Accidents on the Road - Car Accident Claims & Legal Advice
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Whiplash is a term that refers to soft tissue
injuries to the back and neck. Back
injury compensation claims commonly
arise from road traffic accidents.
Whiplash symptoms are not always immediately apparent. While perhaps as many as 30 % of RTA victims complain of back pain immediately after the accident, approximately double that number develop symptoms over the following 1-2 days.
Such injuries can occur at very low speeds, particularly in rear end collisions. At speeds of say 5 mph, there may not be very much in the way damage to the vehicle.
Generally speaking, the wearing of seat belts helps save occupants from serious and fatal injuries. However as far as whiplash injuries are concerned, arguments are frequently expressed both ways as to whether the injuries would have been more or less severe if a seatbelt had been worn. Particularly in side-impact collisions, the individual's head would be jerked to the side, and arguably a seatbelt may well have a marginal effect.
Surprisingly, head restraints do not always prevent whiplash injuries. The usual reason for this is that the head restraint is too far behind the back of the person's head.
The majority of whiplash injuries are transitory, clearing up within a matter of weeks or months. Despite this, a small proportion of individuals suffer symptoms that can persist indefinitely.
Whiplash is difficult to detect medically, and for this reason different orthopaedic surgeons may take a differing views of the same injury. Another very important aspect of this type of injury relates to the legal concept of causation. If the accident victim makes a back injury claim but has a pre-existing neck or back condition, then this can in certain circumstances be seen as the true medical cause of the current symptoms.