Whiplash: Causes, Symptoms, and Your Legal Options

Although it might not sound like it, whiplash can be a serious injury that results in medical debt, lost wages, and long-term pain and suffering. Fortunately, depending on how you sustained a whiplash injury, compensation may be possible. Note that North Dakota follows a no-fault auto insurance system, which means that some compensation may initially come from your own insurance. However, a negligence lawsuit may be available if your injuries meet certain statutory thresholds. You can work with a car accident lawyer to go over these options and obtain the compensation you need.

What is whiplash?

Whiplash is a neck injury that occurs when your neck endures a forceful, and rapid, back-and-forth movement that often resembles the cracking of a whip.

Just as an example, if another driver strikes your car from behind, the forces might cause your head to jolt forward and back. That rapid motion can occur at a speed that causes injuries to your neck, and possibly your brain. Such injuries could be considered whiplash.

What are some of the causes of whiplash?

A number of different situations, circumstances, and events can cause whiplash. Some of the common causes of whiplash are as follows:

• Rear-end collisions, and other car accidents.
• Slipping and falling on a hard surface.
• Being shaken in a forceful manner.
• Being punched in the face or head.
• Riding on a very fast roller coaster.
• Being hit with a heavy object.
• Playing high-impact sports and colliding with another person.

What are some of the common symptoms of whiplash?

Some of the common symptoms of whiplash include:

• A persistent pain that worsens when you move your neck.
• Feeling dizzy.
• Pain in your shoulder.
• Feeling tired.
• Difficulty focusing or concentrating.
• Stiff pain in your neck.
• Headaches within the base of your skull.
• Being unable to move your neck without pain.
• Pain in your upper back.
• Pain in your arms.
• Tingling or numbness in your arms.
• Impacts to your memory.

Experiencing any of these symptoms means that you need to see a doctor and determine if you have whiplash or a different type of injury. Be sure to inform your medical provider of these symptoms, and follow their treatment advice. This documentation can strengthen your personal injury claim so that you may be able to recover compensation from those at fault.

How can you obtain compensation for a whiplash injury?

As mentioned, North Dakota’s no-fault auto insurance system means that some compensation may initially come from your own insurance. A negligence lawsuit could still be an option if your injuries meet certain statutory thresholds. If your claim qualifies, then filing a claim for compensation related to whiplash injuries still requires that you and your legal representative build a compelling case by doing the following:

Establish another party’s negligence

To obtain compensation for a whiplash injury, you must establish that another party was at fault. Negligence, in this context, means that a person owed you a duty of care and breached that duty. This breach must have led to your injury and this injury must have created damages.

Just as an example, let’s say that you were hit by a car and this caused you to sustain whiplash. Perhaps the other driver was speeding, texting, or under the influence of drugs or alcohol. That driver would likely be considered in breach of their duty of care. If you can show that their breach caused a crash, and, in turn, led to your whiplash, you may have a strong claim.

Evidence that supports your claim

To successfully build your case, you need evidence to prove the negligence, but also to establish the extent of your damages. Some evidence that might be useful includes:

• Medical records that clarify your diagnosis, the injuries you sustained, and the long-term care you received.
• Pay stubs and wage slips that clarify the wages you lost from work, due to your injury.
• Witness testimony that validates your claims, regarding the cause of your whiplash injury.
• Photographs and videos of the event/condition that led to you sustaining a whiplash injury.
• A symptom journal that clarifies your day-to-day symptoms, as well as their severity.
• Expert testimony from medical professionals who can validate specific medical claims.
• Accident reports/incident reports for that event/condition that led to you sustaining a whiplash injury.

Armed with compelling evidence, your lawyer can start to work toward reaching a successful resolution, in either a settlement or verdict.

Negotiating your claim or going to trial

You, and your lawyer, can file a claim against the party whose negligence led to your injury. This claim will, in most instances, lead to negotiations between you and the other party.

If you and your lawyer successfully negotiate with the other party, your case won’t need to go to trial. Your lawyer can help you clearly state your demands and negotiate for a settlement that adequately covers your losses. Ideally, you and the other party will be able to come to an agreement that satisfies the costs associated with your injury.

On the other hand, if negotiations fail to reach a satisfactory resolution, you may be forced to go to trial. Your lawyer will argue in a courtroom and your ability to recover will be dependent on the outcome of this trial and the jury’s decisions.

Your lawyer can help you understand your options and determine the best course of action. They should be willing to go to trial if they need to because if the defense believes that they can pressure you to back down, they are unlikely to make a strong settlement offer.

Speak with a North Dakota car accident lawyer today

If you sustained a whiplash injury from a car accident, there is a strong chance you are entitled to compensation. Use our contact form to speak with a North Dakota car accident lawyer today. We’re prepared to support you through this challenging time.