Throughout Canada, whiplash injuries are the cause for over two million insurance claims each year and cost an average of C$600 million per year.
Whiplash is essentially an injury occurring to the neck by a sudden stop. This causes the head to move back then quickly jerk forward, similar to the motion of a whip. These motions cause the muscles and ligaments in the neck to stretch beyond their regular range of motion and damage neck tissue, which causes painful, yet non-life-threatening injuries.
Have you or someone that you love suffered a whiplash injury in a collision that was caused by another motorist?
At the law offices of Greg Monforton & Partners, our team of Windsor car accident lawyers believes the victim may be able to receive compensation for his or her losses and damages. Compensation may range from medical expenses to pain and suffering. We have years of experience helping a variety of victims recover compensation for their losses. Our lawyers will fight hard on your behalf to help you seek the compensation you deserve for your whiplash injury. Founding partner Greg Monforton has been chosen as one of the Best Lawyers in Canada every year since 2006. He has also been included in the LEXPERT directory for personal injury.
During a free consultation, we will be able to discuss your legal rights. If you decide to move forward with your case, you will not be charged for our services unless we receive favorable compensation on your behalf.
Call us today (866) 320-4770 for your Free Case review.
Causes of Whiplash Injuries
In most cases, whiplash injuries are caused by automobile accidents where the vehicle being traveled in is stationary, and another vehicle collides from behind. Rear-end collisions are thought to be the primary cause of these accidents because they cause both the head and neck to hyper-extend while the seat is pushing the torso forward. The head and neck are then thrown into a hyper-flexed position.
This creates the whip motion which strains the muscles and ligaments of the neck. Minor whiplash cases usually go away on their own after a few days, but severe whiplash cases may last from a few months to a few years.
The most common causes of whiplash include:
- Automobile accidents
- High-impact sports
- Slip and fall accidents
- Physical abuse
As auto accidents continue to lead the way in causing whiplash injuries, individuals can do their best to prevent injury by sitting in an upright position while driving. This will help to prevent the unnatural movements that cause these types of injuries.
If you suspect that you are suffering from whiplash, it is recommended to seek medical attention immediately to address your injury.
Symptoms of Whiplash Injuries
Whiplash may result in limited neck movement or tender muscles. Typically, a person who is suffering from whiplash will develop symptoms within 24 hours or even a few days after the accident. Unfortunately, it is not uncommon for a number of individuals who have experienced whiplash to experience long-term problems.
A few common short-term symptoms of whiplash include:
- Arm pain
- Arm weakness
- Back pain
- Blurred vision
- Ringing in the ears
- Neck pain and stiffness
- Problems with memory
- Jaw pain
- Restricted range of motion of the neck and head
- Cervical pain and stiffness
Common long-term symptoms of whiplash include:
- Drug dependency
- Post-traumatic stress syndrome
- Sleeping problems
- Social isolation
If you are suffering from any of the above symptoms after an auto accident, you could be suffering from a whiplash injury and should consult a physician as soon as possible. As soon as you seek the medical treatment you need, consider contacting Greg Monforton and Partners for your free case review to discuss your legal options. There is no legal obligation and we do not receive compensation unless our clients do, so there is no risk to you.
Fill out a Free Case Evaluation form to get started.
Whiplash Injuries for Women and Senior Citizens
Studies have shown that senior citizens and women that have low muscle mass and have flexible necks are at an increased susceptibility to whiplash injuries. This is especially so in an instance where the head and neck are quickly moved back and forth in a ruthless manner.
When these individuals suffer whiplash it can cause much more severe problems compared to men and those who are not senior citizens.
Some of these types of injuries include:
- Aches and pain throughout the body
- Musculoskeletal conditions
- Neck sprain
- Reoccurring neck conditions
- Spine conditions
If you are suffering from a whiplash injury that was caused by the negligence of another individual, you may be eligible to receive compensation for your losses by speaking to one of our auto accident barristers at Greg Monforton and Partners today.
Treatment of Whiplash Injuries
There are a number of different techniques used to treat whiplash injuries. The appropriate treatment depends on the severity of the injury and the symptoms present.
One of the best things an individual suffering from whiplash can do is recognize the cause, treatments, and outcomes of the injury; this will help the person to achieve a full recovery.
It is often the case that individuals will not take the necessary steps during the initial phase of the injury, and these symptoms eventually turn into chronic symptoms.
Individuals who believe they are experiencing a whiplash injury should always seek medical treatment. Your physician will likely give you a physical exam to determine the severity of injury. Physical exams will test your range of motion and determine which muscles are not properly functioning.
You may undergo x-rays or other imaging tests to confirm your injury. However, it is common that x-rays do not pick up the injury, calling for additional, more expensive tests like a CAT scan or MRI.
After diagnosing the injury, your doctor may prescribe a few treatments, such as:
- Medications: Types of medications can include painkillers, injections of lidocaine, and muscle relaxants.
- Therapy: This consists of physical therapy by methods of specific movements that combine the use of ice, heat, ultrasound, and manual therapy.
- Foam Collars: These should only be worn three hours at a time, unless you are sleeping. Foam collars are known to decrease muscle mass and strength which hinders recovery and recovery time.
Of course, there are other forms of treatment that individuals may select to treat whiplash, however, these are the most commonly used by medical professionals today. If you are suffering from a whiplash injury, contact a whiplash injury lawyer today to get the legal answers you need.
Do I Have a Personal Injury Case?
After experiencing a car accident and dealing with injuries like whiplash, you may be wondering if your case is strong enough to seek compensation. During your free consultation, our trusted lawyers will let you know if you have a case by establishing these crucial elements:
- Negligence occurred: In order to hold the other party accountable for the injuries you have endured because of an accident, your lawyer must be able to prove that the other party acted recklessly or negligently, and the accident occurred because of those actions.
- The negligence caused your injury: Our lawyers will need to prove that there is a link between the accident and the other party’s negligence and your injury.
- Your injury resulted in damages: It is simply not enough for your injury alone to justify compensation. Your car accident lawyer will need to show that you suffered damages, either financial or noneconomic damages because of the accident. Your lawyer should be able to prove this with medical records, medical expenses, and lost wages from your place of employment.
If your whiplash injury has caused you to suffer losses, speak to one of our whiplash injury lawyers today to get started on your case.
Compensation for Whiplash Injuries
Ontario’s Ministry of Transportation reported 35,972 fatal and personal injury collisions in 2016 with rear-end accidents as the most common type of accident accounting for 9,821 collisions. Car accidents can cause severe damages, but when it comes to a whiplash injury, it is difficult to prove you suffered damages as the effects can be highly subjective. This type of pain cannot be shown visually or in a medical test.
Lawyers rely on medical records that document the patient’s complaints of pain, examinations, treatment and medications. That is why it is crucial to seek medical attention following an accident. The documents and notes your physician records will make your injury claim that much stronger against insurance companies who want to devalue your claim to pay you less than what you deserve.
Some economic forms of compensation you may be awarded include all the financial losses your injury causes such as:
- Current and future medical bills
- Prescription medications
- Lost wages to compensate you for lost working days
- Vehicle or other property damage
Noneconomic compensation can be awarded for the psychological and emotional damages you suffer. These losses may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
However, Ontario has a cap on noneconomic damages, which is currently around $370,000.
Accident victims can help their claim by keeping a daily journal that details everything relating to the injury beginning as soon as the accident occurs and throughout their treatment. Some of the details you could include in this journal are:
- Medications taken each day
- A pain scale from morning to evening
- Activities you cannot partake in
- Treatments performed each day
Do not hesitate to take action right away. Call our law firm so that we can get started on pursing compensation for the damages your whiplash injury has caused you to suffer.
How Long Do I Have to File a Claim?
If you plan on filing a claim to obtain compensation for your injuries, it is important that you file right away because your claim has an expiration date.
In Ontario, the law mandates that all personal injury claims be filed within two years from the date of the accident. This follows the presumption that the person filing the claim is already aware that the accident is the result of another person’s negligence.
If you wait too long to file a claim your case will likely be dismissed and you will lose the change to pursue the compensation you deserve.
Other car accident claim deadlines to be aware of include:
- Seven days – You have seven days to notify your insurer about the accident.
- 30 days – Within 30 days, you must submit an accident benefits application.
- Three months (120 days) – Within three months, you must provide written notice to the at-fault individual if you plan to file a lawsuit against him or her.
- One year – Within one year of the date of the accident, you must file a lawsuit for vehicle damage.
- Two years – After the accident, you have up to two years to file a personal injury lawsuit against the at-fault party or the insurer.
Contact a whiplash injury lawyer right away to avoid running out of time to take legal action.
Why Hire a Whiplash Injury Lawyer?
After experiencing an accident, many people opt to handle their claim on their own in fear of additional costs of hiring a lawyer. This is unfortunate because many people are not experienced in the legal process and may accept an offer for much less compensation than they deserve. That it is why it may be in your best interest to hire an lawyer who understands the law to represent your claim.
A Windsor whiplash injury lawyer will understand how to handle your case, from filing proper documentation to handling communication with insurance companies. Your lawyer will help you build a strong case by gathering evidence you need in order to prove that your injuries are the result of another person’s negligence. This includes:
- Obtaining accident reports and police reports that detail the accident
- Gathering witness statements
- Summing up the total amount of damages you suffered and determining how much your claim is worth
- Having your medical records analyzed by expert physicians
Our lawyers have many years of combined experience with personal injury cases. We understand that insurance companies are businesses that protect their own interests, but we will not settle for anything less than what you deserve.
Our lawyers not only have access to expert witnesses to help prove your case, we also have the extensive legal knowledge to tackle every legal obstacle that may come up. Contact one of our qualified lawyers today for a 100 percent free consultation. He or she will be able to provide the legal answers you need to move forward with your case.
Get started today by calling (866) 320-4770.
Need Help? Contact an Experienced Auto Accident Barrister
If you or someone you love has been involved in a car accident that resulted in a whiplash injury, the victim could be eligible to receive compensation for their losses. In some instances, an individual may have lost someone he or she loved, which could result in a wrongful death lawsuit.
At Greg Monforton and Partners, we are dedicated to protecting the rights of all Ontario citizens, and have a strong history of helping clients receive the MAXIMUM compensation benefits they deserve from their tragic incident.
With our office in Windsor, we are able to serve the entire province of Ontario.
A few areas we serve include:
…. and many more.
For more information about how our auto accident barristers can aid you during your time of need, or to schedule a free no-obligation consultation, contact us today at (866) 320-4770 and a member of our intake staff will refer you to one of our experienced barristers who is best suitable to take your specific case in the court of law.
Start here, simply fill out the Free Case Evaluation form on this page. It is free to send and strictly confidential.