Anyone who’s been in a car accident, and many people who haven’t, know that whiplash injuries are scary and painful. Neck muscle and ligament damage from sudden head and neck movements can take some time to manifest, and even longer to heal.
Whiplash might be the most common car accident injury, and it may be possible to get compensation if you’ve suffered whiplash in a car accident. But compensation can be a complicated procedure.
A Pain in the Neck
While whiplash is most often associated with high speed, rear end car collisions, it can also occur during low speed accidents. The lay term “whiplash” refers to a cervical sprain, cervical strain, or hyperextension injury that occurs when the head is whipped forward and back causing damage to the muscles, tendons, and ligaments in the neck.
Despite whiplash’s somewhat negative connotation (as the poster child for faked injury claims), whiplash is a serious injury that may not be immediately apparent right after an accident. And, once diagnosed, whiplash can take months or years to overcome, causing a substantial disruption to a person’s life and livelihood.
Sticking Your Neck Out
Like most car accident injuries, you can be compensated for whiplash. But there are some legal considerations to keep in mind.
First, you must be able to prove your injury. This may include seeing a specialist to diagnose the extent of your whiplash and keeping copies of all your medical records relating to the accident. Second, you must be able to prove the accident caused your injury. Again, your medical records will be key to demonstrating that you were healthy before the accident and injured afterward. Third, you must be able to prove who is liable for the accident. This can be complicated, especially if more than two cars are involved in accident.
An experienced injury attorney will be able to assess your whiplash claim and advise you on whether you can be compensated for whiplash injuries.
- Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
- Whiplash-Related Injuries (FindLaw)
- 5 Car Accident Myths (FindLaw’s Injured)
- Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)