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 finds its most common origin in rear-end car collisions. However, its emergence isn't limited solely to vehicular accidents; it can also materialize from sports-related incidents, acts of violence, or even unexpected tumbles and falls.
In circumstances where an individual undergoes harm in the Bronx, NY, due to an accident caused by another party, justice dictates that the afflicted party should receive just compensation for the array of damages incurred. Accountability rests with the party at fault; the consequences of their actions necessitate financial amends.
If you or a family member has suffered a whiplash injury due to an accident caused by a third party, you may be entitled to receive compensation; call a whiplash lawyer to back you up and help you win your claim.
Many people with whiplash symptoms get better within a few weeks if they follow a treatment plan that often involves pain medication and exercises. Unfortunately, not all of them have good luck, and they suffer chronic neck pain and long-lasting complications.
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
We have to take into account also that every person may develop less or more symptoms due to a whiplash injury. Some other people may have:
- Blurred vision
- Ringing in the ears (tinnitus)
- Sleep disturbances
- Difficulty concentrating
- Memory problems
Receiving a prompt and accurate diagnosis is extremely important. By doing that, we ensure to avoid 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 that may be liable and 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, it's most likely that you may get this injury. Unfortunately, more injuries might require attention, and when you present the claim with your insurance, they have to cover up to a specific limit.
After that, there is usually a claim to the at-fault party to cover the rest of the damages, and here's when the insurance company of the at-fault party will present some resistance. 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. Therefore, your best move is to hire a whiplash injury lawyer.
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.
For instance, when the victim is a minor, the applicable statute of limitations period does not begin until the minor turns 18.
Another example is when the plaintiff is a government entity; in those cases, the steps are slightly different, and a notification must be filled out in the first 90 days after the accident.
Depending on the nature of the accident, there are other exemptions. That is why we always encourage people to seek legal help to act quickly and avoid losing their 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.
Some factors have been linked to worse outcomes, like having had whiplash before, if the person is an old adult, if it was a high-speed injury, or if the patient had existing low back or neck pain.
The treatment for 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 injury's severity can vary, so that treatment plans might differ from person to person. Always consult a healthcare professional for personalized advice.
Here are some common treatments for whiplash injuries:
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 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 cervical collar might be recommended briefly to provide support and limit neck movement during the acute phase of the injury. However, prolonged use is generally discouraged to avoid muscle weakening.
Resting the neck and avoiding activities that exacerbate pain can promote healing.
Gradual return to normal activities as pain improves is recommended.
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.
Healthcare professionals might use ultrasound, electrical stimulation, or laser therapy techniques to alleviate pain and promote healing.
In some cases, corticosteroid injections may reduce inflammation and relieve short-term pain.
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. Following medical advice and gradually resuming normal activities as your symptoms improve is essential.
Consult a healthcare professional for further evaluation if you're experiencing persistent or worsening symptoms.
Compensation and Damages
Generally, when there is an accident in the Bronx, NY, as any driver is legally required to bear their car insurance, the first compensation they will receive to pay for their expenses is their Insurance Protection (PIP).
Most of the time, this coverage is not enough, and then the victim can file a claim with the at-fault insurance company; they will start an investigation to give compensation, but they will do whatever they can to reduce the amount.
A whiplash car accident lawyer will fight against these insurers who often want lowball victims instead of providing full coverage.
Usually, a car accident-injured victim is entitled to compensation for medical expenses, medication prescriptions, treatment, and rehabilitation. If there are serious injuries, a victim backed up with an experienced whiplash lawyer can ask for noneconomic damages such as pain and suffering, loss of enjoyment of life, and depression, among other injuries.
Choosing a Bronx Whiplash Car Accident Lawyer
The Ward Law Group P.L. 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.
Most immigrants don't know their rights because they think they are not entitled to them, but we provide the advocacy they need and strive to educate them to avoid letting other people take advantage of 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.