Car accidents can lead to many different kinds of injuries, some of which might not show symptoms right away. One common injury that can be especially tricky to diagnose and treat is whiplash. In many cases, whiplash symptoms appear days after the accident. This can make it harder to prove and pursue compensation for whiplash.
If you’ve been in a car crash and developed delayed onset whiplash, you may be wondering: can I sue for this injury? Let’s explore what exactly delayed onset whiplash is, how it can impact your life, and what you can do to seek compensation.
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What is Delayed Onset Whiplash?
Whiplash is a soft tissue injury that typically occurs when your neck is suddenly and forcefully jolted back and forth, like during a rear-end collision. The sudden movement can strain muscles, ligaments, and tendons in the neck.
While some people may feel immediate pain after the accident, whiplash symptoms can sometimes take hours or even days to fully develop. This is what is known as delayed onset whiplash (also called late whiplash syndrome or LWS).
Delayed whiplash often involves the following symptoms:
- Neck pain or stiffness
- Headaches
- Dizziness
- Shoulder pain
- Limited range of motion in the neck
- Numbness or tingling in the arms
- Difficulty concentrating (often referred to as “whiplash-associated disorder”)
Whiplash can last for days or even months or years. In worst-case scenarios, it can lead to long-term disability and trigger mental health issues like depression and anxiety.
Can You Sue for Whiplash After a Car Accident?
The short answer is yes, you can sue for whiplash injuries sustained in a car accident, including delayed onset whiplash. The process is essentially the same as suing for any other injury resulting from a car crash, but there are specific considerations when it comes to delayed onset symptoms.
To file a successful lawsuit, you’ll need to meet several legal requirements:
- Proving Fault: In a car accident lawsuit, you must demonstrate that the other driver was at fault. This could involve showing that they were speeding, distracted, or negligent in some way.
- Medical Documentation: You’ll need medical evidence that links the car accident to your whiplash injury. Documentation from a physician is crucial here.
- Proving Damages: You need to prove the extent of your injuries and how they have affected your life. This can include showing medical bills and documentation of lost wages. You can also detail non-economic damages, like pain and suffering. Pain and suffering can include physical pain, emotional stress, loss of enjoyment of life, anxiety, etc.
- Timeliness: In many states, there are specific time limits, known as statutes of limitations, for filing a personal injury lawsuit. In Nevada, you have two years from the time of the accident to file a personal injury claim.
Challenges with Delayed Onset Whiplash Claims
1. Difficulty Proving the Injury
Whiplash is often considered a “soft tissue” injury, which means it may not show up clearly on diagnostic imaging like X-rays or MRIs. Whiplash can cause significant damage to the neck muscles and ligaments. However, because these injuries may be invisible, proving them can be tricky. The fact that your symptoms did not appear immediately after the crash may make it more difficult to prove your case.
2. Insurance Company Disputes
Insurance companies want to protect their bottom line, so they will often dispute claims. This is especially the case with delayed-onset whiplash because they see opportunities to show that your pain and the car crash are not connected. They may try to pass your pain off as a remnant of a past injury.
And because soft tissue injuries can be harder to prove with radiology tests, they may find it convenient to argue that your symptoms aren’t severe enough to warrant compensation. If you’re dealing with insurance disputes, having a skilled car wreck attorney can help you navigate the process and negotiate a fair settlement.
3. Burden of Proof
In legal cases, the burden of proof typically lies with the plaintiff (the person filing the lawsuit). This means that if you’re suing for delayed onset whiplash, it will be up to you to prove that the car accident caused the injury. You’ll need to demonstrate that your symptoms weren’t pre-existing, that they developed due to the accident, and that they are significant enough to merit compensation.
How to Strengthen Your Case
There are steps you can take to strengthen your case if you plan on suing for delayed onset whiplash:
1. Seek Immediate Medical Attention
It’s best to see a doctor immediately after a car accident, even if you don’t show symptoms right away. A skilled doctor can detect latent injuries and keep you from making them worse. If you’ve passed that window and are now experiencing symptoms, see a doctor as soon as possible. This helps ensure you get the proper treatment and documentation for any potential claims down the road.
2. Follow Through with Treatment
After your initial doctor visit, be sure to follow through with any prescribed treatments, such as physical therapy, pain management, etc. The more diligent you are about your treatment, the stronger your case will be.
3. Keep a Detailed Record of Symptoms
Keep a daily journal of your symptoms, including when pain or stiffness starts, how it affects your daily life, and any changes over time. This journal will help demonstrate the progression of your injury and its impact on your life.
4. Gather Accident Documentation
The more evidence you have about the accident itself, the better. This can include police reports, witness statements, photos of the scene, or any other relevant documents. Having clear evidence that the other driver was at fault can make it easier to win your case.
5. Stay Off of Social Media
Insurance companies have been known to watch people’s social media accounts and use their posts to disprove their claims. If you’re saying that you have painful whiplash that limits your activity and then post pictures of yourself playing sports, dancing, etc., you could jeopardize your case. A good general rule is to stay off of social media while your personal injury case is in progress.
What Compensation Can You Receive?
If you successfully win your lawsuit or settle with the insurance company, you may be entitled to several types of compensation. These can include:
- Medical expenses (past and future)
- Lost wages due to missed work days (past and future)
- Pain and suffering for physical and emotional distress
- Property damage, such as car repair or replacement
- Other expenses related to your injury (e.g., transportation to doctor’s appointments, child care expenses, etc.)
Conclusion
Winning your car accident claim for delayed onset whiplash can be challenging, but it is not impossible. At Tingey Injury Law Firm, our Las Vegas car accident attorneys have helped many accident victims build winning legal cases for their whiplash—even when their symptoms developed days after their accident. Contact us for a free case evaluation.