Frequently Asked Questions About Whiplash Injuries

If you are in a car accident, it is likely you will suffer from whiplash injuries. Like any other injuries, it is advisable to consult a car accident attorney before pursuing a personal injury lawsuit. Here are some frequently asked questions about whiplash injuries.

What Is Whiplash?

If, after a car accident, the muscles, ligaments, and tendons in your neck are contracted because of the force of the collision, you may suffer from soft tissue injury. This type of injury is also called hyperextension or whiplash. The main symptoms of whiplash injuries include headaches, shoulder stiffness, neck or upper back pain, and an itching sensation in the shoulders, neck, or arms.

It is usually difficult to prove whiplash injuries. During a medical exam, your doctor will have to touch and move your arms, neck, and head. Your doctor will ask you to perform tasks so that they can examine the tenderness in your neck and shoulders, reflexes in your limbs, and the level of motion that causes pain. Your doctor may also perform advanced tests like X-rays, MRIs, or CT scans to check for extensive damage.

How to Prove Whiplash Claims?

Like many personal injury cases, to succeed in a whiplash claim, you need to prove negligence. You need to prove the basic elements of negligence namely; duty of care, breach of duty, and injuries. Make sure you document your losses. You should also produce the medical bills and records that show the extent of treatment you received after the accident.

Some things that will affect your claim include the extent of your injuries and the time it takes for you to recover. The courts will also consider the amount and type of treatment needed. The activities you cannot perform because of your injuries will also be taken into account when calculating damages.

What Is the Value of a Whiplash Claim?

Some damages you stand to gain for whiplash injuries include medical expenses and lost wages. For serious injuries, you may be able to claim pain and suffering. A good example of pain and suffering is if you develop a phobia for cars after the accident.

When calculating pain and suffering, many car accident attorneys use the multiplier method. This is a formula where the insurance company calculates pain and suffering as a multiple of economic damages. For example, if your economic damages are worth $2,000, your pain and suffering award may be anywhere from 1.5-4 times that amount. 

For more information about working with a car accident attorney, contact a local law firm, like Cantor Injury Law.

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