All About Whiplash

July 15, 2022 | By AP Law Group
All About Whiplash

Whiplash injuries are one of the ailments most commonly associated with car accidents. These injuries result from a rapid, whip-like motion your head and neck can endure in some collisions, particularly rear-end accidents. This injury can be persistent, which means it may take a while for you to recover. Some whiplash symptoms may affect you indefinitely and may even prove to be permanent.

Those who suffer whiplash or any other injuries during an auto accident should hire an attorney. This injury can prove more costly than you might anticipate. It is only right that you receive the compensation you deserve, and a personal injury lawyer will fight hard for that compensation.

Whiplash: What to Expect from This (Potentially Serious) Injury

You can find the symptoms of whiplash through a simple search, but it’s important to note that your whiplash is unique. You must consult a medical professional qualified to diagnose and treat whiplash to get a personalized treatment plan.

Some of the symptoms your medical providers may need to treat include:

  • Stiffness and limited range of motion: Your head and neck are not supposed to mimic the motion of a cracking whip, yet that’s precisely the kind of motion that results in whiplash. Stiffness and limited range of motion in your neck and head are not especially surprising considering the trauma your body has endured. 
  • Pain: Stiffness is one thing. Pain is another. Many people endure searing, persistent pain as a result of their whiplash injuries. This pain is distressing in its own right, and dealing with pain can cause severe secondary effects—depressed mood, irritability, and diminished quality of life among them.
  • Headaches: A whiplash injury can coincide with a traumatic brain injury (TBI) due to the force put on your head during the accident. Even if you don’t have a TBI, headaches may be a debilitating problem. Up to 50 percent of accident victims with whiplash may experience symptoms more than six months after the crash, and headaches are the most commonly reported long-term symptom.
  • Dizziness: Between 25 percent and 50 percent of those with whiplash experience vertigo and dizziness. These symptoms can be truly debilitating, as they may limit one’s ability to live their life in a physical manner—the way life is meant to be lived.
  • Cognitive problems: Memory, concentration, and your ability to process information may be diminished when you suffer a whiplash injury. 

Phrases like “it’s just a whiplash injury” are foolish. This kind of injury can be absolutely debilitating and may not heal quickly. Virtually every aspect of your life may be affected by your whiplash symptoms, and you must receive compensation reflecting and covering your damages.

Treatments Commonly Prescribed to Those with Whiplash Injuries

Identifying treatment for whiplash can be a source of hope, so let’s cover some of them. Treatments that you may receive to alleviate whiplash symptoms include:

  • Injection therapies
  • A cervical collar
  • Medications
  • Spinal manual therapy
  • Cognitive behavioral therapy (CBT)

The mention of cognitive behavioral therapy is notable. Those who suffer whiplash, and those who suffer brain injuries related to whiplash, may experience:

  • Depression
  • Generalized anxiety
  • Unpredictable mood changes
  • Fear of even riding in motor vehicles
  • Other psychological and emotional symptoms

Treating your whiplash is an urgent priority. It’s just as important that you receive treatment for any mental health deficits related to your auto accident.

Common Accident Types That Can Produce Whiplash Injuries

Though whiplash is frequently associated with rear-end accidents, one might also suffer this injury in other types of collisions, including head-on accidents. There are several genres of auto accidents in which you might experience a whiplash injury, and these include:

  • Car accidents
  • Truck accidents
  • Rideshare accidents
  • Bus accidents
  • Motorcycle accidents
  • Pedestrian accidents

If you were in any type of auto collision, it is wise to speak with an attorney who handles your case type. The at fault party's insurer should cover all damages related to your whiplash. An injury attorney will demand they pay you the money your damages entitle you to.

Should I Hire an Auto Accident Attorney If I Suffered Whiplash in a Crash?

Let’s explore the benefits of working with an attorney more closely. You might hire a lawyer after suffering a whiplash injury because:

Your Attorney Will Manage Every Detail of Your Case (and Have Experience Doing So)

There is value in not having to do certain things. This is true of auto insurance claims. Your whiplash injury lawyer will:

  • Immediately take over all case-related duties
  • Be responsible for both the major duties (like negotiating a settlement) and the little details (like ensuring every case-related document is formatted properly)
  • Ensure your case reaches its conclusion as efficiently as possible

You might need to take certain steps during the case, such as providing your recollection of how the accident happened. However, these duties may be few and far between, and your lawyer will make these steps as simple as possible for you.

Your Lawyer Will Know Medical Providers Who Treat Whiplash

Even if you have already received medical care for your injuries, better care may be available. Your lawyer may have relationships with highly qualified providers, and they may refer you to these providers.

A lawyer’s relationships in the medical community may be important because:

  • You deserve the best care available, as a good doctor can be the difference between lingering symptoms and a speedy recovery
  • Documentation of your injuries, symptoms, and treatment costs may be a key piece of your case, and skilled doctors can provide detailed documentation
  • Medical professionals may serve as experts supporting your case, so knowing you can rely on certain medical experts may prove priceless

As they gain experience, whiplash lawyers gain valuable medical insights (even though they’ll admit they’re far from having a medical license). These insights are another reason why a lawyer is qualified to lead your case after the collision.

An Attorney’s Firm Will Offer Resources You Wouldn’t Otherwise Have

A lawyer comes with a stable of resources. If you didn’t hire a lawyer, there’s a good chance you wouldn’t pay for these resources out of your pocket.

Your whiplash injury attorney may come with:

  • Significant financial support for your case, which allows a lawyer to reconstruct an accident, hire experts, and take other valuable measures that make a case stronger
  • Paralegals, who often serve as attorney’s right-hand men (and women) in completing legal work
  • Support staff, who can serve critical roles in managing and advancing cases

Support staff and paralegals also enhance the client experience. While good attorneys make a concerted effort to communicate regularly with clients, lawyers are not always available. During these times, being able to speak with a paralegal or other staff member may ease your mind and provide any answers you seek.

If You Need to Sue, Hiring a Lawyer Will Be a Strong First Step

Not every case of whiplash requires a lawsuit. Some do, though.

If you ultimately elect to sue, having a lawyer will be a great benefit. It’s no coincidence that “lawsuit” and “lawyer” both have “law” in them, as leading lawsuits is one of a personal injury lawyer’s most common responsibilities.

What Attorneys Do for Clients Who Suffer a Whiplash Injury

When you retain a lawyer, you can turn your attention to:

  • Resting: Rest is a common prescription for all sorts of accident-related injuries, and whiplash may be no exception. There may be little time for rest if the insurance companies are calling you. Hiring a trusted car accident attorney means they will handle all communication with the insurance companies.
  • Healing: Many of the symptoms of whiplash are psychological, cognitive, and emotional. To heal properly, you may need to insulate yourself from added stress and cognitive challenges. Ask any lawyer: Auto accident claims and lawsuits can offer plenty of both stress and cognitive challenges.
  • Managing the responsibilities only you can handle: Nobody can serve as a parent, tend to your household hobbies and duties, or handle the other roles that are distinct to you. Life goes on after an auto accident. While your lawyer can handle your case, they can’t handle your day-to-day responsibilities.
  • Being available for your lawyer: Expect your attorney to reach out regularly throughout your case. Be available for them, and they will make sure your case is complete as soon as possible.

You can focus on these important responsibilities because your personal injury lawyer will be intently focused on resolving your case. Some of these steps your lawyer may take to complete your case include:

Your personal injury attorney will determine who is at fault for your accident. That will be the party that is at fault for your whiplash injury. Your lawyer may determine fault by evaluating:

  • Your recollection of the accident
  • Witness statements about your accident
  • Any video showing the accident
  • Photographs of the accident scene (which typically includes damage to vehicles)
  • Any other evidence or information related to the collision

Note that fault and liability are not the same thing. A driver may be at fault for your accident, and their insurance company may be liable for the cost of your accident.

Determining the Cost of Your Damages

Your legal team will determine how much money you are entitled to. They will consider the harm you’ve already suffered, the harm you’re currently experiencing, and any harm you will likely endure in the future.

Even damages without an obvious financial value, such as physical pain, will be part of your lawyer’s calculations.

Proving How the Accident and the Whiplash Have Affected You

Your attorney will gather documentation of your damages to pair with their calculation of your case value. Some documentation that may benefit a whiplash-related case includes:

  • Medical documents, including any images, bills, doctors’ notes, and other records that relate to your injury
  • Financial records, including any income statements that show an injury-related decline in your income
  • Bills and receipts, which can show the cost of temporary transportation, replacement of damaged property, and other accident-related expenses

Your own words may be potent proof of how whiplash and other effects of the accident have eroded your quality of life. Expert testimony may be similarly powerful.

Pursuing an Acceptable Settlement

Many accident survivors with whiplash receive compensation via settlement. You may, too.

Your attorney won’t advise you to accept just any settlement. They will fight for fair compensation. A lawyer’s job is to ensure your long-term financial security, and that will be their motivation as they pursue a settlement for you.

Some whiplash cases require a lawsuit. If your personal injury attorney files a lawsuit on your behalf, they may:

  • Convince liable parties to offer you a fair settlement (for some liable parties, a lawsuit is a necessary wake-up call that prompts good-faith negotiation)
  • Take your case to trial

Because of a lawyer’s training and experience, all options are available to you.

The Cost of Whiplash—and Other Damages You Might Have Suffered During the Accident

The cost of each whiplash case is unique. Your lawyer will have a compassionate discussion with you, speak with your doctors, and hire experts to determine the value of your damages.

Some of the damages that can factor into an auto accident case with whiplash injuries include:

  • Pain and suffering
  • Healthcare costs
  • Vehicular damage
  • Temporary transportation
  • Lost income
  • Diminished earning capacity

If your whiplash, other injuries, or pain and suffering are disabling, this can affect the valuation of your case. Whatever harm you’ve suffered, your attorney will fight for compensation that helps you put your life back together.

Worried About the Cost of a Whiplash Lawyer? There’s No Need for That.

You do not need to worry about the cost of hiring a lawyer. Most auto accident attorneys only receive a fee if they secure compensation for clients like you. You won’t have to pay out of pocket for legal services, which means you can retain an attorney at no personal financial risk.

When to Hire a Whiplash Injury Lawyer (Today)

Do not wait to hire your whiplash accident attorney. Consultations are free and come with no obligation, so begin by contacting prospective attorneys as soon as possible.