Understanding Whiplash: A Guide for Car Accident Victims

Experiencing a car, truck, or motorcycle accident can be traumatic and confusing. It can also be painful. Even if you weren’t involved in what you would consider a “catastrophic accident,” that doesn’t mean you haven’t experienced a catastrophic injury. One common but major injury resulting from vehicle accidents is whiplash. While this type of injury is more serious for adults over 65, it can severely impact anyone at any age. How do you know if you’ve suffered whiplash? Is it something you can file a personal injury lawsuit for in New York? Find out everything you need to know about this type of personal injury. 

What is Whiplash? 

Whiplash is a neck injury caused by a rapid back-and-forth movement of the head. While the medical term is cervical acceleration-deceleration (CAD) syndrome—describing the mechanism of the injury and its effects on the cervical spine—its nickname comes from the motion of the injury. When you’re involved in an incident, whether from a car crash or any other type of accident, whiplash occurs when your head moves rapidly back and forth, resembling the cracking of a whip. This sudden motion can damage the soft tissues in the neck, including your muscles, ligaments, and tendons, and it can lead to further medical issues down the road. 

What Causes Whiplash? 

Whiplash is most commonly associated with rear-end car accidents, but it can also result from sports injuries, physical assaults, or any incident that forces the neck to jerk suddenly. 

During a collision, the force of the impact causes the neck to hyperextend and then quickly hyperflex. This stretches and strains the soft tissues, ligaments, and tendons in the neck. When this strain happens, you can suffer from many immediate and delayed medical symptoms. 

The Most Common Symptoms of Whiplash 

The immediate symptoms of whiplash are most commonly: 

• Neck pain and stiffness 
• Headaches, often starting at the base of the skull 
• Dizziness 
• Blurred vision 
• Fatigue 

Delayed symptoms of whiplash, which can take days or even weeks to manifest, can include: 

• Difficulty concentrating and memory problems 
• Ringing in the ears 
• Sleep disturbances 
• Irritability 

What Should You Do (and Avoid Doing) if You Think You Have Whiplash? 

If you believe you or a loved one has suffered whiplash, seek medical attention. Even if symptoms appear mild, it’s important to get a professional evaluation to rule out more severe injuries. Make sure to document symptoms and injuries as well as any impact they have on your daily routine. These can be useful if you plan to file a lawsuit.  

Do not ignore your symptoms. Delaying treatment can exacerbate the injury and prolong recovery. You should also take a break from excessive physical activity; avoid activities that strain your neck until you are cleared by a healthcare provider.  

Can I Sue in New York if I Have Whiplash? 

Yes, you can sue for whiplash in New York if it resulted from another party’s negligence. New York follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault, though your compensation may be reduced by your percentage of the fault. Get in touch with an experienced car accident lawyer to understand your legal options and the potential value of your claim.  

If the other party’s insurance company reaches out to you, avoid accepting quick settlements without consulting a lawyer, as they may not cover long-term medical costs. Most initial settlements are lower than what you will need and deserve. If you need to contact either your insurance company or that of the other party, your lawyer can help you file a claim and negotiate or represent you in court if necessary. 

What Should You Avoid Doing After a Car Accident? 

If you have been involved in any type of accident, do not:  

• Admit Fault: Either at the scene of the accident or to insurance companies. Fault determination is a complex process. There is no need for you to say much of anything without a lawyer. 
• Delay Medical Care: Prompt medical attention can make a difference, not only for your health but also for documenting your injuries for any legal claims. 
• Fail to Document the Scene: If possible, take photos and gather information at the scene. This evidence can be crucial for your case. 

Should I Contact My Insurance Company? 

Yes, you can contact your insurance company, but exercise caution if you have not yet spoken with a personal injury attorney. If you do speak with someone, provide factual information without speculating or admitting fault. Avoid giving recorded statements or detailed accounts until you have consulted with a lawyer. 

Contact a Personal Injury Lawyer Today 

Whiplash is a common but serious injury that can significantly impact your quality of life. Understanding the symptoms, seeking prompt medical attention, and knowing your legal rights are the most important steps to take following an incident. At Morelli Law, we work with victims of all types of accidents, helping them get the legal representation they need to seek justice when they’ve been wronged. We’re here for you and your family, so don’t hesitate to reach out. We’ll provide you with a free case evaluation to determine if filing a lawsuit is right for you. Reach out to us today.