If you’ve watched any television or movies in the past 30 years, you’ve probably seen someone get into an accident, usually a car accident, and end up in an oversized neck collar, complaining of “whiplash.” These days, the word “whiplash” is no longer frequently used; instead, more descriptive terms such as “cervical strained muscle” or “neck injury” often get used when these kinds of injuries occur. 

If you are a victim of a motor vehicle accident and think you have this kind of injury, a doctor will be the best person to determine what type of injury you have suffered and how to treat it. Then, if you decide to file a civil action as a result of the crash, you must have medical evidence to back up the claim. Even in the best possible scenarios, insurance adjusters view whiplash-type accident claims with skepticism.

What is a Whiplash Injury?

Whiplash is a term used to describe the types of trauma or damage to soft tissue that may occur due to a sudden back-and-forth range of motion of the spine, which often occurs in auto crashes. Also known as ADS (acceleration-deceleration syndrome), it can result in torn ligaments, muscles, and tendons. It can also disrupt the discs in your back and into your neck, and it’s linked to headaches, dizziness, and sleeplessness. 

Whiplash is most often caused by forward and backward movement, but a sideways effect can also cause it. 

The full spectrum of symptoms can take days or weeks to manifest. Whiplash injuries are rarely severe enough to necessitate surgery. Even so, physical therapy, acupuncture, and occupational therapy are often used to alleviate discomfort and enhance function.

Common whiplash symptoms can include:

• Neck stiffness
• Difficulty moving the head
• Neck pain
• Muscle numbness, pain, or spasms in the arms and shoulders
• Headaches
• Jaw pain
• Low back pain
• Ringing in ears
• Dizziness
• Fatigue

What are the Possible Claims for a Whiplash Injury in Alberta?

If you have a whiplash injury, you should consult with a whiplash injury lawyer who can act on a contingency basis to submit your claim against the negligent parties. In this way, you will pay the attorney a fee only if the lawsuit is successful. If the whiplash injury lawyer loses your case, the legal costs are not charged.

Several factors determine the value of a whiplash injury settlement, including the seriousness of your injuries and the approximate duration of your recovery. Compensation for whiplash injuries is divided into several sections by whiplash injury attorneys:

• General Damages — compensation for anything that can’t be accurately measured and is determined by the Court’s judgment. The key to these damages is “pain and suffering,” which is determined after studying medical records.
• Special Damages — compensation for things that a court can reliably quantify, such as missed wages, medical costs, and personal property loss. In most cases, receipts are required to show these losses; without receipts, calculations of losses can also be produced and checked using other supporting documentation.
• Punitive Damages — based on a court’s evaluation to discipline the wrongdoer. These could be recoverable if the claimant were injured or incurred damages due to willful wrongdoing or complete and reckless, irresponsible disregard for the risk of injury or harm to others.

Future losses could include expected wage losses over time and the subsequent costs for treatment or medical services. These expenses can be complicated to calculate, and a specific formula is given to the total annual loss to help determine a reasonable compensation figure.

Causes and Complications of Whiplash Injury

Whiplash is commonly caused in car accidents by a vehicle being struck from behind. Hyperextension occurs when the head is pulled or thrown back through force, and flexing occurs when the head is forced forward. These are the clinical terms for the primary phases of whiplash. Another common cause of whiplash injuries is slip and fall accidents. 

Whiplash can cause a variety of problems, according to Johns Hopkins Medicine, including:

• Pain and numbness in arms, shoulders, and hands
• Dizziness
• Ringing ears
• Concentration and memory problems

While many victims of whiplash recover from their symptoms within several weeks or even months, several victims, especially those with spinal cord injuries, suffer from severe pain and headaches long-term.

Pro Tip

“Don’t underestimate whiplash injuries. Talk to an Alberta personal injury lawyer from Diamond & Diamond Law today.”

Treatment for Whiplash

Treatment for whiplash has evolved in recent years. Although using cervical collars was once recommended, the current recommendation is to promote early mobilization with the aid of a soft collar only on occasion and for a limited period. Pressure on the nerves is caused by tissue swelling, which induces muscle spasms, resulting in pain and stiffness.

The use of ice to relieve swelling and pressure on the nerves, accompanied by gentle, vigorous activity, is recommended for the first 24 hours. Walking and aerobic or isometric exercises and an early return to work are often recommended by health care practitioners.

Additional whiplash treatments may include:

• Using soft cervical collars to immobilize the neck
• Physiotherapy to treat muscle spasms, improve circulation, and speed up the healing process
• Pressure relievers, anti-inflammatory medications, or muscle relaxants 
• Traction on the cervical spine
• Moist heat, ultrasound, electrical stimulation, ice, and exercise
• Surgery, such as the removal of broken intervertebral discs or a spinal fusion 
• Injections into trigger points

Liability for Whiplash Injury in Alberta

To be eligible for compensation, you have to show that another person’s negligence caused the accident. Parties that could be held liable include a proprietor of a company, a residence, or a piece of real estate.  

In those scenarios, a lawyer from our firm will be able to assist you in lodging a liability lawsuit. Negligent premises conditions, like ripped carpeting, defective floorboards, or insufficient ice and snow removal, may all demonstrate negligence in slipping and falling cases. If a lack of safety caused the accident, evidence might include the owner of the property’s failure to protect their property.

If a car crash triggered the whiplash, another driver could be liable for your losses. Reckless driving, driving when drowsy, distracted driving, speeding, driving under the influence, and tailgating are all examples of negligent driving. All persons that may be held responsible in a vehicle accident case include the manufacturer of the vehicle or vehicle parts and the owner of the road where the accident occurred. 

These aren’t the only parties that might be held responsible or cases of negligence. Every situation is unique. You should never talk to an insurance adjuster without your whiplash injury lawyer present.

Whatever caused your whiplash injuries, your lawyer will try to show that it’s not any fault of yours by presenting the following evidence:

• Medical records
• Eyewitness statements
• Police and accident reports
• Expert testimonies
• Videos, surveillance footage, and photographs

Why Hiring a Whiplash Injury Lawyer Should be Your Priority

Recovering from whiplash injuries can require a lot of time and take a toll on your finances. Hiring a whiplash injury lawyer can ensure that you get maximum compensation, and you won’t experience the hassle of dealing with your whiplash claim.

Get in touch with Diamond and Diamond today. Call 1-800-567-HURT for a FREE case evaluation.