What is a whiplash injury? Many people get confused when they hear about the severity and nature of this injury. Of course, there's a literal term that refers to the cracking of a whip. Then, there's a colloquialism that refers to a neck injury.
Whiplash is a common injury in car accidents, especially rear-end collisions. Get examined right away, and not only for medical reasons. Under Florida Statute 627.736(1)(a), your personal injury protection coverage pays nothing unless you receive initial services and care within 14 days of the crash. A personal injury lawyer can help with the claim, but no lawyer can reopen that window once it closes.
In this blog post, you will learn about whiplash injury and how a person feels when suffering from it. You'll learn the reasons you should seek out the help of a medical professional and a whiplash injury lawyer in Florida.
What occurs during a whiplash injury?
Whiplash injuries occur when a sudden impact causes the head and cervical spine to move forward and backward rapidly. This type of injury is common after a motor vehicle accident. However, it can also be a sports injury, which is common in contact sports like football.
Whiplash, known in medicine as cervical acceleration-deceleration syndrome, typically involves the nerves, discs, muscles, and tendons in the neck. When those structures overextend under a sudden force, a whiplash injury is the likely result.
How does a whiplash injury feel?
Whiplash symptoms usually appear within 24 hours of the crash, though sometimes they take a few days to show up, and they can persist for days or weeks after that. That delay is the practical problem in Florida: the 14-day PIP deadline in Florida Statute 627.736(1)(a) runs from the date of the crash, not from the day the pain starts.
Below is a list of common symptoms that you may feel when you have whiplash.
Neck pain
You may suffer pain in your neck ranging from mild to severe. This is due to muscle and ligament neck strains or sprains. Injuries can also bring pain to the bones, joints, or discs. Less often, the pain becomes chronic, meaning it persists for more than 12 weeks.
Stiff neck
Your neck may not perform its usual range of motion because of pain, joint problem, or muscle rigidity.
Instability of the neck
This symptom typically occurs because of torn or overstretched soft tissues. Sometimes, a fracture can also cause neck instability.
Upper back and/or shoulder pain
You'll experience pain in your shoulders and upper back from soft tissue injuries like torn ligaments.
Numbness or tingling sensation
Inflammation or compression on your cervical spine's nerve roots may result in numbness or tingling sensation from your shoulder down to your fingers. A common occurrence of this symptom only affects one side of your body. However, if two or more nerve roots are damaged, the numbness or tingling sensation can happen on both sides of your body.
Headaches
This symptom takes place when the joint or nerve of your neck gets irritated. A tightening of the muscles in your neck can also bring headaches.
Whiplash associated disorders and other less common symptoms:
Problems with the eyesight
If the nerves in your cervical spine get damaged, or you suffer a concussion due to whiplash, your eyesight may get blurry.
Dizziness
Concussion or neck instability can cause dizziness to a person suffering from a whiplash injury.
Tinnitus or ringing in the ears
Whiplash associated disorders, such as stress, jaw injury, nerve damage, or brain injury, can lead to buzzing or ringing in the ears. This symptom can range from sporadic to persistent.
Difficulty sleeping
It can be difficult falling asleep from stress, pain, concussion, and other problems related to the injuries.
Problems with speaking, chewing and swallowing
Trauma to your jaw muscles, esophagus, or larynx may lead to pain or immobility, which prevents you from performing such tasks.
Concentration or memory problems
Whiplash can cause cognitive problems, such as difficulty thinking and concentrating. Such symptoms may appear immediately after the incident, or they might not manifest until days later. One factor for these symptoms is an injury to the part of the brain or stress.
Mood changes and other emotional problems
Someone who is suffering from a whiplash injury may feel anxiety, irritability, and depression. These symptoms may be because of pain, post-traumatic stress disorder (PTSD), or concussion.
Fatigue
Symptoms mentioned above, such as concussion, pain, stress, and lack of sleep, may lead to tiredness and fatigue.
How is whiplash diagnosed?
A clinician performs the diagnosis of a whiplash injury. When you're experiencing symptoms associated with whiplash, the doctor will take your medical history and conduct a physical exam on you. They will also carry out diagnostic imaging (usually if there's a suspicion of a neurological problem or fracture).
- First the doctor gathers information: pre-existing medical problems, family medical history, and other health considerations, then asks about the symptoms you have now and how they started.
- Next comes the physical examination. The doctor observes your posture, examines your neck for problems such as misalignment, and checks your neck's mobility, reflexes, sensation, and muscle power.
- If a neurological problem or a fracture is suspected, the clinician orders diagnostic imaging: an X-ray, a bone scan, an MRI, or a CT scan.
Treatment for Whiplash Injury
There are various methods to treat a whiplash injury. However, it's necessary to seek medical advice from a licensed medical professional before any treatment.
Self-Care Treatment Methods
- Ice or heat on the affected area, alternated over the first few days after the injury.
- Over-the-counter pain relievers such as nonsteroidal anti-inflammatory drugs (NSAIDs) and acetaminophen.
- Rest, or limiting movement of the affected area.
Medical Care
- Injections, such as a trigger point injection, a cervical facet joint injection, or a cervical epidural steroid injection.
- Chiropractic adjustment.
- Radiofrequency neurotomy.
- Massage therapy.
- Acupuncture.
Two of those come with a billing catch in Florida. Florida Statute 627.736(1)(a)5. excludes massage therapy and acupuncture from personal injury protection medical benefits regardless of who provides them, so PIP will not reimburse either one. Chiropractic care is covered, and a chiropractic physician licensed under chapter 460 can provide the initial services and care that open the 14-day window.
How can a whiplash injury lawyer help?
A personal injury attorney handles the parts of a whiplash claim that pull your attention away from treatment: the recorded statement the adjuster wants, the medical records requests, the PIP log, and the question of whether your injury clears the threshold in Florida Statute 627.737(2) for pain and suffering damages.
Whiplash claims turn on documentation more than argument. Ask any lawyer you are considering how they handle a soft tissue case where the imaging comes back normal, because that is the case insurers dispute and it is the case most whiplash claimants have.
Two deadlines matter after a Florida crash. To qualify for PIP medical benefits, you generally must receive initial services and care within 14 days after the motor-vehicle crash under Florida Statute 627.736(1)(a). Other PIP benefit categories and coverage conditions should be reviewed separately. Separately, a negligence lawsuit against the at-fault driver must be filed within two years of the crash under Florida Statute 95.11(5)(a) for crashes on or after March 24, 2023.
How to Contact a Lawyer for Whiplash Injury
Whiplash can cause some undesirable long-term effects if you don't seek treatment for it. If you were hurt this way, a personal injury attorney can look at the details of your case. If you want to learn more about your options when you sustain a whiplash injury, call 888-626-1108 to speak to a member of Weinstein Legal Team today.
