Whiplash from an Accident may Not Get You a Settlement

A whiplash accident claim is one of the most common for auto insurance companies.  Whiplash claims can be difficult to prove though because there is no visual evidence as there would be with a broken leg or even a torn tendon.Whiplash is an injury to the cervical spine, which is essentially the neck. The cervical spine supports the head is and made of up complex tendons and ligaments which surround and connect the spinal cord to seven vertebrae.  When a person’s vehicle is struck from the rear, the force causes the cervical spine to move forward and backward in an unnatural position. The most common symptom of whiplash is neck pain and a difficulty moving the head or arms. Whiplash can be more serious though and may result in nerve damage or chronic long-lasting pain.  There is little that can be done to “cure” whiplash and usually a neck brace is provided to the injured patient to minimize neck and head movement which can be painful for a person suffering from whiplash.

What Makes Whiplash Worse?

A person sitting up straight in a car is less likely to suffer from whiplash than a person who is turned in her seat, or who is slumped down at the time of impact. A person who anticipates an accident just before impact may also be more likely to suffer whiplash because she may brace herself for the accident and the act of stiffening the neck can actually experience more damage than a person who doesn’t see the impending impact. 

Insurance Companies Demand Evidence

Insurance companies require proof of injuries before they will offer compensation following an accident. Proving whiplash is particularly difficult because there is no visual proof or screening that will provide unequivocal evidence of the injury. The injury is easy to “fake” because anyone can go to a doctor and claim neck pain following an accident and the likely diagnosis will be “whiplash”.  The lack of evidence and the ease of getting a diagnosis make insurance company adjusters question anyone who claims she has a whiplash injury.

Symptoms of Whiplash Commonly Do Not Last Long

Whiplash usually goes away after a fairly short amount of time. Sometimes it can last a week, or maybe a month. Most cases do not last long enough to last through the auto insurance claim process, and would only last through a settlement or litigation in the rare severe case of whiplash. Insurance companies know that whiplash will not last long and know that there will be little evidence for an injured victim to provide a jury.  The insurance company is usually not motivated to make a settlement offer for an injury which they know a jury would likely not award any money. The insurance company is more willing to risk litigation because they are more likely to win in a whiplash case.

Getting Legal Help

Unfortunately, people often do end up with a whiplash injury following a car accident and they have real pain and are in need of real medical treatment.  If you have a whiplash injury following a car accident, a personal injury attorney can help you document your injury to put you in the best possible position for presenting your claim for compensation to the auto insurance company.