Whiplash injuries usually happen because of the sudden back-and-forth motion of the head, arising due to car accidents, high-impact incidents or sports collisions. The unexpected impact results in a violent forward and backward head motion that strains the neck’s muscles, ligaments and tendons. Suffering a whiplash injury can be both painful and overwhelming. Symptoms typically emerge within 24 hours and include neck pain, stiffness, headaches, fatigue and in some cases, even cognitive issues. When facing such an injury, knowing how the liability is ascertained and the type of evidence required to prove a whiplash injury is crucial. In this article, we shall have a look into these aspects.
Establishing Liability in Whiplash Cases
Whiplash injuries can cause damage that can result in severe pain, take a long time to heal or involve permanent damage, and require treatment for long periods. Liability in such cases can be established by carefully examining the circumstances surrounding the injury and presenting strong evidence.
Determining Liability –
- Negligence and Duty of Care:
Proving negligence is the first step towards confirming liability in whiplash injury cases. This can be done by showing that the party responsible for the accident had a duty of care toward the injured person and did not comply with that duty. For instance, in a car accident, the driver who caused the collision had to follow traffic rules and drive safely.
- Causation:
Establishing causation is extremely important to determine liability in such cases. The injured party must show that the whiplash injury took place directly because of the negligent actions of the other party. In some cases where the symptoms of whiplash may not be apparent immediately, this can be difficult. For this reason, it is crucial to seek medical aid immediately after the accident and to make note of the symptoms that arise. The expert testimony of the plaintiff’s doctor, the medical records and accident reconstruction analysis can be used to link the defendant’s actions to the injuries caused.
–
- Comparative Negligence:
In some instances, both parties may be held responsible to some extent for the accident. States with Comparative Negligence laws allow for a percentage-based allocation of fault. It is possible for the injured party to recover damages, but the amount may be reduced based on their degree of responsibility.
Essential Evidence in Whiplash Cases –
- Detailed Medical & Financial Documentation:
Collation of thorough medical documentation is the very basis of a whiplash injury case. Most whiplash injury claims are the result of a Motor Vehicle Accident (MVA), often referred to as simply a car accident. Seeking medical advice promptly after the car accident ensures proper care. Most importantly, it helps to prove a direct link between the incident and the injuries sustained. It is critical that you see a doctor as soon as possible if you have been involved in a motor vehicle collision. Copies should be maintained of:
- The consulting doctor’s notes mentioning the symptoms and diagnosis,
- Treatment plans, which may include the prescribed medications,
- Results of tests or scans carried out e.g. X-rays, CT scans, MRIs – these imaging studies can reveal soft tissue fractures, damage and other abnormalities that may not always be apparent immediately.
Moreover, it is wise to maintain records of the financial losses resulting from the accident and whiplash injury. Such records aid in showing the economic impact of the accident on the injured party’s life and would include:
- Pay stubs, tax returns, etc. as proof of pre-accident income,
- Invoices and receipts relating to the medical expenses & rehabilitation costs incurred,
- Receipts for out-of-pocket expenses, e.g. transportation costs.
- Expert Testimony:
The professional medical opinions of experts, such as orthopedic specialists or neurologists, can strengthen the plaintiff’s claim considerably. Their testimony relating to the causation and severity of whiplash injuries carries a lot of weight in court or during settlement negotiations. It helps to provide a complete understanding of the medical aspects involved.
- Eyewitness Statements, Surveillance Footage & Visual Evidence:
Seek the contact information of any witnesses to the accident. Try to obtain a written statement detailing the events leading up to the accident. Check if any video footage is available – it may have captured the accident and may be valuable evidence to prove the claim.
Eyewitness accounts and surveillance footage can help establish liability by providing valuable information relating to the sequence of events leading to the accident. This external validation can support the injured party’s version of events and counter any attempts to dispute liability.
Photographs and videos taken at the scene of the accident can also help prove the severity and extent of injuries. This may include photographs of the person’s physical injuries, images of the accident scene, the damage to the vehicle, etc. This can be a visual representation and forceful evidence to prove the claim.
- Police Reports:
It is advisable to get a copy of the Official Police Report promptly. These reports document the details of the collision and provide an unbiased account of the accident scene. They include details such as
- Location, date and time of the accident,
- Description of the involved parties and the vehicles,
- Statements of the parties involved,
- Road and weather conditions,
- Traffic violations and citations issued, if any.
While not conclusive evidence, this police report is an essential piece of evidence in any whiplash claim.
- Accident Reconstruction:
In cases where liability is challenged, accident reconstruction experts use scientific methods to recreate the events leading to the whiplash injury. They analyze the circumstances and physical evidence of the collision. This helps to throw light on factors like the vehicle’s speed, impact angles and other critical details that are useful in determining fault. Their findings can be invaluable evidence in supporting a whiplash claim.
Whiplash Injuries Conclusion:
Establishing liability in whiplash injury cases is a complex process. It requires a meticulous examination of the facts backed up by strong evidence. Presentation of compelling evidence, which includes medical records, expert testimony of medical professionals, and accident reconstruction analysis, can help in building up a solid case, ensuring that justice is served and rightful compensation is obtained for the physical and emotional toll of whiplash injuries.