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Whiplash Injuries Lawyer

The force of impact in a car accident causes serious trauma to the body. One of the most common types of injuries resulting from collisions is whiplash. In bodily injury claims, 65% are whiplash-related. While whiplash occurs in many accidents, a neck strain injury could result in health problems that require long-term recovery or cause chronic conditions or permanent disability.

If a negligent driver injures you, you need to ensure your rights are protected under the law. A lawyer understands the serious nature of neck injuries and makes sure your voice is heard by insurance companies or in a court of law. Fielding Law has the experience to represent your case and will fight for the compensation you deserve.

What Is Whiplash?

Whiplash is the forcible impact on the body that causes the neck to move back and forth in a fast, whip-like motion. This jarring injury involves tendons, muscles, nerves, discs and vertebrae. It often happens in rear-end collisions. Whiplash is a misunderstood condition that another party’s insurance company may downplay after an accident. The truth is that severe neck strains can take a long time to heal.

Moreover, if there is a nerve impingement or disc or vertebrae damage, the injury could need medical treatment for years because of chronic pain and degenerative issues. Some neck injuries can be permanently debilitating and affect your ability to work or return to normal daily activities. An attorney understands these complicated issues that result from neck injury accidents and develops your case with your interests in mind.

What Are the Symptoms?

Whiplash results in a variety of often painful symptoms. These are common conditions:

  • Stiffness and pain
  • Loss of neck mobility
  • Headaches
  • Soreness in neck and shoulder regions
  • Numbness and tingling in arms
  • Dizziness
  • Difficulty sleeping

Whiplash can occur at low or high speeds. When impacts occur at higher speeds, the outcome of a neck injury can have devastating consequences.

Why Is It a Serious Injury?

In a twenty-year study on whiplash-associated disorders, patients with prior neck injuries experienced 12% more headaches than people with no history of WAD. Additionally, chronic arm pain and shoulder stiffness were significantly higher in WAD patients. The long-term and debilitating effects of whiplash make it a serious issue for accident victims. These are types of health risks people with whiplash suffer.

Mobility Problems

The damage to ligaments, tendons, discs and nerves after an accident can linger for months to years. Initially, you may have trouble turning your head due to swelling and tenderness, but these issues can become ongoing mobility problems later. The lack of flexibility and movement can affect your entire life.

Chronic Pain

Chronic pain is a serious outcome of a neck injury. People with severe whiplash often have constant aching or intense pain. You need skilled legal representation to recover damages for chronic pain issues caused by the actions of a negligent driver.

Chronic Headaches

Chronic headaches are problematic health issues resulting from whiplash. Many accident victims report radiating (cervicogenic) headaches in the back or sides of the head or the forehead. These headaches can cause intense tiredness, inability to focus, and visual disturbances.


As many as 20 to 50% of whiplash victims experience vertigo. This is a vestibular problem causing intense dizziness or feeling faint. It may seem like everything is spinning when you are still. You may also feel sick and lose your sense of balance. Vertigo is highly disruptive to your life and health.

Degenerative Disc Disease

A severe outcome of whiplash over time is degenerative disc disease. Misaligned or damaged vertebrae can cause the rubbery padding between spinal discs to break down. Whiplash can permanently loosen or damage tendons and ligaments that hold the vertebrae in proper alignment. This issue causes discs to degenerate and may lead to chronic pain and mobility problems that last a lifetime.

Why Is It Important To Get Medical Care After a Whiplash Injury?

You need proper medical care to deal with whiplash injury. If you are injured in a car accident, don’t delay medical treatment. With neck injuries, immediate care can make the difference in healing and how you are compensated for injuries. You may need treatment from a chiropractor, neurologist or orthopedist. It is essential to get the correct diagnosis and treatment regimen. These are tests you may need to discover the extent of your neck problems:

  • X-rays: These radiographic pictures show bone misalignments, displacements, and specific tissue issues.
  • Computed tomography (CT) scan: This test uses computer technology to provide images of the body in slices, with enhanced details of bones and soft tissues.
  • Magnetic resonance imaging (MRI): An MRI provides highly detailed images of the body’s anatomy and physiology that aid in discovering hard to locate injuries and physical damage.

It is important to get legal counsel soon after an accident. Your attorney walks you through the legal process so you have time to concentrate on treatment and healing from your injuries.

Why Should You Hire a Lawyer for a Whiplash Injury?

If you plan to file an insurance claim or a personal injury lawsuit, you need a lawyer to assist you. A whiplash injury lawyer typically has you record a journal to show the changes in your life because of an accident. Your attorney takes care of critical legal matters while you concentrate on healing. A lawyer will provide you with an initial case review to determine the strength of your claim.

Almost 96% of claims in car accidents settle out of court. However, if you handle the claims process independently, you could lose compensation for future medical treatment and other expenses. You may not receive proper compensatory damages for pain and suffering. If your condition becomes chronic or debilitating, you stand to lose a lot by settling fast.

Additionally, Utah is a modified comparative fault state, which means that you can be held responsible for damages in an accident. This can reduce your damage award considerably. Insurance companies will try to put the responsibility for an accident on you, even if their client is liable. Utah also has a 50% rule in damage claims when establishing fault, so if you are found to be more than 50% responsible for an accident, you cannot recover damages. It is crucial to have a knowledgeable personal injury attorney by your side to protect your rights.

How Does a Lawyer Prepare Your Personal Injury Case?

If you can’t settle with an insurance company, you will likely pursue a personal injury lawsuit. This is how your attorney prepares your case:

  • Files complaint
  • Handles pre-trial meetings and motions
  • Manages the discovery process
  • Prepares witnesses
  • Organizes materials and develops your case presentation for trial
  • Provides you with ongoing legal counsel

You may need accident reconstruction specialists and expert testimony at trial, and your attorney takes care of these important legal matters for you.

Choose a Legal Team That Has Your Back

Fielding Law is the team you need on your side when you are hurt in a car accident. A whiplash injury can change your life. A negligent driver who puts you in danger of life-long health complications must be held accountable.

We have experienced attorneys who handle personal injury cases with your interests in mind. We have your back throughout the legal process. We listen to you and give you the close attention you expect. Contact us for a free case evaluation. We’re here to help you explore your legal options.