Whiplash is one of the injuries sustained by traffic accident victims and is underrated most of the time. This neck injury is present when there is forceful, rapid back-and-forth movement.
While this injury can be traced back to various causes, it is most common in a rear-end car collision. It can happen not only in car accidents but also in sports, violence, or unexpected falls.
When an individual undergoes harm in the Bronx due to an accident caused by another party, justice dictates that the afflicted party should receive just compensation for the damages incurred. Accountability rests with the party at fault; the consequences of their actions necessitate financial amends.
If you or a family member were injured in an accident caused by someone else, you may be eligible for compensation. Contact a whiplash lawyer to receive assistance and increase your chances of winning your case.
Most people with Whiplash feel better in a few weeks by following a treatment plan with pain medicine and exercises. Unfortunately, not all of them have good luck, and they suffer chronic neck pain and long-lasting complications.
Whiplash Symptoms
wherever the reason that caused the neck injury, the symptoms to determine if you are suffering from Whiplash are:
- Neck pain and stiffness
- Worsening pain with neck movement
- Loss of range of motion in the neck
- Headaches, most often starting at the base of the skull.
- Tenderness or pain in the shoulder, upper back, or arms
- Tingling or numbness in the arms
- Fatigue
- Dizziness
Everyone may have different symptoms from a whiplash injury. Some other people may have:
- Blurred vision
- Ringing in the ears (tinnitus)
- Sleep disturbances
- Irritability
- Difficulty concentrating
- Memory problems
- Depression
Receiving a prompt and accurate diagnosis is extremely important. By doing that, we ensure the avoidance of any other complications.
When to consider legal action
We all know that sports-related injuries are not subject to legal action because there aren't grounds for a lawsuit. Nevertheless, it is different when the damage is due to a car or construction site accident.
The nature of these other accidents makes us think that there may have been more than two involved parties who may be liable, not necessarily that you injured yourself or performed an activity that you know has a huge potential to hurt you.
For instance, when there is a rear-end car accident, you will most likely get this injury. If you get hurt, your insurance will pay up to a certain amount for your medical expenses.
Afterward, the person responsible for the accident is usually asked to pay the remaining costs. This is when their insurance company may object. Certainly, demonstrating the presence of neck pain or a whiplash injury is undeniably challenging.
Whiplash symptoms, such as neck pain, headaches, and stiffness, are subjective and can vary significantly from person to person. This subjectivity makes it difficult to objectively measure and diagnose the injury, relying heavily on the individual's self-reporting.
Unlike other injuries that can be confirmed through imaging tests like X-rays or MRIs, whiplash injuries often don't appear on these tests. This absence of visible physical evidence can make it challenging to establish the presence and extent of the damage.
Proving negligence in whiplash cases requires a mix of expertise, negotiation, and complete knowledge of the law.
In New York City, there is something called the Statute of Limitations. This statute indicates when an injury victim can file a claim or a lawsuit for a personal injury.
It is known that there is a maximum time of 3 years since the car accident took place that a victim can file a claim against the at-fault party. However, there are some exceptions to the rule.
When the victim is under 18, the time limit for legal action does not start until they reach 18.
The process is a bit different when the plaintiff is a government entity. They need to fill out a notification within 90 days of the accident.
There are other exemptions depending on the nature of the accident. That is why we always encourage people to seek legal help to act quickly and avoid losing compensation.
Treatment and Medical Considerations
It is difficult for a doctor to predict how each person may recover from Whiplash. When the injured person experiences intense first symptoms, they will most likely have chronic pain.
If the first symptoms include:
- Severe neck pain
- More-limited range of motion
- Pain that spread to the arms
may develop chronic pain and not heal as others.
Certain factors have been linked to poorer outcomes. These factors include previous Whiplash, old age, high-speed injury, and pre-existing back or neck pain.
Treating a whiplash injury typically involves a combination of medical interventions and self-care measures to reduce pain, improve mobility, and promote healing.
Remember that the severity of the injury can vary, so treatment plans might differ from person to person. Always consult a healthcare professional for personalized advice.
Here are some common medical treatments for whiplash injuries:
Pain Management:
Over-the-counter pain relievers like acetaminophen or non-steroidal anti-inflammatory drugs (NSAIDs) can help manage pain and reduce inflammation.
Prescription pain medications might be recommended for more severe pain.
Physical Therapy:
Physical therapists can design a customized exercise program to improve neck strength, flexibility, and range of motion.
Manual therapy techniques, such as massage and gentle stretching, can help alleviate muscle tension and improve blood circulation.
Heat and Cold Therapy:
Applying ice packs in the initial days after the injury can help reduce swelling and numb pain.
After the acute phase, using heat packs can help relax muscles and improve blood flow.
Neck Collar or Brace:
A soft neck brace may be suggested temporarily to support and restrict neck movement after the injury. However, prolonged use is generally discouraged to avoid muscle weakening.
Activity Modification:
Resting the neck and avoiding activities that exacerbate pain can promote healing.
Gradual return to normal activities as pain improves is recommended.
Posture Correction:
Maintaining good posture while sitting, standing, and sleeping can help prevent further strain on the neck muscles.
Stretching and Strengthening Exercises:
Gentle neck exercises prescribed by a physical therapist can help prevent stiffness and improve muscle strength.
Modalities:
Healthcare professionals might use ultrasound, electrical stimulation, or laser therapy techniques to alleviate pain and promote healing.
Injections:
In some cases, corticosteroid injections may reduce inflammation and relieve short-term pain.
Alternative Therapies:
Some individuals find relief through complementary therapies like acupuncture or chiropractic care. Consult with a healthcare provider before trying these therapies.
Counseling and Support:
If chronic pain or emotional distress becomes an issue, counseling or support groups can provide psychological support.
Remember that the treatment plan should be tailored to your condition and needs. It is essential to follow medical advice and gradually resume normal activities as your symptoms improve.
Consult a healthcare professional for further evaluation if you're experiencing persistent or worsening symptoms.
Compensation and Damages
In the Bronx, NY, drivers must have car insurance. If there's an accident, they will receive insurance (PIP) money for their expenses.
Usually, this coverage isn't sufficient, so the victim may need to file a claim with the responsible insurance company. They'll investigate and provide compensation but try to minimize the amount given.
A car accident injury lawyer for Whiplash will fight against these insurers who often want lowball victims instead of providing full coverage.
Usually, the responsible party must compensate a car accident-injured victim for medical expenses, medication prescriptions, treatment, and medical care. If there are serious injuries, a victim backed up by an experienced whiplash injury lawyer can ask for noneconomic damages such as pain and suffering, loss of enjoyment of life, and depression, among other injuries.
Contact a Bronx Whiplash Car Accident Lawyer
The Ward Law Group proudly serves the Hispanic community since 2012. Our primary focus is to provide high-quality representation to those in need who are being treated incorrectly.
Many immigrants are unaware of their rights as they believe they are not eligible for them. We offer support and aim to educate them, preventing others from exploiting them.
If you or a loved one have suffered injuries, including a whiplash injury due to a traffic accident, you should contact one of our experienced and respected whiplash lawyers. Access a free consultation of your case at 855-DOLOR-55, and your questions will be answered immediately.