Whiplash after a Car Accident

Whiplash after a Car Accident: Can I Sue?

Whiplash injuries are the most common in car accidents and are often not seen immediately. With immediate treatment, victims of car accidents can heal after a few weeks or months of physical therapy and other appropriate chiropractic treatments. When poorly handles or ignored, whiplash injuries can result in permanent disability and a heavy financial burden. Therefore, victims of auto accidents should take whiplash injuries seriously to avoid huge treatment expenses and trauma due to paralysis.

Understanding a Whiplash Injury

This spine injury is often caused by rear force, especially if your car is hit from behind. As a result, your head and neck are forcibly thrust back and forth. These sudden motions can cause your neck, head, and cervical vertebrae to strain due to overstretching. This may damage their respective muscles to the extent that you can no longer hold your vertebrae in its position. This could cause the shifting of the nerves around the spinal cord. Some of the signs you may have sustained whiplash injuries include feeling weak in the muscle, pain, and spasms.

Should I Take Whiplash Injuries Seriously?

The fact that whiplash injuries affect the vertebrae of the neck, the discs, and the nerves makes these injuries extremely dangerous. This is the reason some whiplash injuries take a few more months to heal, while some may require a corrective surgery on the spinal cord.

Whiplash after a Car Accident

Can I Sue?

The answer to this question is almost an outright yes. Victims of whiplash injuries can sue after an accident if they prove they were injured during the accident. However, whether your lawsuit is successful will depend on a number of factors, including the evidence and whether you were at fault. Specific state laws apply but the most crucial thing to do is to keep the record of your injuries. Here are some of the factors that you need to rely on:

  • Properly documented injuries. Medical whiplash is an injury affecting soft tissues such as sprains. When you sustain such injuries, it is the duty of your doctor to decide whether to document it as part of the injuries. While you may decide not to file a case to pursue compensation after a car accident, it is recommended to record all the injuries and have the documents on hand.
  • The cost of your treatment. The amount of time you spend outside your work and the lost incomes will be helpful to the court in determining the amount of the award you can get. The cost of the treatment and nursing care tells more about the extent of the injuries and the suffering you went through after the accident.

Proving Negligence

To prove negligence, it is important to raise a claim with the insurance company immediately. Since whiplash injuries are considered injuries due to rear impact, they are often taken as the fault of the other driver, even if you may have caused the accident. The possibility of winning a case or getting reasonable compensation depends on your ability to carefully select an attorney who has a mastery of personal injury law in the state you reside. Many people shy away from pursuing compensation because they believe they were at fault and will not make it. Although it is less likely that you will win the case under such extreme circumstances, it is advisable to sue for damages. You may also need an auto wreck lawyer in Detroit if you get an accident.

 

Resources

#1. https://www.webmd.com/back-pain/neck-strain-whiplash

#2. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/