Whiplash is a soft tissue injury in the neck. When most people think about whiplash, they think about car accidents, and for good reason. Car accidents are responsible for the vast majority of cases of whiplash. Whether it’s worth filing a lawsuit for damages for whiplash depends on multiple factors. In general though, if an attorney believes that they can prove your whiplash, then it is worth suing.
The Difficulties of Proving Whiplash
Whiplash injuries can be very difficult to prove, mainly because unlike a laceration or a broken bone, soft tissue injuries are not something you can see. Damage to the skin is clearly visible to the naked eye, and broken bones show up on x-rays, but neither is true of soft tissue damage. While whiplash can be incredibly painful and debilitating, there are no diagnostic tests to reveal its presence.
Another challenge posed in trying to prove whiplash is that whiplash symptoms might not immediately present themselves. At the time of the accident, the brain releases numbing hormones that mask the pain. A whiplash injury can go unnoticed and exacerbate with time. In some cases, it can take up to a week before you start to experience the ill-effects of whiplash. Common symptoms of whiplash include:
- Neck pain
- Neck stiffness
- Jaw pain
- Headaches
- Dizziness
- Vomiting
- Impaired vision
- Shoulder pain
- Back pain
- Fatigue
Documentation
Because whiplash can be so hard to prove, your best friend in court is going to be documentation. Keep records of all of your doctor’s visits and medical treatment. Any visits with a physical therapist should be recorded. While this still might not be enough to prove your case, without it, you don’t stand a chance. Some whiplash symptoms vanish on their own, and if you have no records of doctor’s visits, your claim will be dismissed.
What Are the Causes of Whiplash?
While the most common cause of whiplash is a car accident, there is a whole slew of other things that can result in a person experiencing whiplash. Anything from getting punched in the head to a bad fall. Any situation that causes your head to move violently away from your body has the potential to cause you whiplash.
Whiplash Can Lead to Severe Complications
While some people view whiplash as a minor issue that goes away with time, that certainly is not always the case. Whiplash can lead to lifelong complications that can be quite troublesome. One of the most important things, both for your health and for any potential legal battle, is to seek medical attention immediately after your accident.
You probably won’t feel the neck pain associated with whiplash immediately due to the adrenaline and cortisol that are running through your body. But a doctor can help to determine if there is a problem, and the early diagnosis can help to prevent your whiplash from developing into something worse. Having an immediate diagnosis will also help you in obtaining the maximum settlement possible.
How Much Is My Case Worth?
The majority of whiplash cases settle for somewhere between $2,500 and $10,000. However, that price can go up in more serious cases. If the whiplash leads to nerve damage or an injured vertebra in the neck, you could end up receiving a settlement north of $100,000.
Consult With an Attorney
No matter how severe or mild your whiplash is, the only real way to assess whether suing for damages is worth the time and energy is to speak with a qualified whiplash attorney. An attorney will discuss with you all of your options, the likelihood that your case will be successful if you move forward, and how much you can expect to receive.
In most cases, even if it seems like a tough case to win, if the damage you sustained from your injuries is severe enough, you might as well try to pursue financial compensation. Medical bills resulting from a serious whiplash injury can be quite steep, and without a settlement, you can be stuck with both a devastating injury and crippling debt.