Whiplash: Compensation for Your Personal Injury

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If you have suffered whiplash from an auto accident, you can receive compensation for your pain, suffering, medical costs, and lost wages.

What is Whiplash?

Whiplash is an injury to the soft tissues of the spine, typically in the area of the neck.  While the vertebrae themselves are bones, the spine includes a number of other tissue types as well, such as:

  • Nerve tissue—the spinal cord, which acts to transmit nervous impulses between the brain and body
  • Cartilage—the main constituent of the intervertebral discs that separate and cushion the vertebrae
  • Connective tissue—ligaments and tendons, connecting the vertebrae to each other and to the muscles of the neck and back
  • Muscle

As the term “whiplash” implies, the injury is caused by the spine “cracking” like a whip, the sudden shock injuring or damaging the soft tissues (the cartilage and connective tissue) and muscles in and around the spine. (Note: in very severe cases, the bones—the vertebrae themselves—can be injured, too.) It often happens when the head and the body move independently of each other. This is why it is a frequent outcome in certain kinds of automobile accidents. For example, if your car is rear ended, your body will be pushed forward by the car seat. However, if you had a low headrest or were leaning forward at the time (so your head was not in contact with the headrest), as your body moves forward, you head will snap backwards.

Consequences of Whiplash

Whiplash can be debilitating. It can result in pain, weakness, stiffness, and soreness, in both the neck itself and also lower on the shoulders or back. That’s just from the injury to cartilage, connective tissue, or muscle in a critical, part of the body. If the spinal cord—the nerves—are themselves injured, whether from the shock or from pressure from surrounding inflamed tissue, that can cause pain or weakness in distant parts of the body. Similarly, damage to the bones in the spine can affect the spinal cord and the surrounding soft tissue as well.

Whiplash is no joke. The pain alone—even without any nerve damage—can make the daily routine of life or work next to impossible. Try doing your job, taking care of your house, or playing with your children when just tilting or turning your head is agony—it doesn’t work very well, does it?

Diagnosing Whiplash

Even though simple X-rays will not show most soft-tissue (i.e. non-bone) damage, CAT scans or MRI will show most whiplash injuries. Also, doctors, chiropractors, and many other medical professionals can diagnosis it from restricted mobility (e.g. inability to move freely), inflammation, pain reports from the patient, and other symptoms.

Compensation for Whiplash

If someone else was at fault and caused you to suffer whiplash—for example, a careless or drunken driver who rear ended your car—you can sue them to recover compensation for your injuries. You could potentially recover damages such as:

  • Medical costs (including pharmaceuticals and physical therapy)
  • Lost wages (i.e. for any time you couldn’t work)
  • Pain and suffering (for being unable to enjoy your normal life, as well as literally for the pain you’ve suffered)
  • Loss of consortium (this is a recovery for your spouse, for your inability, while injured, to provide the normal companionship, help, and services that a spouse provides)

Whiplash is a significant injury, with significant consequences. As a result, you could recover significant amounts of damages.

How an Attorney Can Help

If you’ve been injured in a car accident, the first thing to do is to see a doctor—your health comes first. Then see an attorney. The lawyer can help you understand whether someone else may be liable to pay for causing you injury, and what your claim may be worth.

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