What Is Whiplash? Symptoms, Causes, and Liability

Whiplash is a type of neck strain caused by sudden force of movement. It occurs when your head moves forward and then snaps back quickly, such as when you experience the forceful impact of a car accident. Whiplash can damage several parts of your neck, including your spine, muscles, nerves, and ligaments. Even though this condition is treatable and usually a short-term problem, some people develop chronic pain due to severe whiplash.  

Whiplash is most commonly caused by car accidents. Understanding how to treat whiplash is important for preventing long-term pain and restoring your health after a wreck. Here’s what you need to know. 

Whiplash Injury Symptoms

Whiplash symptoms differ from one person to the next, especially because the severity of the condition also varies. However, most patients report a few common symptoms if they experience whiplash. These may include: 

  • Neck pain and stiffness;
  • Headaches, usually located at the base of the skull;
  • Neck pain that gets worse with movement;
  • Fatigue;
  • Dizziness;
  • Numbness or tingling in the arms;
  • Blurred vision; 
  • Trouble focusing or sleeping; 
  • Irritability or depression; 
  • Memory problems.

These symptoms may not appear immediately after an accident. Instead, they may develop in the weeks or days following a crash. These symptoms can also worsen over time if left untreated. For example, the numbness or tingling in your hands is often caused by spinal disc and nerve damage in your neck. If the spinal disc continues to break down or get pushed out of place, your discomfort may intensify. 

Causes of Whiplash

Whiplash is often associated with car accidents, but there are multiple different causes of this condition. Whiplash can develop because of any sudden whipping back of the neck, which means you don’t need to get behind the wheel to experience neck strain. People develop whiplash when they are on old amusement park rides, play contact sports, or experience physical abuse. Even a bad fall can cause your neck to snap unexpectedly.  

Whiplash is the most common cervical spine injury resulting from car accidents. Researchers estimate that there are 869,000 traffic crash-related cervical spine injuries reported in hospitals annually. Of that, 841,000 are whiplash injuries, accounting for 97% of diagnoses. Researchers also believe the prevalence of whiplash is underreported, both by hospitals that don’t correlate them with car accidents and by patients who don’t seek medical help. 

Steps To Take After Experiencing Whiplash

The hours after a crash can be confusing and emotionally overwhelming. It is hard to process exactly what happened and the magnitude of the accident. Follow these steps to mitigate the symptoms of whiplash and properly document what occurred. 

Determining liability can be challenging in whiplash cases. Following this process can help you protect your rights. 

Seek Medical Attention

Immediately seek medical attention after a car accident. Whiplash can take several hours to become evident, meaning you might not experience any symptoms immediately after a crash. Your adrenaline — your body’s stress response — could also prevent you from noticing symptoms in the wake of an accident.

Take Photos of Injuries or Damage

Do not wait to start the documentation process. Take photos of the crash, the accident scene, and any injuries you have. You can also film videos of the damage and talk about any pain you feel. Videos can demonstrate a limited range of motion in your neck or body because of the crash.   

Don’t rely solely on your memory after an accident. Even the clearest memories fade and details can get fuzzy. Photos, videos, and written records will last. 

Keep a Record of Symptoms

Continue documenting how you feel each day following the crash. Not only will documentation help you keep track of your symptoms and identify where the pain is getting worse, but you can also use it in legal proceedings. Daily journal entries or video recordings help create a trail that documents your recovery. 

Determining Liability in Whiplash Cases

The reality is that both the driver at fault and the victim (whether they are a pedestrian, cyclist, passenger, or another driver) can experience whiplash after an accident. Both parties experience sudden neck trauma and need to seek medical attention. In the wake of a car accident, medical professionals will stabilize everyone involved in the crash while the police and insurance companies determine who is at fault.  

Proving liability, also known as determining fault in a crash, isn’t always an easy process. Not all accidents present a clear picture of who was driving recklessly or acting negligently. Various parties may gather evidence and analyze documents to understand exactly what happened in a crash. This includes taking witness statements, reviewing photos or videos, and studying medical records.

The laws to prove liability can vary from one state to the next. In Oregon, you will need to file a report with the DMV or potentially risk suspension of your driver’s license. 

One of the best ways to navigate the wake of a crash with confidence is to learn about the laws in your area so you can protect yourself and your rights. 

Protecting Your Rights After Sustaining Whiplash

It’s almost impossible to prevent whiplash because you never know when an accident may occur. However, you can take steps to protect yourself and your rights if you experience neck pain. 

  • Immediately seek medical attention: Not only can doctors treat your neck pain, but they will document the issue. They may order imaging tests to identify any trauma in your neck. These medical documents could be reviewed in your future case. 
  • Contact your insurance company: File a claim with your insurance company and alert them to your injuries. Start communicating with your insurance provider as soon as you are stable following medical treatment. 
  • Rest and recover: Once your neck is stable, give it time to heal. Follow your doctor’s recommendations so the pain doesn’t worsen over time. Continue documenting your symptoms and how they change. 
  • Speak with an experienced personal injury attorney: You don’t have to be a legal expert when you have representation you trust. Your attorney can also negotiate with insurance companies on your behalf.  

A qualified attorney can protect your rights while helping you seek fair compensation for your medical expenses. They can handle wrongful death, lost wages, and pain and suffering suits with confidence. You already suffered in your crash. You shouldn’t also take on an unfair financial burden because of someone else’s mistakes.  

If you were recently in an accident and experienced whiplash, make sure you are covered. You may deserve more compensation than you realize, either from the negligent party or your employer. This also applies to remote employees who deserve compensation and are more likely to experience workers’ comp retaliation. Reach out today and tell us about your case. 

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