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In the United States, an estimated three million new cases of whiplash occur each year. Whiplash is a trauma-related disorder often caused by a rear-end collision. When it occurs, victims may be able to pursue a whiplash claim to recover compensation.
This guide to whiplash claims will explain what whiplash is, when and how it occurs, and what your rights are if you experience this painful neck injury.
What is Whiplash?
Whiplash is a soft tissue injury affecting the neck. Also referred to as neck strain or neck sprain, whiplash usually occurs as a direct result of sudden extension or flexion that damages the intervertebral joints, discs, ligaments, cervical muscles, and/or nerve roots. There are different grades of whiplash, with Grade 4 being the most severe and Grade 0 the least severe.
Whiplash is a very real medical condition, but the term whiplash is not always used in personal injury claims because it is sometimes associated with exaggerated injuries. Instead, when you make a whiplash claim, you may wish to use more technical names for your injuries such as:
- Cervical sprain or strain
- Neck sprain or strain
- Myofascial injury
- Hyperflexion injury
- Hyperextension injury
Symptoms of Whiplash
Whiplash causes many potential symptoms including:
- Neck pain
- Neck stiffness
- Decreased range of motion
- Shoulder pain
- Back pain
- Headaches
- Dizziness
- Paresthesias (abnormal burning or prickling in the neck)
- Memory loss
- Impaired concentration
- Disturbed sleep
- Nervousness
- Irritability
- Fatigue
- Depression
These symptoms can be acute or chronic. In some cases, your whiplash will have permanent and debilitating effects.
Causes of Whiplash
Whiplash has many potential causes including:
- Motor vehicle accidents
- Sports injuries
- Physical abuse or assault
- Repetitive stress injuries
- Slip and falls
The majority of whiplash cases occur in rear-end accidents, especially those that occur when vehicles are moving at speeds of 14 miles per hour or less.
These injuries can occur when a vehicle is rear-ended and the driver’s body is thrown forward, hyperextending the neck. When rapid deceleration occurs, this can also result in the head being thrown forward and then backwards, causing serious damage. You could also get whiplash injuries because of a faulty airbag deployment.
What to Do After a Whiplash Injury in a Car Accident
Seeking prompt medical treatment is very important after a car accident when you suspect you have whiplash. You will need documentation of the injuries you sustained because whiplash cases can be hard to prove due to the fact it is mostly the soft tissues that are affected.
It’s important to follow all medical advice when you experience whiplash as well. Undergoing physical therapy or other recommended treatment can help demonstrate to an insurance company that your injuries are as severe as you are claiming.
What if Your Whiplash Symptoms Are Delayed?
Whiplash symptoms may not appear immediately after an accident. In fact, it can take several days for symptoms to develop and weeks, months or even years to know how severe and long-lasting the damage will be.
Because of the possibility of delayed symptoms, you should make sure to see a doctor right away for prompt diagnosis and treatment. You should also avoid settling a claim with the insurance company until you have a clear idea of the extent of your damages.
How to Make a Whiplash Claim
You can potentially recover compensation for whiplash through your own insurer if you live in a no-fault state. In no-fault states, you are required to buy Personal Injury Protection (PIP) coverage that pays for medical bills and partial lost wages if you suffer injuries that are not considered severe.
You could also pursue a claim against the insurer of another driver if that motorist caused the accident that resulted in whiplash occurring. You can negotiate an out-of-court settlement with the other driver’s insurer to resolve your whiplash claim. Or you could go to court, prove your case and demonstrate the extent of your losses. If you successfully make your case, the court will order the defendant to pay an appropriate amount of damages.
To pursue a claim against the other driver, you would need to show:
- The other driver had a duty of care towards you
- The other driver was negligent, which means they drove less carefully than a reasonable person would have under the circ*mstances
- The negligence was the direct cause of the collision
- You suffered whiplash due to the crash
An auto accident attorney can help you to make a strong case to maximize your chances of being fully compensated in your whiplash claim.
Compensation for Whiplash Claims
Compensation for whiplash claims should include payment for:
- Medical costs incurred to treat the whiplash as well as for any future treatment you may require
- Lost wages if you cannot work at all due to the whiplash or if your ability to earn money is reduced
- Pain and suffering damages
- Emotional distress damages
You will receive compensation for all of these losses only if you are pursuing a case against the other driver’s insurer. If you collect from your own insurer under your PIP coverage, payment is limited to medical costs and partial lost wages up to policy limits.
What to Do If Your Whiplash Claim Is Denied
If an insurer denies your whiplash claim, you should obtain a written explanation of the reason for the denial.
You can go through the appeals process with the insurer or work with an attorney to explore other options such as filing a civil lawsuit. A denied claim can put your ability to recover compensation at risk but it should not be treated as a final decision. You should always consider getting legal help under these circ*mstances.
Timeline for Making a Whiplash Claim
You do not want to jump into settling a whiplash claim because of the possibility of delayed symptoms. But you also cannot wait too long to take legal action due to the statute of limitations that applies to personal injury cases.
In most states, you have between two and four years to file a civil claim to recover damages after a car accident. If the timeline has run out, you will be unable to pursue a case to collect the funds you need for your injuries.
Should You Hire an Attorney for a Whiplash Claim?
Whiplash claims can be complicated due to the difficulty of proving the severity of your injuries. It is generally a good idea to hire a car accident attorney experienced in handling these types of claims so you can maximize your chances of being fully compensated for all losses.
Frequently Asked Questions (FAQs)
What kind of settlement should I expect from whiplash?
The amount of compensation you should expect for your whiplash claim will vary depending on many factors including the severity and permanence of your injuries. In some cases, claims could be worth millions if the whiplash injuries are lifelong and cause extensive impairment.
What is a Grade 3 Whiplash?
Whiplash disorders are graded on a scale of 0 to 4, with Grade 0 involving no physical signs and Grade 4 typically involving fracture or dislocation of the cervical spine. Grade 3 is a severe grade of whiplash that typically involves neck pain and some neurological symptoms.
How long does it take to settle a whiplash claim?
The length of time it takes to settle a whiplash claim can vary. If an insurer accepts fault immediately and makes a fair offer of compensation, the case can settle quickly. If the insurer denies your claim, it could take months or years to pursue a lawsuit to get the money you deserve.
Even if an insurer offers to pay a lump sum to settle the case, you should not accept a settlement offer until you know the full extent of your injuries and the resulting losses — especially since there is sometimes a delayed onset of severe whiplash symptoms.
