blame for the accident?
Though this scenario is less likely to occur in rear-end accidents than in other types of collisions, California law recognizes that there may be more than one person to blame for the accident. The concept of “comparative negligence” (comparative fault) takes this into account.
If liability is a point of contention, the court will evaluate the evidence and assign each party a percentage of blame. If you are determined to be 10 percent responsible for the crash, the damages you receive will be 10 percent less than the amount originally awarded. While laws regulating comparative fault differ from one state to another, in California, comparative negligence is categorized as “pure.” This means that you are permitted to receive compensation even if you bear more than 50 percent of the blame for the accident.
