Whiplash is an all-too-common consequence of many car accidents. But what is it? Whiplash occurs when a person neck snaps like a whip causing neck injury. Most people improve from whiplash with medication and exercise. More severe forms of whiplash result in chronic neck pain and long-lasting complications.
Rear-end car accidents are the most common whiplash culprits. But whiplash also is caused by physical abuse, sports injuries, and other accidents. If you were diagnosed with whiplash after a California car accident, contact a whiplash lawyer as soon as possible to improve your chances of a monetary recovery.
What are the Symptoms of Car-Accident Whiplash?
The symptoms of whiplash include the following:
- Back pain.
- Dizziness similar to concussion.
- Head or neck pain that worsens with movement.
- Abnormal burning sensations.
- Muscle spasms.
- Stiff neck or back muscles.
- Ringing in the ears.
- Concentration problems
- Blurred vision.
- Sleep disturbances.
- Pain that spread to the arms
- Anxiety, Fear, Avoidance of cars.
Most people heal from whiplash within a few weeks. Others develop chronic injury that haunts them for decades. Spinal injuries often are silent killers. On the day of the accident, the victim feels fine but is left in severe pain for decades to come.
Some people are more prone to severe injury. The following risk factors make a person prone to greater injury from whiplash:
- High-velocity injury.
- Prior incidences of whiplash.
- Older age.
- Pre-existing back issues.
If you are rear-ended, go to the hospital to rule out neck damage or other injuries. Also, call law enforcement. Sometimes the symptoms of whiplash are delayed 48 hours after the accident. If you continue to feel pain in the weeks after your accident, visit your physician. This will protect your health and your legal claims because medical records document your whiplash injury.
Proving Fault in a Whiplash Collision
In car accidents, the driver that rear-ends the car in front of it is often liable for the accident. The state of California is an “at-fault” state for auto insurance. The person that caused the accident will likely be “at fault”. If you have been rear-ended, the at-fault driver will likely be legally liable for your damages related to your injuries.
California law provides that car-accident victims are entitled to compensation for injuries resulting from the negligence of another driver. There are always exceptions to this general rule. If you have questions regarding your legal rights, contact an attorney for help navigating the legal process.
Statute of Limitations for Whiplash Injury in California
The statutes of limitations exist for both civil and criminal cases. The statute of limitations begins to run from the date of the injury, or the date it was discovered, or the date on which it would have been discovered with reasonable efforts. If you do not file a lawsuit during the statute of limitations, you may have missed the window in which you may file a lawsuit. However, it is best to contact an attorney for advice on the statute of limitations as it relates to your claim. The State of California generally allows car accident victims two years from the date of the accident to file a personal injury lawsuit.
However, the COVID-19 outbreak has impacted the statute of limitations in some cases. Some courts are tolling (pausing) the civil statute of limitations periods during the coronavirus pandemic to reduce court overcrowding. Check your court’s website to learn whether your state has implemented such measures.
How Can Warren Major LLP Help Me with My California Injury?
If you suffered whiplash in a car accident, your injury could be more significant than you think. Don’t let the at-fault driver or an insurance company dismiss your claim as a minor injury. Call an experienced car accident lawyer in San Francisco California at Warren Major LLP for a free consultation.