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Whiplash Symptoms: Should You File a Whiplash Injury Claim?

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By Chris Telden


If you're experiencing symptoms of whiplash or neck pain that resulted from a car accident or work-related injury, you may be wondering if you should file a whiplash injury claim. The best course is to see your doctor and find out the extent of the injuries, and to call a personal injury attorney with experience in whiplash compensation claims who can help you figure out what legal actions you should (or should not) take to get compensation for any losses you incurred due to the neck injury. Here are some tips, as well as information on whiplash symptoms, to think about as you decide whether or not a claim for whiplash is a good idea in your case.

Note: The information in this article is based on my research. I was in a car accident a few years ago and suspected I might have whiplash and investigated whether or not to file a claim. My neck injury was mild and healed on its own in a few days, however. I am neither a doctor nor a physician. Consult a doctor or lawyer with your health or legal related questions about whiplash.


What is Whiplash

Often the result of an abrupt, jarring movement such as that which occurs in a car accident, whiplash is a neck injury that occurs when the head is flung back or forward suddenly, causing strain to the soft tissues of the neck. Whiplash is also also known as a neck sprain or neck strain. According to the National Institute of Neurological Disorders and Stroke, the areas affected may include:

  • neck muscles
  • ligamints
  • discs
  • intervertebral joints
  • nerve roots

Claim for Whiplash

If your whiplash injury is the result of an accident in which someone else was at fault, you may consider filing a claim for whiplash compensation. If the injury was work-related, you may either file a whiplash injury claim or file for worker's compensation, but not do both. Both your doctor or orthopedic specialist and a personal injury attorney who specializes in whiplash injury claims and ideally is "no win no fee," can help you figure out how the law applies to the specifics of your situation.

Whether or not a lawsuit will award you damages, and if so how much, depends on

  • how severe your whiplash injuries are
  • how long the residual effects of the whiplash lasted
  • how your life has been affected by the whiplash
  • where the whiplash took place (both immediately and in the general region--i.e., county, city, state, country)
  • whether or not you're at fault, if only partially, and
  • how easy it is to establish who is at fault

In the case of worker's compensation, sometimes a decision is reached quickly, other times the case must be litigated in court. If you file a whiplash lawsuit, money may be awarded as part of a settlement, or the whiplash case may go to court.

The amount you may be awarded in a neck injury lawsuit depends on the case and the state you live in. Some states put caps on the amounts that can be awarded; others don't. A personal injury lawyer with experience with whiplash and other neck injuries can tell you what the laws are in your state.

When filing a whiplash injury claim lawsuit in the case of car accidents, the types of damages you may receive compensation for include:

  • medical bills
  • lost wages
  • vehicle repair and rental charges
  • permanent injury
  • pain and suffering
  • emotional damages

Note:  As mentioned above, you may want to consider getting a "no win no fee" attorney, who only gets paid if money is awarded.

Symptoms of Whiplash

Symptoms of whiplash may not appear until days after the injury. Neck sprain generally affects the physical neck and head area, with some pain and discomfort in the back and shoulders. In addition there are sometimes emotional or cognitive abnormalities. Some whiplash symptoms include:

  • neck pain
  • neck stiffness
  • headache
  • muscle injury
  • ligamint tears or inflammation
  • dizziness
  • paresthesias (a prickling sensation)
  • shoulder pain
  • back pain
  • memory loss
  • difficulty concentrating
  • irritability
  • sleep problems
  • depression

Whiplash Treatment and Prognosis

Whiplash treatment may include:

  • pain medications
  • NSAIDS (nonsteroidal anti-inflammatory drugs)
  • cervical collar to support the neck (neck brace)
  • physical therapy
  • muscle relaxants
  • application of heat

Most whiplash patients recover from the whiplash injury within a few weeks to a few months. In some cases, however, neck pain or discomfort continues on and can prevent the whiplash victim from working, functioning, or doing the normal activities of the day.

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