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Proving a whiplash claim

On Behalf of | Jul 23, 2021 | Blog, Personal Injury |

Though whiplash can occur in several ways, a vehicle accident is the most common cause. Statistics show that around 3 million people in Maryland and the rest of the United States get injured from whiplash annually. A driver who has sustained whiplash may seek compensation, but they must prove their case.

Overview of whiplash

Whiplash refers to several types of injuries that damage the neck ligaments, tissues or tendons, also known as soft tissue. Whiplash isn’t an official medical term since most doctors use more specific terms such as cervical acceleration deceleration. An attorney might recommend that their client use the doctor’s preferred terminology on their personal injury claim.

Whiplash occurs from the strong force of the accident jerking the neck back and forth, causing hyperextension. Some common symptoms of whiplash include lower range of motion in neck, neck soreness, headache, dizziness and shoulder pain or soreness.

Proving a whiplash claim

While it is possible to seek compensation, the driver must prove that the other driver owed them a duty of care and breached it. Some whiplash injuries may not show on X-rays, but newer technology enables doctors to detect them easier.

Some drivers do not feel symptoms following the accident, so they delay medical treatment. However, medical treatment is essential not only for health but also for proving the injury. Some of the essential documentation in a personal injury case includes emergency care, hospital records and chiropractic records. If the plaintiff had been employed and now must miss work because of the injury, they need evidence of employment to include in the claim.

Drivers should not delay getting medical treatment even if they don’t seem to be injured. Most states limit the time a driver can seek compensation under statutes of limitation, so they should file a claim as soon as possible.

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