Whiplash Injury, Neck and Back Injuries
Onset and Severity of Injuries
Back and neck injuries are by far the most common in an auto accident. When another vehicle impacts with yours, the force of the collision transfers directly into your body. Because an impact causes a sudden jolt, many victims of car accidents experience “whiplash”-the jerking back and forth of the head which pulls on the vertebrae. The amount of force your body experiences is greatly influenced by the speed of the vehicles involved and how the accident occurs. More severe symptoms include numbness or tingling in your hands or feet, diminished range of motion, feeling intense heat, and fatigue.
Delayed Physiological Response
It is very common for victims of car accidents to start getting worse instead of better after an accident. A couple days following your accident, your injuries may start to inflame, which causes more pain. It is very important to seek prompt medical treatment to help deal with these worsening symptoms. If you don’t seek medical attention for your traumatic injury, you could be dealing with the effects of the accident for years to come. Chiropractic doctors are especially trained to diagnose and alleviate traumatic back and neck injuries.
Working with Doctors
One of the things our law office can do for you is help you get the medical treatment you need for your personal injury without having to pay for anything directly. We often negotiate with doctors to be paid out of the settlement that we get from the insurance company, so you can get the care that you need without having to worry about paying bills. We have a close working relationship with many local doctors, and this allows us to get you the best possible treatment and results. Another service that we often employ is negotiating with your medical providers to reduce their bills-which is money in your pocket.
Protect Your Rights
As your legal counsel, it is our responsibility at the Law Offices of David Kohm to advise you on the best course of action to get what you rightfully deserve. Seeking prompt medical attention further protects your rights after an accident since it helps substantiate with objective evidence what you are experiencing. If you wait too long, you may not be able to get the medical treatment you need and the compensation you deserve. Contact David S. Kohm & Associates for a free consultation.
Frequently Asked Questions About Whiplash Personal Injury Cases
What are the most common causes of neck and back injuries in personal injury cases?
Neck and back injuries are some of the most common types of injuries in personal injury cases, often leading to significant physical, emotional, and financial challenges. These injuries can occur in various circumstances, but car accidents are by far the most frequent cause. In a collision, the force of impact can cause whiplash or other spinal injuries, leading to damage to the neck, back, or surrounding muscles and ligaments. The sudden jerking motion of the body during a crash can result in strains, sprains, herniated discs, or even fractures, depending on the severity of the accident.
Slip and fall accidents are another major cause of neck and back injuries. When a person falls, especially from a height or in a slip on a hard surface, the impact can cause significant damage to the spine and surrounding tissues. Common injuries from falls include herniated discs, sprains, and spinal cord injuries, all of which may lead to chronic pain or long-term disability if not properly treated.
Workplace accidents, particularly those involving heavy lifting, repetitive motions, or improper ergonomics, can also contribute to neck and back injuries. Workers in physically demanding jobs are at a higher risk of developing these types of injuries, which may range from muscle strains to more serious spinal injuries. Additionally, workplace accidents that involve machinery or falls from heights can result in severe neck and back trauma.
Sports-related injuries, such as those from contact sports or accidents during recreational activities, are also common causes of neck and back injuries. In these cases, high-impact collisions or improper techniques can lead to sprains, strains, and even fractures of the spine. Whether from an organized sporting event or a casual game, these injuries can result in significant long-term pain and discomfort.
In all of these cases, the severity of neck and back injuries can vary greatly, with some individuals experiencing temporary discomfort while others may face lifelong consequences. It’s crucial for those who suffer these types of injuries to seek immediate medical care and legal counsel to ensure that their rights are protected and they receive the compensation they deserve.
How do I know if I have a serious neck or back injury?
Determining whether you have a serious neck or back injury can sometimes be challenging, especially if symptoms don’t immediately appear after an accident. However, certain signs and symptoms can help you recognize whether your injury might be more severe. If you experience persistent pain, stiffness, or discomfort in your neck or back that doesn’t improve after a few days, this could be a warning sign that the injury is more serious. While minor strains and sprains often improve with rest, a serious injury may continue to worsen or cause ongoing discomfort.
One of the most concerning symptoms to watch for is numbness or tingling in your arms, legs, or other parts of your body. This could indicate nerve damage, such as a herniated disc or spinal cord injury, which requires immediate medical attention. Radiating pain—pain that travels from your neck down to your arms, or from your back to your legs—can also be a red flag for nerve compression or a disc injury. If you experience any of these symptoms, it’s crucial to see a doctor as soon as possible.
In addition to pain and numbness, difficulty moving or bending your neck or back can signal a more serious injury. If you find it difficult to maintain a normal range of motion or experience weakness in your muscles, these could be signs of a more severe condition such as a herniated disc, a fractured vertebra, or spinal cord damage. Difficulty standing or walking, particularly if accompanied by dizziness or loss of coordination, is another serious symptom that should never be ignored, as it could indicate spinal cord involvement.
If you experience any of these symptoms after an accident, it’s important not to wait to seek medical treatment. Even if your pain seems minor at first, it’s always safer to get a professional evaluation, as some injuries can worsen over time. Early diagnosis and treatment can help prevent further damage and improve your chances for a full recovery.
What should I do if I’ve been injured in a car accident and have neck or back pain?
If you’ve been injured in a car accident and are experiencing neck or back pain, it’s important to take immediate steps to protect your health and your legal rights. The first thing you should do is seek medical attention, even if your pain seems minor at first. Neck and back injuries, such as whiplash or soft tissue strains, may not present serious symptoms right away but can worsen over time. A doctor can assess your condition, provide necessary treatments, and document your injuries, which will be important for both your recovery and your personal injury claim.
Once you’ve seen a doctor, it’s crucial to follow all medical instructions and attend follow-up appointments as needed. Consistent care is not only necessary for your physical healing but also helps create a record of your injuries and treatments. This medical documentation will be key in proving the severity of your injury when pursuing compensation from the at-fault party or their insurance company.
Next, you should contact a personal injury lawyer who specializes in neck and back injuries. A lawyer can help you understand your legal options and ensure that your rights are protected throughout the claims process. They will also assist with gathering evidence, such as accident reports, witness statements, and medical records, to build a strong case on your behalf. If the accident was caused by another driver’s negligence, your lawyer can help you pursue compensation for your medical bills, lost wages, pain and suffering, and any future treatment that may be necessary.
Finally, it’s important to avoid settling with an insurance company too quickly. Insurance adjusters may offer you a quick settlement that seems appealing, but it might not account for the full extent of your injury and future expenses. An experienced attorney can negotiate with the insurance company to ensure you receive fair compensation and that your long-term health needs are covered. Taking these steps can significantly improve the outcome of your case and ensure that you receive the medical care and financial support you deserve.
How long after an accident can neck or back injuries show symptoms?
Neck and back injuries can sometimes be deceptive in terms of when symptoms appear. While some people may experience immediate pain or discomfort after an accident, others might not feel any symptoms until hours, days, or even weeks later. This delayed onset is particularly common in cases of soft tissue injuries like whiplash, where the initial trauma may cause inflammation or muscle strain that isn’t immediately noticeable. It’s not unusual for someone involved in a car accident to feel fine right after the incident, only to wake up the next day with stiffness, soreness, or pain in their neck or back.
In some cases, the symptoms of neck or back injuries can take up to 48 hours or longer to manifest. This is because the body’s adrenaline response following an accident can temporarily mask the pain. As the body settles down from the shock, the injured areas may begin to swell, leading to pain, discomfort, and restricted movement. For more serious injuries, like a herniated disc or a spinal injury, the symptoms might be felt much later, often when nerve compression or inflammation begins to affect the surrounding tissues.
It’s important to note that just because you don’t feel immediate pain doesn’t mean you weren’t injured in the accident. Delayed symptoms do not diminish the severity of the injury, and in fact, ignoring early warning signs can lead to further complications. If you experience any neck or back pain, even if it starts after the accident, it’s crucial to see a healthcare provider for an evaluation. Early detection and treatment can prevent the condition from worsening and ensure that you receive the appropriate care. This is especially important when it comes to personal injury claims, as insurance companies and legal claims are often influenced by the timing and documentation of symptoms.
In summary, neck and back injuries from an accident can show symptoms immediately, or they may develop over time. The key is to be vigilant about any discomfort or pain you experience in the days following an accident, and to seek medical attention as soon as you notice any changes in your condition. Taking prompt action can not only help you recover more effectively but also protect your legal rights should you decide to pursue a personal injury claim.
Can neck or back injuries lead to long-term problems?
Yes, neck and back injuries can potentially lead to long-term problems, especially if they are not treated promptly or adequately. While some injuries may heal with time and proper care, others can result in chronic pain, reduced mobility, or permanent damage to the spine and surrounding tissues. Common long-term issues include persistent neck and back pain, herniated discs, spinal instability, or nerve damage. These conditions can significantly impact an individual’s quality of life, limiting their ability to perform daily activities, work, or enjoy recreational pursuits.
For instance, untreated neck injuries such as whiplash can lead to ongoing muscle stiffness, headaches, and pain that radiates down the shoulders or arms. Similarly, back injuries, like a herniated disc, may not only cause chronic pain but also affect the nerves that travel to other parts of the body, resulting in symptoms such as numbness, tingling, or weakness in the legs. In severe cases, if a spinal injury affects the spinal cord itself, it can lead to more serious long-term consequences, including loss of mobility or even paralysis.
Furthermore, even after initial treatment, neck and back injuries can cause recurring flare-ups of pain, especially if the injury was severe or the healing process was delayed. Individuals may also develop secondary conditions, such as muscle imbalances or posture problems, that contribute to ongoing discomfort and dysfunction. As a result, many people who suffer significant neck or back injuries may require long-term treatment, including physical therapy, pain management, or even surgery to address the underlying issues.
Given the potential for long-term complications, it’s crucial to seek immediate and ongoing medical care following a neck or back injury. Timely intervention and appropriate treatment can improve the chances of a full recovery and minimize the risk of lasting effects. For individuals who experience chronic or debilitating symptoms, working with a personal injury lawyer can help ensure they receive compensation for long-term medical care and any lasting impact on their lifestyle or ability to work.
How can a personal injury lawyer help with my neck or back injury case?
A personal injury lawyer can play a vital role in helping you navigate the complexities of a neck or back injury case. One of the primary ways they assist is by ensuring that your legal rights are protected throughout the claims process. After an accident, you may be dealing with medical appointments, insurance companies, and the physical pain of your injury, which can be overwhelming. A personal injury lawyer takes the burden off your shoulders by handling the legal aspects of your case, allowing you to focus on recovery.
One of the most important services a lawyer provides is investigating the details of the accident to determine who is at fault. They will gather evidence such as accident reports, witness statements, and any available surveillance footage, which can be critical in proving that the other party’s negligence caused your injury. If there are disputes about liability or if the at-fault party denies responsibility, a personal injury lawyer will fight for your rights and use their legal expertise to advocate on your behalf.
Additionally, a personal injury lawyer will work with medical professionals to accurately assess the extent of your neck or back injury and its long-term effects. They can help ensure that your medical records are properly documented and that your ongoing treatment needs are taken into account. By understanding the full scope of your injury—both immediate and long-term—a lawyer can more effectively negotiate for fair compensation. This may include covering medical bills, rehabilitation costs, lost wages, pain and suffering, and any future medical care that may be needed.
Lastly, personal injury lawyers are skilled negotiators and can handle the often tricky dealings with insurance companies. Insurance companies are motivated to minimize payouts, and they may try to offer you a quick settlement that doesn’t fully account for the extent of your injuries. A lawyer ensures that any settlement offer is fair and reasonable and will not hesitate to take the case to court if necessary. With a personal injury lawyer on your side, you can be confident that your case is in good hands and that you’ll have the best chance of receiving the compensation you deserve.
What types of compensation can I receive for a neck or back injury?
If you’ve suffered a neck or back injury due to an accident, you may be entitled to various types of compensation to help cover the financial and personal impacts of your injury. One of the primary forms of compensation is for medical expenses, which includes the costs of immediate treatment, ongoing care, and any future medical needs related to your injury. This may cover hospital bills, doctor visits, physical therapy, diagnostic tests like MRIs or X-rays, medications, and even surgeries if necessary. Ensuring that these expenses are accounted for is essential, as medical bills can quickly add up, especially if long-term care is required.
In addition to medical expenses, compensation can also include lost wages. If your neck or back injury has caused you to miss work, either temporarily or permanently, you may be entitled to compensation for the income you’ve lost. For those whose injury results in long-term disability and an inability to return to work, compensation may be adjusted to cover future lost wages as well. If the injury impacts your ability to perform daily tasks or reduces your earning potential, these losses can be factored into your claim.
Pain and suffering is another type of compensation that can be awarded in neck and back injury cases. This is intended to compensate for the physical and emotional distress caused by the injury. Neck and back injuries can lead to chronic pain, limited mobility, and long-term discomfort, all of which can impact your quality of life. Pain and suffering also accounts for emotional distress, such as anxiety or depression, that may arise from the injury’s long-term effects.
Additionally, compensation can cover any other out-of-pocket expenses you incur as a result of your injury. This can include the cost of hiring help for household chores, transportation expenses for medical appointments, or even modifications to your home or vehicle to accommodate a disability. In some cases, if the injury was particularly severe or resulted from gross negligence, punitive damages may also be awarded, which are designed to punish the responsible party and deter similar behavior in the future.
Each case is unique, and the amount of compensation you may receive will depend on factors such as the severity of your injury, the impact on your life, and the degree of negligence involved. Working with a personal injury lawyer can help ensure that all potential forms of compensation are identified and pursued, so that you receive a fair settlement that fully addresses both your immediate and long-term needs.
How can I prove that my neck or back injury was caused by the accident?
Proving that your neck or back injury was caused by the accident is a crucial aspect of any personal injury claim. The key to establishing causation lies in gathering strong evidence that links the accident directly to your injury. One of the most important pieces of evidence is your medical records. After the accident, it’s essential to seek medical attention immediately, even if the pain isn’t severe at first. A doctor’s examination and diagnosis will provide a clear record that your injury occurred as a result of the accident. The timing of your medical visit is particularly important, as it demonstrates that your symptoms began after the accident and were not the result of a pre-existing condition.
In addition to medical records, your personal injury lawyer will work to gather other forms of evidence to strengthen your case. This can include accident reports, witness statements, and any available surveillance footage or photos from the scene of the accident. These documents help establish the circumstances surrounding the accident and confirm that the event occurred as described. If the accident involved a car crash, for example, the police report detailing the cause of the crash or the conditions leading to the collision could provide critical evidence in establishing fault.
You may also need expert testimony from medical professionals who can explain how the accident caused or aggravated your neck or back injury. A doctor or specialist might be able to testify that the specific nature of your injury—such as a herniated disc, nerve damage, or muscle strain—was directly caused by the accident. These experts can also provide insight into how your injury could worsen over time if left untreated, further supporting the connection between the accident and the injury’s long-term impact on your life.
If you have a pre-existing condition, it may be more challenging to prove that the injury was caused by the accident. However, this doesn’t mean that you can’t make a claim. Your lawyer can work with medical professionals to demonstrate that the accident aggravated or worsened your pre-existing condition, which is often referred to as the “eggshell plaintiff” rule. This rule means that even if you had a vulnerable condition before the accident, the responsible party is still liable for the additional harm caused by the collision.
In summary, proving that your neck or back injury was caused by the accident involves collecting comprehensive medical documentation, gathering accident-related evidence, and possibly seeking expert testimony. A skilled personal injury lawyer will help you compile this evidence and build a strong case that links the accident directly to your injury, ensuring that you receive the compensation you deserve.
What if I have a pre-existing neck or back condition?
If you have a pre-existing neck or back condition and suffer an injury in an accident, it does not automatically mean that you cannot pursue a personal injury claim. In fact, many people with pre-existing conditions successfully recover compensation for injuries that were caused or aggravated by an accident. The key is proving that the accident worsened your existing condition or caused a new injury. The law recognizes that a person with a pre-existing condition may still be entitled to compensation if the accident significantly exacerbates or accelerates the severity of their injury.
When dealing with a pre-existing neck or back condition, it’s important to be transparent with your doctor and your attorney about your medical history. Your medical records will play a crucial role in demonstrating the baseline of your condition before the accident occurred. If you have prior treatments or diagnoses related to your neck or back, these records will help establish the extent of your pre-existing issues. However, what’s essential is showing how the accident directly contributed to the worsening of your symptoms or caused a new injury that would not have occurred but for the accident.
A skilled personal injury lawyer can help you build a strong case by working with medical professionals to distinguish between your pre-existing condition and any new or aggravated injury caused by the accident. In these cases, expert testimony may be used to explain how the trauma from the accident exacerbated your existing condition. For example, an orthopedic specialist or a pain management expert might testify that the force of the collision worsened a herniated disc, caused new nerve damage, or led to further degeneration of the spine.
In some cases, the “eggshell plaintiff” rule applies, which means that the at-fault party is liable for all damages that occur as a result of their actions—even if the injured person had a pre-existing condition. This rule acknowledges that a person who is more vulnerable to injury due to a pre-existing condition should not be denied full compensation simply because they were more susceptible to harm. Essentially, the responsible party is accountable for the full extent of the injury, even if it is more severe due to the individual’s pre-existing condition.
Ultimately, while having a pre-existing condition may make your case more complex, it does not prevent you from seeking compensation. With the right legal guidance and medical evidence, you can pursue a claim for the injuries that were directly caused or aggravated by the accident, ensuring that your current and future medical needs are covered.
How long will it take to resolve my neck or back injury claim?
The time it takes to resolve a neck or back injury claim can vary significantly depending on several factors, including the complexity of the case, the severity of your injury, and whether or not liability is contested. On average, personal injury claims may take anywhere from several months to a few years to resolve. In straightforward cases where liability is clear, and the injury is not too severe, the process may move more quickly, often taking around six months to a year to reach a settlement or trial. However, in cases where the injury is more complicated, or there are disputes over fault or the extent of the injury, the resolution could take longer.
One of the most important factors that can influence the timeline is the healing process. In neck and back injury cases, especially those involving chronic or long-term injuries, it’s essential to wait until your condition has stabilized before finalizing any claims. This is because you need a clear understanding of the full scope of your injury, including any long-term effects, before negotiating a settlement. Rushing to settle too early may result in insufficient compensation that doesn’t cover future medical costs or lost wages. Your doctor will typically provide guidance on when your injury has reached a point of maximum medical improvement (MMI), which is often when settlement talks can begin in earnest.
If your case requires a trial, the timeline will naturally be longer, as the legal process itself can take many months to prepare and several additional months for a court date. Even after a trial, there can be post-trial motions or appeals that extend the length of the process. However, many personal injury cases are settled out of court before reaching this point. Your personal injury lawyer can help negotiate a fair settlement and determine when it’s in your best interest to accept an offer. If settlement negotiations reach a deadlock or the offer isn’t sufficient, your lawyer may advise proceeding with litigation.
It’s also important to note that insurance companies often play a significant role in the timeline of your case. Insurance companies are incentivized to settle quickly for a lower amount, and they may try to drag out the process to pressure you into accepting an early offer. A skilled personal injury lawyer will work to ensure your interests are protected and that the insurance company doesn’t delay or undervalue your claim.
In summary, the time it takes to resolve a neck or back injury claim depends on the specifics of the case, including medical recovery, the complexity of the injury, and how the at-fault party handles liability. While some cases may resolve in a matter of months, more complicated cases can take a year or longer. Working with an experienced personal injury lawyer can help expedite the process and ensure that your claim is handled efficiently while pursuing fair compensation for your injuries.
Do I need to go to trial for a neck or back injury claim?
Going to trial for a neck or back injury claim is not always necessary, but it can be a consideration if a fair settlement cannot be reached through negotiations. Most personal injury cases, including those involving neck and back injuries, are resolved without going to trial. Insurance companies often prefer to settle out of court to avoid the time, expense, and unpredictability of a trial. In many cases, with the help of a skilled personal injury lawyer, you can negotiate a fair settlement that addresses your medical bills, lost wages, pain and suffering, and any long-term care needs.
However, if the insurance company refuses to offer a reasonable settlement or disputes liability, going to trial may be your best option to ensure you receive the compensation you deserve. Trials can take longer and be more expensive, but they also provide an opportunity to present your case in front of a judge and jury, who will decide the outcome. Your lawyer will help you assess whether litigation is necessary by considering factors such as the strength of the evidence, the potential damages, and the likelihood of a favorable outcome in court.
Even when a case goes to trial, it’s important to note that settlement negotiations may still continue throughout the process. In fact, many cases are settled just before or during the trial itself, once both sides realize that a trial may not be in their best interest. A lawyer with experience in neck and back injury cases can provide valuable insight into whether trial is necessary or if a settlement offer should be accepted.
Additionally, the severity of your neck or back injury can play a role in the decision to go to trial. If your injury is minor and likely to heal quickly, the insurance company may be more willing to offer a fair settlement. However, if the injury is more severe, potentially causing long-term pain or disability, going to trial may be necessary to secure adequate compensation. Your lawyer will carefully evaluate the specifics of your case to guide you toward the best course of action.
In conclusion, going to trial is not always required for a neck or back injury claim, but it may become necessary if a fair settlement cannot be reached. A personal injury lawyer will guide you through the process and help you decide whether litigation is in your best interest, based on the facts of your case and the offers on the table. The ultimate goal is to ensure that you receive the compensation you deserve for your injuries, whether through settlement or a court ruling.
Can I file a claim for neck or back injuries if the accident was partly my fault in the state of Texas?
In Texas, you can still file a claim for neck or back injuries even if the accident was partly your fault, thanks to the state’s comparative fault laws. Texas follows a “modified comparative fault” rule, which means that you can recover damages as long as you are less than 51% at fault for the accident. However, your compensation may be reduced in proportion to your degree of fault. For example, if you were found to be 30% responsible for the accident, your potential compensation would be reduced by that percentage. This means that if your total damages were $100,000, you could only recover $70,000.
The key to a successful claim in such situations is establishing the extent of the other party’s fault in the accident and demonstrating that their actions were a contributing factor to your injuries. If the other party was primarily responsible for the accident, even if you share some of the blame, you can still recover compensation. A personal injury lawyer can help investigate the circumstances of the accident, gather evidence, and build a case that clearly shows the liability of the other party, thereby maximizing your chances of receiving fair compensation.
Insurance companies often try to reduce their payout by assigning a higher degree of fault to you, even if you weren’t fully responsible for the accident. This is why it’s crucial to have an experienced lawyer on your side to fight for your rights and ensure that the blame is accurately assigned. They will work to counter any arguments made by the insurance company and advocate for a fair settlement based on the actual facts of the case.
In cases where you are partially at fault, it’s important to remember that you still have the right to pursue compensation for your injuries, and the amount you can recover will depend on the degree of fault attributed to each party. Working with a personal injury attorney can help ensure that you navigate the legal complexities of comparative fault and obtain the maximum compensation for your neck or back injury.
Do You Have a Neck and Back Injury From an Accident?
If you’ve suffered a neck or back injury due to an accident, don’t wait—get the legal support you need to ensure your rights are protected and you receive the compensation you deserve. At The Law Offices of David Kohm, our experienced personal injury lawyers are dedicated to fighting for injury victims like you. We understand the physical, emotional, and financial toll these injuries can take, and we’re here to help you navigate the legal process every step of the way.
Contact us today for a free consultation. Let us review the details of your case, answer your questions, and develop a strategy to pursue the compensation you need for medical expenses, lost wages, pain and suffering, and more. You don’t have to face this difficult time alone—trust The Law Offices of David Kohm to advocate for your best interests. Call now or fill out our online form to get started.
