“Whiplash” and Cervical, Thoracic and Lumbar Injuries to the Spine
The “mechanism of injury”, the term used to describe how cervical and lumbar sprains/strains occur, is a whip-cracking effect of the car accident victim’s head or body violently being thrown forward or backward. Despite what the insurance company tries to get you to believe, this type of effect can occur even when there is very little visible damage to your car. The insurance industry uses photographs of your vehicle (where there is little to no damage shown) to de-value your case and to deny whiplash injuries considerations.
Because the insurance industry doesn’t like to treat whiplash cases as authentic injuries, we know better and are here to fight to ensure that what you are going through becomes important.
Effects of “Whiplash” and Cervical, Thoracic and Lumbar Injuries to the Spine
Whiplash injuries are not just limited to sprains and strains that cause some discomfort. This mechanism of injury can turn someone’s life upside down. We fight for people who suffer the following effects of whiplash injuries:
- Loss of Range of Motion
- Muscle weakness
- Feeling of “Knots” in the muscle
If you are having radiating pain, that may be cause for an MRI. You should discuss this with your doctor. It is important that you are treated for your whiplash injury not just for your personal injury case, but more importantly, your body.
Sprain vs. Strain: Treated the same
Sprains and strains, while two separate injuries, are treated the same - - or as one. When a car accident victim injures his or her neck or back from a whiplash injury, the insurance company typically doesn’t separate the injuries from each other for separate compensation. Doctors say that sprains deal with ligaments while strains deal with muscles. Think of spraining your ankle - - those ligaments are stretched and do not go back to their original structure, making you more susceptible to further injury to your ankle. It is a similar principle in sprain/strain cases.
The bottom line is that you need a lawyer to handle these types of personal injury cases now more than ever. We offer a free consultation. Contact us today and take advantage of this risk-free opportunity.
How Ohio Tort Reform Impacts Whiplash Cases
With over 15 years of pronounced tort reform measures being enacted into law in Ohio, whiplash cases are growing increasingly harder to settle. Prior to 2006, it used to be that a jury was not allowed to know a plaintiff had health insurance. Now, through a few difficult Ohio Supreme decisions, juries, while still not permitted know of health insurance per se, they are given enough information that they can make that connection. And it’s a devastating connection because juries will now just assume that all bills are being paid by health insurance and consider medical special damages as a wash. They don’t take into account what premiums were paid for those benefits co pays, or any other valuable considerations that made the health insurance payments possible. This was originally guarded against through what is referred to as the collateral source rule. This legal doctrine holds very little weight because of tort reform.
The ultimate effect of tort reform on whiplash cases is that they are worth a lot less than they were prior to 2006. This is just another reason it is best to get a lawyer to fight insurance company “adjusting”.