Whiplash injuries, commonly arising from motor vehicle accidents, can cause a host of troubling symptoms such as pain, discomfort, and a limited range of motion that make normal daily activities challenging if not impossible. Some people recover from whiplash rather quickly after a crash, while others can suffer with symptoms for years. There are various traditional and non-traditional treatments available for whiplash, although they are pricey and not always effective for everyone. You may be able to file an accident claim for whiplash injuries to collect compensation for your medical expenses and loss of income. However, proving your case can be difficult due to the stigma associated with whiplash claims. Get help from a whiplash injury lawyer in Dublin, OH.
Call Bressman Law. Our firm has successfully handled numerous whiplash claims for our clients and knows how to meet the challenges of these cases head-on. If you sustained whiplash injuries in an accident, call (614) 538-1116 for a free consultation today.
What are the potential ramifications of a whiplash injury?
Whiplash, sometimes referred to as Whiplash Associated Disorders (WAD) or cervical spine injury, is a soft tissue injury that occurs when an impact thrusts a person’s head or neck in a sudden back-and-forth or side-to-side motion. The injury may involve damage to the muscles, discs, nerves, and/or tendons in the neck.
People often sustain whiplash injuries in rear-end and T-bone accidents, but it can occur in any type of auto crash that jerks the occupant’s upper body or from any sharp jolt to the head.
The good news is, for most people, whiplash heals within a few weeks or months after the accident with no residual harm. For others, however, whiplash can cause pain, stiffness, and discomfort that never fully dissipates.
Those who suffer from long-term whiplash may experience symptoms and complications such as:
- Interference with sleep and constant weariness
- Problems with concentration and memory
- Irritability and moodiness
- Dizziness and blurred vision
- Muscle spasms and pain
- Ringing in the ears
Living with these issues can have a trickle-down effect in a person’s life, disrupting his job, marriage, hobbies, and overall happiness. Patients should talk to their doctor about their symptoms and determine which treatments might be best for them.
Medications, physical therapy, relaxation techniques, acupuncture, chiropractic care, and a neck collar may contribute to a faster recovery. You can also download the Practical management of whiplash handout from the British Columbia Medical Journal, which contains excellent information.
For a free legal consultation with a whiplash injury attorney in Dublin, call (614) 538-1116
Can I collect compensation for my whiplash injuries?
If your whiplash injuries resulted from an accident that another party caused, then there is a good chance that you have the right to file a liability claim and seek reimbursement for your losses. Ohio law provides that injured victims can seek compensation from at-fault parties (defendants) when:
- The defendant owed the victim a duty of care;
- The defendant breached her duty, i.e., acted negligently;
- The defendant’s negligence is what caused the victim’s injury; and
- The victim sustained actual, demonstrable harm.
Being rear-ended would likely meet most of these criteria. In rear-end accidents, fault often defaults to the driver who rear-ended the other, unless there are other extenuating factors involved.
Dublin Whiplash Injury Attorney (614) 538-1116
What are the challenges of whiplash injury claims?
The most challenging part of winning a whiplash injury claim is usually proving that the injury exists. Whiplash injuries affect soft tissues like muscles and tendons, not dense structures like bones, so the damage might not show up on x-rays and other imaging tests. In fact, diagnosis is usually based on observation and the patient’s subjective report of symptoms, which, insurance companies and defense lawyers often say makes the findings questionable.
The fact that whiplash injuries might not appear or worsen until days or weeks after the accident also muddies matters. It makes claimants appear disingenuous when they do not immediately report their injuries.
This is one reason why our firm always recommends getting a medical evaluation after any accident you are in, even if your injuries do not seem serious at first. The doctors may see internal injuries that you are unaware of and having your accident documented on your medical file will protect you legally.
Perhaps the biggest obstacle a whiplash injury victim will face when pursuing her case is overcoming the stigma associated with whiplash claims. Dishonest people who have filed lawsuits for fabricated or exaggerated whiplash in the past, combined with Hollywood dramas featuring bogus lawsuits have made the public and insurers skeptical about whiplash claims.
“For many years, the whiplash-injured individual with persistent symptoms has been viewed by some as an opportunist, a malingerer, or both. Even the originator of the term ‘whiplash’ later joked that a whiplash injury was ‘any strain of the cervical spine that doesn’t resolve until all litigation is concluded’,” noted researchers in a whiplash case study published in the journal Pain Research and Management.
If you are filing a claim for whiplash injuries, make sure you have an attorney help you overcome these issues by thoroughly preparing and proving your case.
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Call Bressman Law to help prove your whiplash injury case.
Whiplash claims may not be easy, but they are certainly winnable when you have a determined attorney representing you that understands the complexities of these types of cases. Claimants suffering with whiplash injuries deserve the same relief as those suffering from more visible injuries. You can seek compensation for losses such as medical bills, alternative therapies, loss of wages, and other associated expenses.
If you were in an accident caused by another party, injury attorney David Bressman can help collect the evidence you need to prove your case. In the meantime, document all your medical appointments and treatments, and keep a journal with daily entries about your symptoms and how they are affecting your life. We can use these items to help support your claim.
Contact Bressman Law today and speak to a whiplash injury lawyer in Dublin, OH: (614) 538-1116.