One of the most vulnerable parts of the human body is the neck. The neck contains vital digestive, nervous, and musculoskeletal passageways. Damage to this area can have immediate consequences for the injured victim and, if left untreated, could escalate to more serious issues.
Whiplash is a common injury in car accidents, workplace falls, and slips, and often results in chronic pain. It is commonly referenced in personal injury cases since it can result in numerous legal damages. Let’s discuss the potential severity of whiplash injuries and how they can affect your life.
What is Whiplash?
First, we must define a whiplash injury. Whiplash is associated with the sudden and forceful movement of the neck. A car accident is one of the most common causes of these injuries, especially rear-end collisions.
Since the rest of the body is typically secured by a seatbelt, the core will follow the vehicle’s movement after impact. However, the head and neck will have a delayed movement, which results in a dramatic jerking movement that causes whiplash.
In a rear-end crash, the body is thrust forward with the vehicle when the back of the car is hit, but the head and neck are thrown backward as they remain in the original position. Other vehicle crashes can cause whiplash, including sideswipes, rollovers, and head-to-head collisions. Whiplash is also seen in sports injuries, such as football injuries.
Whiplash Symptoms and Severity of Whiplash
Many whiplash symptoms can cause discomfort or significant health issues for the injured person. Neck pain is the most common result of whiplash and can range from minor soreness to debilitating, ongoing pain. Because of the muscles and spinal cord connections, whiplash can cause neck, shoulder, or upper back stiffness.
Other symptoms of whiplash include headaches, shoulder pain, dizziness, numbness or tingling in the arms, limited range of motion, tiredness, irritability, and sleepiness. In severe cases, neurological symptoms could also occur, such as difficulty with eye movements or blurry vision.
If you experience any whiplash symptoms after a car accident, it is essential to seek medical attention quickly to have whiplash diagnosed. Whiplash symptoms can mimic other conditions, such as a head injury, making an accurate diagnosis crucial. This will ensure you follow an effective treatment plan for your neck injuries and help you recover compensation.
Serious Complications of Whiplash Injuries
Even a severe whiplash injury can heal with time. It is often a soft-tissue neck injury that needs time, rest, and therapy to return to normal. Symptoms like a limited range of motion and muscle weakness usually subside over time. However, severe whiplash injuries can lead to more concerning complications.
Disc herniation could occur, which involves the rupturing or bulging of the soft discs between your vertebrae, resulting in long-term pain. A severe neck injury could also cause nerve damage, especially with the primary nervous system pathway that goes through your cervical spine.
More severe symptoms like vertebral artery dissection can result from whiplash or a neck strain, which is a tear in the lining of the vertebral artery. This tear could cause a stroke, traumatic brain injury, or even death. This is why seeking medical care when you experience symptoms of whiplash is essential to check for these more severe conditions.
Can Whiplash Be Fatal?
In most cases, whiplash is considered a minor injury. Though you may need physical therapy or pain relievers for full recovery, whiplash treatment is typically straightforward. Therefore, death is rarely directly caused by whiplash.
However, whiplash-associated disorders, such as vertebral artery dissection, can be deadly if they are not treated appropriately.
Whiplash, on its own, is unlikely to be fatal, but the complications from the issue could lead to a traumatic brain injury, permanent disability, or serious nerve damage. Even though whiplash deaths are incredibly uncommon, you should still schedule a checkup with a doctor if you experience any symptoms of whiplash.
Difference Between Direct and Indirect Fatality
Death from a whiplash injury could be considered a direct or indirect fatality. A direct fatality means that the whiplash is the actual cause of the death. This could be the cause of broken vertebrae or other serious issues that were the direct result of the whiplash.
A complication from whiplash causes an indirect fatality. For example, if you suffer from a severed vertebral artery because of whiplash, and that disorder leads to a stroke or another severe brain injury that kills you, it would be considered an indirect fatality.
Risk Factors for Serious Complications
Every person may react differently to an auto accident or fall that causes whiplash. The difference between minor neck pain and a complete severing of the vertebrae in the cervical spine depends on numerous factors, such as the impact force, underlying conditions, and the type of treatment implemented.
Here are a few risk factors that could increase your chance of experiencing whiplash complications.
Force of Impact and Severity of Whiplash
The severity of the impact is one of the primary indicators of how whiplash is diagnosed. A minor fender bender at low speeds will usually result in a small case of whiplash, which could be a simple neck sprain and reduced neck movement for a short period.
More severe impacts, such as head-on collisions or rollover accidents, are more likely to cause severe damage to the affected nerves, muscles, ligaments, and bones.
If you are in a car accident that involves strong forces, you are more likely to suffer from health complications because of your whiplash. In minor collisions, seeing a medical professional is still worth seeing in case the impact is strong enough to tear a vital artery.
Pre-Existing Conditions
Some individuals are more prone to severe pain and complications from whiplash due to pre-existing conditions. For example, if the person has atherosclerosis or a connective tissue disorder, they are more likely to experience severe damage from the accident, even if it occurred at lower speeds.
If you have a condition that weakens your bones, this gives you an increased risk of vertebral artery dissection. Osteoporosis or osteoarthritis are two common examples. The weakness of the vertebrae makes them less effective at protecting the lining of the artery, so a minor collision could still damage weakened bones and affect the artery.
Delayed Diagnosis and Treatment
Immediate treatment is crucial after auto accidents. Many whiplash injuries and complications do not manifest immediate symptoms other than neck pain. You could have a tear in your artery that goes undetected for days or weeks if there are no obvious symptoms. The longer you delay getting diagnosed and treated, the more likely you are to suffer from whiplash complications.
Healthcare professionals use multiple strategies to determine if you are at risk for a brain injury or stroke due to whiplash. They will examine you physically and see the sensitive areas around your neck, upper back, and shoulders. If they want to view the inside of your body, they could use X-rays, MRIs, or CT scans to get a more accurate diagnosis.
These tests are critical in identifying the extent of the damage from the auto accident or fall. Once a diagnosis is made, doctors and therapists can treat whiplash injuries to prevent dangerous complications.
Seeking Medical Attention After a Whiplash Injury
No matter how minor your symptoms are, schedule an appointment with your doctor as soon as possible after a motor vehicle accident. A primary care physician is the first line of defense against potential complications. They might recommend an imaging test or specialist who can identify specific damage to your neck muscles.
You should also seek medical attention for legal reasons. If someone else’s negligence causes your whiplash injury symptoms, you could pursue maximum compensation for damages.
However, if you fail to seek medical care immediately after the accident, it will be easier for the defendant and their insurance company to minimize your suffering. Medical appointments and treatments will create a record of the costs you incurred from the accident, strengthening your legal case for financial compensation.
Symptoms that Warrant Immediate Medical Care
Some common symptoms are far more concerning than others. Severe pain is always a strong indicator that your whiplash is severe and must be treated promptly.
Feeling numbness, pain during sudden movements, chronic pain, weakness, or tingling sensations in your limbs could indicate a deeper problem that may lead to a complication. Vision changes, trouble controlling eye movements, and difficulty speaking or breathing are also very concerning.
Whether you experience all the symptoms mentioned above or just one, you must seek medical treatment immediately. Otherwise, you increase the chance of facing a devastating health condition that may alter your lifestyle or risk your life.
Liability in Accidents Causing Whiplash
Your whiplash injury could lead to a personal injury claim. Using this legal process, you can pursue compensation for legal damages if someone else’s negligence caused the accident. The key to winning a personal injury case is establishing liability with evidence.
Liability in auto accidents and other personal injury scenarios is very challenging. Although the burden of proof is lower than in a criminal proceeding, you must still convince a judge or jury that the defendant is at fault for your serious injuries. You must prove four elements to establish liability for your initial injury and the damages.
- Duty of care – The defendant has a legal duty to prevent the plaintiff from injury
- Breach of duty – The defendant failed to uphold the duty of care
- Causation – There is a causal link between the defendant’s actions and the plaintiff’s harm
- Damages – The plaintiff suffered legal losses because of the injury
Compensation for Damages in Whiplash Cases
Whiplash can lead to numerous issues, such as neck stiffness, chronic pain, and even a traumatic brain injury. You may suffer significant legal damages because of the accident, and filing a claim can reward you with a settlement to cover those losses.
Some common legal damages associated with rear-end auto accidents and whiplash injuries include medical bills, physical therapy costs, future medical expenses, emotional distress, pain and suffering, and loss of enjoyment of life.
If there is a fatality, surviving family members can pursue a wrongful death lawsuit. Damages in a wrongful death case may include some of those listed above, plus funeral expenses, loss of financial support, and loss of consortium.
Secure Expert Legal Representation!
A whiplash injury could turn your life upside down if you are suffering from chronic pain, a traumatic brain injury, medical expenses, or emotional distress. You deserve the chance to seek financial compensation if someone else’s negligence caused your suffering.
At Rosenfeld Injury Lawyers, we know what it takes to build a solid case and earn fair compensation for whiplash injury victims.
We will investigate your case, gather evidence to support your claim, assess legal damages, negotiate for a fair settlement, and represent you in court. While you focus on treating your whiplash, our legal team will handle the heavy lifting of your lawsuit.
Call our office today at 888-424-5757 or complete the online form to request a free consultation with a Chicago car accident injury lawyer.