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Whiplash Is a Genuine Personal Injury
Back in the early 1950s whiplash was not recognized as a medical
condition. In the 21st century it most definitely is a well-known
consequence of car accidents and other mishaps.
It wasn’t until attorneys handling the results of car crashes began
to ask questions about the nature of the injuries sustained to the head
and neck that the medical profession began to take a closer look at
what consequences whiplash really had. On the other side of the fence
were the insurance companies whose stated preference was to not
compensate for whiplash because it would save millions of dollars. And
so it did, until the furor over whiplash injuries became great enough
that they had to sit up and take action.
Insurance companies just didn’t “get” that whiplash had the potential
to cause disabling pain and because it could not be “seen” then it must
not be that bad. Based on that premise the insurance gurus came up with
something called Minor Injury Soft Tissue Injury or MIST. The theory
behind MIST was that whiplash was merely a psychosocial incident.
In reality of course whiplash is better known as cervical
acceleration-deceleration injury and it is incredibly painful. Whiplash
doesn’t just affect the neck; it may also damage ligaments, cervical
discs, cervical facets and muscles. Recovery is a long and painful
process.
Anyone who has suffered whiplash knows the worst manifestation is
headaches. At one time insurance companies offered the attitude that
headaches were caused by other things. The scientific evidence shows
otherwise when dealing with cases of whiplash. The problem in the
courtroom, even today, is that there are experts for hire who still
claim whiplash victims are suffering because of “other” conditions. It
then boils down to a he says/she says proposition that a judge or jury
has to sort out in the final analysis.
Thankfully, it appears that recent research demonstrating the
obvious connection between whiplash and headaches is beginning to make
a dent in the insurance companies dogged insistence that they are not
related. Although even the latest research is still being closely
questioned in order to find a loophole for the insurance industry to
deny claims and save money. Never assume that a person who has
sustained a whiplash is “faking” the symptoms. Anyone who has been in
an accident that resulted in neck trauma needs to consult with a
skilled personal injury attorney to have their case assessed.
Living with constant pain and not being able to work or carry out
daily activities, as a result of severe whiplash sustained in a car
accident or other mishap, may mean recovering damages in court as a
direct result of someone else’s negligence.
To learn more, visit Lawbarron.com.
Company Snapshot
The Law Offices of Deborah Barron
1900 Point West Way Suite 200
Sacramento, CA 95815
P. 916.486.1712
http://www.lawbarron.com/