Whiplash: a Complicated Injury

Causes of Whiplash

Whiplash can be a painful injury which results from an abrupt and forceful back-and-forth jerking motion.  A Mayo Clinic report on whiplash concludes that this injury is most often caused in rear-end collisions, but can also occur in: sports accidents, particularly contact sports; physical assaults; and other types of trauma, such as shaken baby syndrome. The type of motion that results in whiplash may also cause injuries to the bones in a person’s spine, disks between the bones, muscles, ligaments, nerves and neck tissues.

An accident victim who experiences serious or lasting symptoms from a whiplash injury caused by another person’s negligence may be eligible to make a claim for compensation. The following information may be helpful if you believe that you or a loved one may be suffering from a whiplash injury resulting from a car accident or another event.

Symptoms of Whiplash

The severity of a whiplash injury and any associated symptoms will vary depending on a number of criteria, including characteristics of the injured person (such as their general health, past injuries, gender and age) and the nature of the accident (including direction, speed and force of the impact).  Studies have found, for example, that the kind of whiplash injury suffered may be effected by whether a collision was a rear-ending, front-end, or side impact collision.  It is important to note also, that every person may be affected differently, even in the same accident.

Whiplash pain is generally accompanied by, and related to other physical injuries such as sprains, strains and fractures that may occur in an accident.  In many cases of whiplash, the injured person also suffers musculoskeletal injuries, neurological injuries and/or fractures or dislocations. However, sometimes whiplash is a manifestation of pain related to a strain or another ‘invisible’ injury.  Unfortunately, when there are no physical signs associated with a whiplash injury that are visible in a standard medical procedure, it can be more difficult to prove the severity of injury as there are no fractures or other damage to give a medical expert measurable proof of whiplash.  

The most frequent symptom of whiplash is neck pain, which occurs in about 90 per cent of whiplash injuries. Other very common symptoms are stiffness in the neck and headaches, but there are many potential signs that suggest you may be suffering from whiplash.  These include:

• Neck stiffness and/or loss of range of motion
• Neck pain, which worsens when you move
• Headaches, generally beginning at the base of the skull
• Pain or tenderness in the shoulders, arms and/or upper back
• Fatigue
• Numbness in the arms
• Dizziness

Less common but also sometimes experienced are:

• Blurred vision 
• Insomnia, sleep disturbances
• Difficulty concentrating
• Ringing in the ears
• Memory problems
• Irritability
• Depression

 What You Should Expect / Recovery

If you have sustained injuries from a car accident, you should always seek medical treatment immediately. Sometimes symptoms do not become recognizable until the day or even weeks after the event causing your injury.  Certainly, if you are experiencing neck pain or other whiplash symptoms, a medical assessment will help determine whether there is any other physical damage, such as nerve or soft tissue damage that may be contributing to your symptoms.  Also, it is important to follow your doctor’s advice in terms of rest and further treatment to ensure optimal recovery and to help avoid worsening of your symptoms. Injured persons are generally advised to avoid any physically demanding activities, such as lifting heavy objects, for six weeks to six months. In some cases, a whiplash injury can lead to permanent disability; however proper and immediate medical attention can sometimes mitigate serious symptoms.

An injured person may not be able to work for some time following their accident, particularly if their work is physically demanding.  Your physician can recommend self-administered treatments such as applying ice to the injury (for the first few days) then switching to heat (on about the fourth day); but in many cases, whiplash injuries also require rehabilitation treatments such as physiotherapy, massage therapy and chiropractic treatments.  The majority of whiplash injuries heal in six to nine months; however, in about 20 per cent of cases, restricted movement and/or pain lasts for years or even, the rest of their lives.  Be prepared to take some time to determine the full extent of your injury and losses because, in many cases, you cannot predict whether symptoms will clear up or persist indefinitely.

In the event that you claim compensation for a whiplash injury, your case may be weakened if you did not follow your doctor’s orders in your recovery. Medical documentation including doctors’ records is key evidence for the severity of symptoms and extent of loss suffered by an accident victim in any injury claim, and whiplash is no exception.  Even when your symptoms are ‘invisible’ symptoms such as headaches and neck pain, the testimony of health care professionals such as neurologists, who fully understand the effects of whiplash injuries, can convince your insurer or a judge of the legitimacy of your injury and loss.

In addition to obtaining medical records detailing the extent of your whiplash injury, it is a good idea to seek legal advice as soon as possible following an accident that resulted in serious injury. Your personal injury attorney will ensure that you do not miss any of the deadlines for filing an injury lawsuit and/or a motor vehicle accident claim.  If whiplash resulted from a motor vehicle accident, a lawyer can advise you which of these is your best option for receiving full compensation, and will ensure that you understand the type of medical documentation, assessments and follow-up treatments that are needed, not only to further your recovery but also to support your case.

Insurance adjusters approach some types of injuries, particularly whiplash, with skepticism and doubt. Becoming informed about the claim process and what to expect can benefit you throughout the claims process. If you already filed a motor vehicle accident claim or a disability claim and it was denied, an experienced attorney can help resolve the reason for the denial and maximize your chance of receiving the compensation you are owed.