What is Considered a Whiplash Injury

What is Considered a Whiplash Injury

whiplash

Whiplash is a neck injury occurring from the neck being jolted or “whipped” from one direction to another that overstretches the surrounding muscles and tendons.

The most frequent cause of whiplash is an automobile accident.  Other causes include amusement park rides, a fall, and sports- or work-related injuries.  If you experience neck pain following any of these events, you should immediately consult a physician.

SYMPTOMS

Symptoms include soreness and/or stiffness in the neck, shoulders, upper arms, and chest; nausea; dizziness; and/or fatigue.  The symptoms may impact daily activities, such as work, exercise, and socializing.

LONG-TERM EFFECTS

Whiplash pain may manifest immediately or several days following an accident.  Symptoms may last for years.  Some patients suffer herniated and/or fractured discs, and/or fractured or dislocated vertebrae.

Whiplash Risk Factors

Your Newport Beach car accident attorney will tell you that you may have suffered this injury Newport Beach car accident attorneywhen you were involved in a rear-end collision. These injuries often occur when your tissues rapidly stretch. Below, read about other factors that might put your health at greater risk.

 

LAWSUIT CLAIMS – “CAUSES OF ACTION”

The law requires drivers and others in unique positions to conduct themselves in a manner that does not expose others to injury.  When someone fails to meet that responsibility, that party has breached a legal duty.  When that breach results in harm to another, that party’s conduct is the cause of injury, and the injured party has incurred legal damage.  These elements give rise to a claim of Negligence.

Bringing the appropriate claims, or “causes of action,” determines the legal remedies to which you are entitled.  For example, if you suffered emotional distress in addition to whiplash, our Newport Beach car accident lawyers would allege or “plead” Negligent Infliction of Emotional Distress in addition to Negligence. Even the activity in which the party was engaged when the accident occurred, e.g. if the driver was under the influence of a prohibited substance, is crucial to pleading the proper causes of action.

Including the proper defendants also affects your case’s outcome.  For example, where a party was acting in the course of business when the accident occurred, our Newport Beach car accident attorneys would include the employee and employer in the lawsuit, which is known as “vicarious liability.”  If your injury resulted from falling on another’s property, that, too, determines who are the proper defendants.

These legal considerations will affect the compensation to which you are entitled, such as present and future medical bills, lost income, and possibly punitive damages (to punish the offending party).

WHAT IF YOU’RE AT FAULT – CAN YOU RECOVER FOR YOUR INJURIES?

The State of California is a “comparative negligence” state, meaning that even if a plaintiff contributed to his/her own resulting injury, the plaintiff may still bring suit and be entitled to compensation.

CONSULTING A PERSONAL INJURY ATTORNEY

Following an incident resulting in whiplash, you should consult a personal injury attorney to explore your legal rights.  Whether you are a plaintiff or a defendant, allow one of our experienced Newport Beach car accident lawyers to guide you through California’s complex legal system.  California has specific deadlines within which a party may sue for personal injuries.  Our Newport Beach car accident attorneys will ensure you meet this deadline called the “statute of limitations.”  Your energy should be directed at healing and regaining your life; let your advocate protect your legal interests.

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