Whiplash claims in road accident compensation cases

Injuries to the neck caused by a sudden movement of the head, whether forward, backward or sideways is generally referred to as whiplash and whiplash injuries are a common feature when people are involved in a road accident.

Whiplash injuries can result from numerous other accidents including sports injuries or accidents at work but car crashes are the most frequent cause and accident victims often suffer as a result of being involved in a collision. Compensation claims often result and whiplash injuries are probably the most frequent injury resulting in a compensation claim from a road accident.

Extreme cases can prove to be completely debilitating and whiplash or other neck injuries should always warrant a thorough examination and chiropractic check-up.

The biggest danger with whiplash injuries is that the symptoms can take years to develop. Too often people don't seek treatment until more serious complications develop and these can occur long after the original accident took place. 45% of whiplash claimants report they still suffer with symptoms of the condition two years after the accident and many continue to do so long after their compensation claim has been settled.

Until recently a typical whiplash injury was hard to document as no bones were broken. Soft tissue injury does not show up on normal x-rays and radiographs and insurance companies often refused to pay compensation to people who were suffering from an obviously painful and completely debilitating injury.

Furthermore patients suffering from extreme pain were attempted to be labelled as frauds, liars, or at best a hypochondriacs when they attempted to bring forward cases.

All that has now changed and the latest imaging devices (CAT Scans, Magnetic Imaging, and Ultra Sound) now show soft tissue injury and insurance companies have responded by providing compensation most whiplash injury claims.

When no bones are broken and the head doesn't strike the windscreen typical symptoms are as follows:

• 62% to 98% complain of neck pain, which typically starts two hours up to two days after the accident. This is often the result of tightened muscles that react to either muscle tears or excessive movement of joints from ligament damage. The muscles tighten in an effort to splint and support the head, limiting the excessive movement
• 66% to 70% of those suffering from whiplash complain of headache. The pain may be on one side or both, on again off again or constant, in one spot or more general. These headaches, like the neck pain, are often the result of tightened, tensed muscles trying to keep the head stable and, like tension headaches, they are often felt behind the eyes.
• Shoulder pain often described as pain radiating down the back of the neck into the shoulder blade area, may also be the result of tensed muscles.
• Muscle tears are often described as burning pain, prickling or tingling. More severe disc damage may cause sharp pain with certain movements, with or without radiation into the arms, hand and fingers, which are relieved by holding your hand over your head.

The chart below lists the most common whiplash symptoms. If you have and accident and experience any of these symptoms, call us straight away on 0800 066 99 07.

Basic Whiplash Symptoms

• Neck pain and/or stiffness
• Blurred vision
• Difficulty swallowing
• Irritability
• Fatigue
• Dizziness
• Pain between the shoulder blades
• Pain in the arms or legs, feet and hands
• Headache
• Low back pain and/or stiffness
• Shoulder pain
• Nausea
• Ringing in the ears
• Vertigo
• Numbness and tingling
• Pain in the jaw or face 

How Does Whiplash Happen?

Whiplash is most commonly received from riding in a car that is struck form behind, or collides with another vehicle with the impact from the front or from the side.

The head is relatively heavy and when it is suddenly jerked back and forth or side to side beyond its normal limits, the muscles and ligaments supporting the spine can be over-stretched or torn.

In a rear end collision for example, the victim's car is first pushed or accelerated forward and then, because their foot is on the brake, or their car hits the vehicle in front, their car is rapidly slowed down, or decelerated. As the vehicle accelerates forward, it pushes the body forward too, but the head remains behind momentarily, rocking up and back, until some of the muscles and ligaments are stretched or torn. Too often the injury occurs before the head rebounds off the headrest (if there is one) which may be badly adjusted or fitted.

In a reflex action these muscles contract to bring the occupant’s head forward again, and to prevent excessive injury. This overcompensates because at this point the head is already travelling in a forward direction as the car decelerates. This violently rocks the head forward, stretching and tearing more muscles and ligaments. The soft pulpy discs between the vertebrae can bulge, tear, or rupture. Vertebrae can be forced out of their normal position, reducing range of motion. The spinal cord and nerve roots get stretched, irritated, and choked. If the victim is not properly restrained the occupants head may strike the steering wheel or windscreen, possibly causing a concussion.

The resulting instability of the spine and soft tissues are noteworthy and depend on several factors.

The aforementioned does not exclude children. In fact, children involved in car accidents are often neglected in these types of injuries when in actuality, they suffer from the same symptoms and are at a greater risk of permanent damage. Adding fuel to the fire, a number of insurance companies object to paying for the care of children involved in road accidents.

Vehicle size: When both are equal, even an 8 mph collision produces two times the force of gravity or a 2-G acceleration of the car, and a 5-G acceleration of the head. This magnification of the force gives rise to the name, Whiplash.

Headrest position: This can make an injury much worse if too low, and even at the right height, it must be close enough to catch the head in time (about 2 inches). A seat that is reclined to far will increase this distance, as will poor posture and driving habits if leaning forward. The position of the head is important. When turned to the side, for instance, it can only move about half as far as a straightforward position. Hence, all the G forces are localized to one side of the spine, substantially increasing the severity of injuries.

Age: plays an important role because as the body becomes older, ligaments become less pliable, muscles weaker and less flexible, and decreases in range of motion.

Women and children: seem to be injured more seriously than men. This is most notable due to the fact that they tend be shorter. Because of this, they are either too close to the steering wheel/airbag and or have improper fitting shoulder harness/seatbelts.

Pre-existing health problems: such as arthritis, lend to the severity of the injuries.

The chiropractic approach to these types of injuries is to use specific, gentle chiropractic adjustments to help restore spinal function. Chiropractic adjustments (also called spinal manipulations) are one of the only proven remedies for whiplash injuries.

A major study was commissioned by an insurance company reviewing all the academic data concluded early treatment is essential:

The myth: "If I don’t have pain right away, I’m O.K.". Whiplash injuries can be so slight, at first you don’t even know you are injured, or extremely severe with multiple broken bones. Regardless whether or not there was any damage to the car.

The truth: Even if you feel normal after an accident, with no symptoms, you should be thoroughly examined. Symptoms can be delayed for days, and in some cased may not surface for years. Worse, whiplash can still be causing symptoms some five years, and in the long run, can cause secondary problems such as osteoarthritis and premature disc degeneration. This delay in symptoms and the long-term consequences make it very important to get examined as soon as possible after any accident.

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