WHIPLASH ACCIDENT LAWYER

Although seatbelts and other restraints have helped reduce the number of whiplash injuries, rear-end collisions remain their common cause. Rear-end collisions are not, however, the only way vehicle-related whiplash injuries may occur. A side-impact collision can, for example, cause you to experience lateral forces that can damage the ligaments in the spine and neck.

It may appear somewhat clear-cut that the at-fault party in a rear-end collision is the rear driver. It’s a basic rule of the road to maintain a safe distance behind the vehicle in front of you. Other factors may, however, assign a portion or all of the responsibility to the driver in the forward vehicle. In states with comparative negligence laws, shared fault could affect the outcome of a compensation case. An experienced whiplash accident attorney will carefully investigate and review the details of a crash to determine if shared fault is a factor in an injury compensation claim.

When referring to whiplash, you are typically addressing a range of physical disorders that are included in the collective category of WADs, which stands for Whiplash-Associated Disorders. Non-physical ailments, which include psychosocial issues such as anxiety and depression, may also be considered WADs.

Whiplash injuries can become more serious in women and older adults. Individuals over the age of 65 are more susceptible to certain injuries due to age-related bone and muscle deterioration. The average height of female car crash victims is less than males and women also have a different spinal column structure.

Because whiplash injuries affect the head, neck and spine, the associated disorders can be severe enough to require emergency or long-term treatment. Two of the most serious whiplash-related disorders are spinal cord injuries and moderate to severe traumatic brain injuries. The two injury types are often referred to as SCIs and TBIs.

Traumatic brain injuries can be either mild, moderate or severe, and they may also develop into medical emergencies that require surgery. Mild TBI symptoms may not appear immediately after being involved in a whiplash accident.

It could take as much as a week for you to become aware of mild TBI symptoms, which may include:

• Trouble sleeping
• Problems concentrating or staying focused
• Memory issues
• Confusion
• Grogginess

You may also notice you’re experiencing episodes of heightened nervousness, anxiety or irritability when you have a mild TBI. If the whiplash you experienced in a vehicle accident caused your brain to twist or bounce around inside your head, it could bring about chemical changes or blood vessel damage that can cause certain brain cells to not function properly.

When treating a mild TBI, your doctor will most likely tell you to refrain from your normal activities and get complete rest until you can gradually return to your regular routines. It’s important that you adhere to your doctor’s instructions, even if there’s a significant disruption to your lifestyle and income generation. Your vehicle accident attorney will, however, take those issues into account when negotiating a financial settlement.

The symptoms and treatments associated with a moderate or severe TBI can become serious medical issues.

The physical issues that can be brought on by a moderate or severe TBI can be quite serious. You could, for example, lose consciousness. A moderate TBI could cause you to remain unconscious between one-half hour and 24 hours. A severe TBI could cause you to lose consciousness for over 24 hours.

Some of the other symptoms you may experience with a moderate or severe TBI include:

• Coordination and balance problems
• Vision or hearing loss
• Difficulty communicating
• Arm or leg weakness
• Lost or diminished sensory perception

Moderate and severe TBIs can develop into long-term and life-altering medical issues, which may include:

• Coma
• Brain bleed
• Permanent brain damage
• Movement disorders
• Lifetime disabilities

Moderate and severe TBIs can require surgical procedures such as:

• Removing blood clots
• Removing debris and pressure inside the skull
• Placing monitors inside the brain to measure oxygenation and pressure levels
• Repairing skull fractures

Vehicle accidents are the most common cause of SCIs. As noted by the Cleveland Clinic, more than one out of every three spinal cord injuries occurs in a vehicle crash. An accident-related spinal cord injury is considered a medical emergency. Depending on what area of the spine suffered damage, an accident victim could become paralyzed from the neck down or unable to walk.

A vehicle accident attorney will take into consideration several vital issues when assessing the appropriate amount of monetary compensation for a spinal cord injury. The issues may include:

• The loss of future earnings caused by an inability to return to work
• Loss of the quality of life
• The cost of long-term in-home care or mobility equipment
• Loss of companionship or spousal intimacy
• Pain and suffering

Under certain circumstances that involve another driver’s extreme recklessness or disregard for other motorists’ safety, the court may also order an accident victim to receive a punitive damages award.

Although all whiplash-related injuries may develop into serious medical issues, some also lead to a full recovery. In some cases, the maximum degree of recovery may come with a lessened quality of life, but without a major issue such as paralysis or brain damage. Chronic neck pain, stiffness and sleep disturbances may remain, however.

As noted by the Mayo Clinic, many whiplash-associated symptoms end after a three-month recovery and treatment period. Estimates, however, also point to as much as half of the patients suffering from pain that lasts longer than three months or lasts for years. Almost one out of every three recovering whiplash patients experiences long-term moderate or severe pain that has a negative impact on their lives.

Some long-term effects of a whiplash accident can be emotional or psychological.

Approximately one out of every four patients with whiplash injuries also suffers from emotional or post-traumatic stress disorder related to their vehicle accident. Cognitive behavioral therapy techniques are often the prescribed treatment and may include associated pain-rehabilitation sessions. Some whiplash patients suffer from anxiety or develop a fear of movement that hinders a return to a previous lifestyle or daily routine. A considerable degree of overlap can occur between the physical and psychological aspects of whiplash recovery.

An attorney experienced in whiplash cases can help you get the recovery treatments you need while also providing peace of mind. You’ll know that you can remain focused on healing rather than negotiating on your own with insurance companies that may prioritize their cost-reduction goals over your recovery needs. You’ll also appreciate a seasoned professional navigating through all of the filing requirements and state laws related to an injury claim.

A skilled vehicle accident attorney will conduct a thorough investigation of your accident. The investigation could include visiting the accident site, interviewing witnesses, reviewing police records and consulting with medical professionals. Issues of fault determination could become complex if your injuries resulted from a multi-vehicle collision or hazardous road conditions. If needed, your attorney will consult with an accident-reconstruction expert or other professional witnesses to help build your case.

Some injuries may not show any symptoms until days or even weeks after an accident occurs. Certain whiplash-related injuries fall into this category, so the first thing that should be attended to is getting checked by a doctor. Explain that you were in a vehicle accident and provide thorough details.

Your doctor should know what tests to run to determine if you have a whiplash-associated injury or other latent condition that hasn’t shown any symptoms yet. Your attorney will also rely on your doctor’s medical evaluation to build your case for compensation.

You should also consult with an experienced vehicle accident attorney as soon as possible. Talking to insurance companies before speaking to an attorney could hinder your ability to obtain the full amount of compensation your injuries deserve. Leave the negotiating to a skilled accident attorney.