Whiplash is a frequent result of motor vehicle accidents. It typically occurs when a person in a stationary vehicle is struck from behind by another car.
Fortunately, it isn’t a life-threatening condition, and most people recover reasonably fast without any long-term or chronic symptoms. However, it may lead to an extended period of disability.
Many people believe that this type of injury isn’t a real physiologic condition due to a wide variation in symptoms. Instead, they insist that it’s manufactured by bad actors for possible financial gain. Although there will always be those who attempt to game the system for personal advantage, whiplash is a real condition with genuine symptoms.
Nature of Whiplash Injuries
In most whiplash cases, the full extent of a patient’s physical damages isn’t readily apparent immediately following an accident. Injuries, most notably to the soft tissue in the cervical (neck) region, take time to settle in.
Whiplash occurs when an impact forces the victim’s neck and head into a hyperextended (backward) position as the seat pushes the torso forward. Following a short delay, the neck and head recover and get immediately thrown into a forward position. This sudden movement can damage the neck’s ligaments and muscles, leading to spinal cord injuries.
The full extent of the incurred trauma often takes up to a week to be recognized by both patients and legal professionals. In more severe cases, whiplash injuries may pose prolonged and immediate medical issues for victims.
The cervical region is vital to a person’s mobility and physical comfort. Any considerable alteration or damage to this region may cause potential lifelong complications that alter the victim’s physical ability and pain-free life.
Like other soft tissue injuries, whiplash doesn’t show up on x-rays or other diagnostic tools. That is one element that makes these cases particularly hard to document in medical records. Which, in turn, complicates the claims process even further.
Claiming Compensation for Whiplash Injury
Whiplash settlements aren’t limited to the injury itself. You may also be entitled to claim additional compensation for lost wages and treatment costs over and above the pain and suffering.
If you were diagnosed with whiplash-associated disorder (WAD) variety one or two, you’re entitled to pursue a settlement. However, the amount you can request in Alberta was limited to just over $5,202 in 2019.
Maximizing Claims for Whiplash Injury
If you’re pursuing a settlement for damages incurred from whiplash during a car accident in Alberta, you should follow these steps:
- Seek medical attention
- Collect all relevant documentation
- Speak with insurance companies
- Follow through with any treatment plans
- Obtain proof of lost wages
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Risks factors, settlement guidelines, and time limits for filing your claim
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Potential risk factors for prolonged recovery following a whiplash injury
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- Gender
- Age
- Type of collision
- Worker’s compensation
- Prior neck disability
- Getting immediate medical attention
- Attending a chiropractor or physiotherapist
- Consulting a lawyer
- Total cost
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Whiplash settlement guidelines
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- Mild to moderate cases of whiplash may result in claims between $2,500 and $10,000
- More severe whiplash cases may result in claims of up to $30,000
- Seeking a pain and suffering settlement may increase the overall value of your claim
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Time limits on filing your whiplash injury claim
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- Whiplash claims typically have to be filed within three years of your accident
- Should you be under the age of 18 at the time of the accident, you have until the day you turn 21 to file a claim
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Find a dedicated team of personal injury lawyers to work on your whiplash injury case in Alberta. Contact Diamond & Diamond Law for your free, no-risk case evaluation.
