Can I Sue for Whiplash After a Car Accident?

Car accidents are a very common cause of whiplash injuries. The type of car accident that most commonly causes whiplash is a rear-end car accident. At Merkel & Cocke, we have more than 40 years of experience representing the victims of all types of car accidents, including rear-end collisions. We also represent whiplash injury victims when slip and fall accidents, assaults, and other events cause their injuries.

Who is responsible for rear-end collisions?

In most cases, the driver in the rear is responsible for a rear-end accident. The common causes include speeding and driving while distracted. Often, by the time a driver who is going too fast, texting, using a cellphone, or looking at a GPS, realizes the car in front is too close, there’s not enough time and distance to brake safely. We file personal injury claims against these irresponsible drivers.

If a rear-end driver hits your car in the rear and runs (drives away), then we work to locate the driver. If we cannot locate the driver, then we can still help you by filing a claim with your own uninsured/underinsured (UM/UIM) insurance company.

What is a whiplash injury?

According to Johns Hopkins Medicine, whiplash is a neck injury that occurs when your neck forcibly moves back and forth. Whiplash affects your neck muscles, nerves, tendons, and disks.

The common symptoms of whiplash include neck pain, stiffness in the neck, dizziness, shoulder pain, low back pain, hand or arm pain, hand or arm numbness, fatigue, difficulty moving your head, and difficulty sleeping.

If you are in a rear-end accident, you should go to the nearest emergency room so doctors can examine you for whiplash. Many whiplash injury victims do not experience immediate symptoms. The symptoms can take hours or even days to appear. Even though insurance companies know that whiplash symptoms may be delayed, they may still argue that your failure to seek immediate medical care means that your whiplash injury isn’t very serious.

How do doctors diagnose whiplash in Mississippi?

Your physician should conduct a physical exam, which will include seeing how far and in what directions you can move your neck with and without pain, focusing on the degree of pain you have, testing your reflexes, and examining the strength in your neck muscles.

The physician will also take an oral history of what happened to trigger your neck pain. Diagnostic tests for whiplash include:

• X-rays. This medical test examines injuries to your bones, organs, and tissues. Generally, whiplash injuries are due to soft tissue injuries that X-rays don’t detect. Still, X-rays may help some victims whose neck pain is due to more serious causes.
• MRIs (magnetic resonance imaging). This test uses a computer and large magnets to examine your soft tissues and organs.
• CT (computerized tomography) scans. This test combines X-rays and computer technology to make detailed images of your body.

What are the treatments for whiplash?

The treatments vary depending on how old you are, the symptoms you have, and your overall health. The treatments for whiplash include:

• Using ice for the first 24 hours after the accident.
• Wearing a cervical (neck) collar.
• Taking nonsteroidal anti-inflammatory drugs (NSAIDs), such as ibuprofen.
• Using muscle relaxants. These medications help soothe your pain and loosen muscles that are tight.
• Physical therapy, which involves exercises and other treatments to help with movement, strength, and pain reduction. Exercises may include moving your head from side to side, rotating your neck, and bending towards your chest.
• Osteopathic manipulation.
• “Topical gels or shots into the neck to ease pain.”

The Mayo Clinic recommends the following additional treatments:

• Heat treatments. These treatments can include heat packs and warm/hot showers.
• Transcutaneous electrical nerve stimulation (TENS). “TENS sends a mild electric current to the skin. Limited research suggests this treatment might ease neck pain and improve muscle strength for a short time.”
• Alternative medicine treatments. Some treatments focus on breathing and movement. These alternatives include tai chi, qigong, and yoga. Other alternatives include acupuncture and chiropractic care.

According to the Mayo Clinic, “Soft foam cervical collars were once commonly used for whiplash injuries to hold the neck and head still. However, studies have shown that keeping the neck still for long periods of time can decrease muscle strength and interfere with recovery.”

While many patients recover within a few weeks, some car accident victims who have whiplash may need months to recover. Some whiplash victims live with chronic neck pain.

How much is my whiplash injury claim worth in Mississippi?

Whiplash injuries can make it hard to function. In addition to having difficulty sleeping, working at a computer desk can be a nightmare. Simple tasks like cooking dinner or going for a walk can be painful. Some victims may suffer from depression because the pain just won’t go away. Most jobs, including manual labor jobs, retail work, and office professions, require that the worker’s neck be free of pain.

Our Mississippi car accident lawyers file personal injury claims against the responsible drivers. We demand compensation for all your current and future damages, including:

• Your medical bills. These expenses include emergency room care, doctor visits, diagnostic tests, rehabilitative care, psychological care, medications, and assistive devices/technology.
• Your lost income. We demand compensation for your lost wages, overtime, salary, benefits, and business income.
• Your pain and suffering. Our soft tissue injury lawyers also demand compensation for every moment of physical pain or emotional suffering your whiplash injury causes.
• Property damage. This amount includes damage to your car, often the rear of your car.
• Other damages. These damages include loss of bodily function, the inability to enjoy life’s pleasures, and loss of consortium (enjoyment of marital relations).

Whiplash injuries force you to stop what you’re doing and get medical care. Many whiplash victims can’t work while they’re in pain. You deserve to be compensated for these changes to your life. At Merkel & Cocke, we have decades of experience and regularly work with medical providers who treat neck injuries, which helps us present strong cases for compensation..

Call Merkel & Cocke or fill out our contact form to schedule a free consultation. We have offices in Jackson, Clarksdale, Greenville, and Oxford. Our lawyers also serve Tupelo and the Gulf Coast regions.