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Whiplash / Concussion

Based on the similarities of symptoms between a concussion and whiplash injury, the two have been combined for your information and review. Should you have any specific questions regarding these injuries your physician should be contacted immediately.

Concussion:

If you have ever suffered a momentary or extended lapse of consciousness in an accident, there is a substantial likelihood that you have suffered a concussion. A concussion is defined as a clinical syndrome characterized by immediate and transient alteration in brain function including alteration of mental status and level of consciousness resulting from mechanical force or blunt force trauma to the head.

A concussion is caused by an abrupt blow to the head, which is usually suffered in an automobile or other accident, or in connection with a sports-related impact, hit or injury to the head. Such a blow causes the brain escape the cushion of the protective spinal fluid and to violently impact with the inner wall of the skull, which consists solely of bone. The impact of the brain into the skull can cause tearing of the blood vessels, pulling of nerve fibers and/or brain swelling and severe bruising of the brain substance.

Symptoms associated with a concussion include dizziness, headache, ringing ears, nausea, slurred speech, loss of short-term memory, balance problems and confusion. Confusion may be the most notable hallmark of a concussion. The three principal features of confusion are: Inability to maintain a coherent stream of thought, a disturbance of vigilance with heightened distractability and the inability to carry out a sequence of goal-directed movements.

A concussion can affect memory, judgment, reflexes and muscle coordination, as well as cognitive deficits. However, the extent of brain damage caused by a concussion can only be fully and accurately diagnosed by a CAT scan or a Magnetic Resonance Imaging (“MRI”) exam. Only upon obtaining knowledge of the full extent of brain damage and accurate diagnosis of the damage caused by the concussion, should anyone begin settlement discussions with an insurance company.

Oftentimes, an insurance company claims adjuster will attempt to characterize your concussion as a mere “bump on the head” or state that football and hockey players can play their sports after suffering 7,8 or even 10 concussions. The sole motivation of the insurance company’s attempt to minimize the severity of your concussion is to pay less money to you in your concussion case.

Therefore, it is important to discuss your concussion with an attorney experienced in obtaining the maximum compensation necessary to receive the best medical treatment and rehabilitation that a concussion requires.

Whiplash:

Whiplash occurs when a forceful impact causes your head and neck to snap forward and then snap back in an abrupt and uncontrollable motion. The most common cause of whiplash injury is a rear-end collision in an automobile or other motor vehicle accident.

Victims of whiplash injury may develop one or more of the following symptoms:

  • Neck pain and stiffness;
  • Headaches;
  • Pain in the shoulder between the shoulder blades;
  • Low back pain;
  • Pain or numbness in the arm and/or hand;
  • Dizziness;
  • Ringing in the ears;
  • Blurred vision;
  • Difficulty concentrating or remembering;
  • Irritability, sleep disturbances, and/or fatigue
In order to properly diagnose and treat your whiplash injury, it is essential to visit your family physician or neurologist immediately following the accident giving rise to your injuries. Like other complex personal injuries, a whiplash injury may escape the standard X-ray. To diagnose your whiplash injury, a physician will most likely request a variety of radiological tests, including but not limited to a CT scan and/or MRI.

Previously, whiplash injuries were treated with that all too familiar cervical collar (or neck brace). However, the medical science surrounding whiplash injuries now suggests early movement of the neck and spine, rather than immobilization. A cervical collar may still be utilized for a short period of time following the initial injury and intermittently thereafter.

To fully recover from a whiplash injury, it may require the coordination of a medical doctor or neurologist, a physical therapist, massage therapist, chiropractor and other medical providers. Based on the medical expenses, wage loss and pain-and-suffering incurred by whiplash victims, it is necessary to retain an attorney experienced in representing whiplash victims to ensure you receive the maximum monetary compensation which you are entitled to under the law.

Contact Information:

To discuss your concussion or whiplash injury with an attorney, or to inquire about your legal rights associated with your injury, please contact us by telephone today to schedule a free consultation, or if you prefer to submit a confidential electronic written inquiry, please email us at: info@fosterinjurylaw.com.

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