The term “whiplash” refers to an bodily injury within the neck that is normally caused by a rapid back and forth motion similar to a whip. According to the Mayo Clinic, the most common cause for whiplash is a rear-end car accident. However, whiplash can occur in other types of accidents including motorcycle and amusement park accidents.
Although whiplash isn’t lethal, it can be incredibly delimitating to live with. If you don’t have consistent treatment, you could be dealing with consistent neck and shoulder pain for years. Some even have issues turning their head in general after whiplash because of the excruciating pain. Treatments can include physical therapy, pain killers and in some rare cases surgery.
That is why it’s highly recommended you seek legal representation if you sustained a whiplash injury in a car accident or because of someone’s negligence. You could be entitled to compensation for the damages you’ve received since the injury.
Personal Injury Attorney for Whiplash in West Des Moines, IA
Whiplash sufferers live everyday with neck pain, stiffness and constant soreness. These symptoms can induce headaches and even nausea if severe enough. If you’ve been experiencing whiplash symptoms recently after a car accident, it’s highly advised you speak to a qualified attorney at McCarthy & Hamrock, P.C..
McCarthy & Hamrock, P.C. is a team of skilled perosnal injury attorneys with years of personal injury practice under their belt. They can utilize their talents, resources and network for your case. Call us now at (515) 279-9700 to set up your first consultation free today. McCarthy & Hamrock, P.C. practices throughout the greater Polk County and Dallas County area including Perry, Waukee, De Soto, Johnston, Altoona, Polk City and West Des Moines.
Overview of Whiplash in Iowa
- What is Whiplash?
- How to Receive Compensation for Your Injuries
- Whiplash Symptoms
- Additional Resources
What is Whiplash?
Whiplash is a non-medical term for a range of injuries that occur within the neck. It’s normally caused by a sudden distortion of the neck such as a rapid back and forth motion. The term “whiplash” was adopted colloquially for neck injuries associated with car accidents because of the way victim’s heads would violently whip back and forth during a crash.
What’s concerning about whiplash is how and when the symptoms manifest. Many sufferers of whiplash may not feel any soreness or pain initially when the injury occurs. However, after a few days or even weeks they may have gradual pain aching in the neck and back.
The severity of a whiplash injury depends on the person. Many people recover from whiplash naturally without any medical intervention. However, some whiplash sufferers have reported permanent pain ever since their accident. In rare cases, a whiplash injury may be so serious it requires surgery such as a spinal fusion for treatment. However, most whiplash injuries are treated with rest, ice/heat, physical therapy and pain killers.
Receiving Compensation for Your Whiplash Injuries
In Iowa, if someone hurts another through negligent actions then the hurt party may have standing to sue them for damages in court. The hurt party will receive a monetary award if they win, they’ll receive compensation for all their losses such as medical bills or missed work. Whiplash injuries are no different, especially since most sufferers received the injury from a motor vehicle accident. If you were injured by someone’s thoughtless actions, then you could be entitled to a monetary settlement.
This type of law is referred to as personal injury and the goal of the petitioner is to prove their injury was caused by the defendant’s negligence. The term “negligence” has a specific definition in the world of personal injury law. It’s when a person fails to behave with the same level of care that a reasonable person would if they were in the same situation. Both actions such as driving recklessly or inactions such as ignoring a stop sign be considered negligent.
For example, if you were rear-ended violently by another car and injured as a result because the driver behind you was on their phone, then the other driver would be considered the negligent one in this situation. That is because it was their duty as a driver to be alert and aware of the road. Since the other driver was inattentive it’s likely the court would grant a monetary settlement to you as the hurt party.
You can prove negligence through various types of evidence including eye-witness reports, medical reports from the injury, a diary of the injury and expert testimony. If you’re successful and win the case, then the judge will grant you a monetary award that will reflect your damages. These damages can be both emotional such as mental anguish and financial such as medical bills or lost wages.
If you win your personal injury suit, you may recover the following damages:
- Past, present, and future medical expenses
- Past lost wages
- Future lost wages
- Permanent disability
- Pain and suffering
- Mental Anguish
Symptoms of Whiplash
Many people who sustained a whiplash injury don’t feel the symptoms until at least 24 hours later. It can even emerge weeks later depending on the person. This doesn’t mean that the symptoms of whiplash are easy to deal with. It can include pain, stiffness, as well as:
- Difficulties with memory
- Decreased range of motion of the neck
- Vision problems
- Buzzing or ringing in the ears
- Difficulties with concentration
- Problems concentrating
- An unusual sense of fatigue
- Issues with dizziness
American Chronic Pain Association – Visit the official website for the American Chronic Pain Association, an organization that is dedicated to giving chronic pain sufferers the right resources and information to fight their chronic pain. Access the site to learn more about whiplash, how it happens, resources to deal with pain and more.
Brain and Injury Support Groups in Iowa – Visit the official website for the non-profit BrainandSpinalCord.org, which is a site that assists others in finding spinal cord injury support groups. Access the site to find the closest spinal cord injury support group in your area.
Personal Injury Attorney for Whiplash in West Des Moines, IA
If you or someone you know has been diagnosed with whiplash after an accident, it’s important you get in touch with an experienced legal representative. For an attorney who is passionate and skilled, call McCarthy & Hamrock, P.C.. We have years of practice with personal injury cases and want to do all we can to assist in your recovery.
Call us now at (515) 279-9700 to set up your first consultation free. McCarthy & Hamrock, P.C. represents people throughout the greater Polk County and Dallas County area including West Des Moines, Altoona, De Soto, Johnston, and Perry.