Experiencing whiplash is a common occurrence, especially in car accidents. Symptoms may appear immediately or develop in the hours or days after an accident, which can lead some people to initially assume they were not hurt.
If you have suffered a whiplash injury because of another party’s conduct, you may be able to begin a personal injury claim to recover your losses. Learn more about these cases and what types of compensation you may be entitled to.
What Is Whiplash?
Whiplash is a soft tissue injury caused by the fast movement of the head. When the head moves forcefully in this manner, the neck ligaments, muscles, and tendons can overextend, resulting in damage.
Whiplash injuries can range from mild to severe. Some may cause fractures in neck vertebrae, which could affect your spinal cord, while others can cause such severe stiffness and pain that moving your neck could be a challenge.
Rear-end crashes are the most frequent causes of whiplash, but slip and fall accidents and incidents during contact sports can also be to blame. Even some amusement park rides can cause this injury.
What Are Common Symptoms of Whiplash?
Whiplash can affect more than just the neck, and symptoms can vary depending on the severity of the injury. Some symptoms may develop shortly after an accident, while others may not become noticeable until hours or days later.
Common symptoms of whiplash can include:
- Dizziness
- Fatigue
- Tingling or numbness in the arms
- Neck pain
- Neck stiffness
- Pain that gets worse with neck movement
- Reduced range of motion in the neck
- Pain or tenderness in the shoulders, arms, or upper back
- Headaches
Sometimes, people may experience blurred vision, memory problems, and even depression as a result of whiplash.
How Is Whiplash Treated?
The severity of the injury will dictate the treatment you’ll need. One of the first goals is to manage pain. You can rely on over-the-counter medications, along with allowing yourself to rest. Too much bed rest can have a negative effect, however, because it can slow healing. Placing hot or cold pads on the area can help with swelling.
More severe cases could require prescription medications. Muscle relaxants are helpful, as are numbing shots for those who can’t get relief from the pain in any other way.
You may also need to perform certain physical therapy exercises to restore your range of motion so that you can get back to your regular activities.
Most people who experience this injury tend to heal within a few weeks. Some, however, could develop complications and struggle with pain for years. This is more likely to occur if you are older, have had whiplash before, or are in a high-speed crash.
Can You File a Personal Injury Claim for Whiplash?
A whiplash injury can lead to medical expenses, time away from work, and ongoing pain. If someone else caused your injury, you may be able to pursue a personal injury claim for these losses.
To recover compensation, you generally need to establish that the other party was negligent. This typically involves showing:
- Duty of care: The other party owed you a duty to act with reasonable care.
- Breach of duty: The other party failed to meet that duty through their actions or failure to act.
- Causation: The other party’s conduct caused the accident and your whiplash injury.
- Damages: You suffered losses as a result of the injury.
For example, a driver who rear-ends your vehicle while texting may be liable if their negligence caused your whiplash injury. Evidence such as medical records, accident reports, photographs, witness statements, and other documentation may help establish how the accident occurred and connect your injuries to it.
What Compensation Can You Recover for a Whiplash Injury?
A whiplash injury can result in both financial losses and personal hardships. Depending on the circumstances, you may be able to recover economic and non-economic damages.
Economic damages may include:
- Medical expenses
- Future medical care
- Lost wages
- Reduced earning capacity
Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The amount you may recover will depend on the severity of your injury, its impact on your life, and the losses you have experienced.
Contact AJ Law, PLC To Schedule a Free Consultation With a Phoenix Personal Injury Attorney
As simple as filing a claim may seem, it can be a challenge to successfully pursue a claim if you don’t have representation. With an attorney by your side, it can be easier to show that you sustained losses because of the other party’s conduct.
At AJ Law, PLC, our team of attorneys can assist you through the many obstacles that these cases can place in your way. We know how to gather evidence to demonstrate that the other party breached their duty of care, and we know how to calculate your full losses so that you never leave any money on the table.
Because we are fierce negotiators, we can sidestep all of the tactics that insurance companies may try, giving you the highest chance to recover exactly what you deserve. Schedule a free consultation at (602) 671-2363 with one of our Phoenix personal injury lawyers to get started.
