Oklahoma Whiplash Injury

Webster’s Dictionary defines whiplash as, “injury resulting from a sudden sharp whipping movement of the neck and head.” While this is an extremely general definition, it’s also quite accurate in terms of defining and identifying the cause of this injury. Whiplash is also a ‘common’ term that’s known by most people, doctors and non-doctors alike, but there are also specific symptoms that are generally in place when a person suffers from whiplash.

Whiplash Symptoms

Whiplash can present itself in a variety of ways. The basic underlying cause of whiplash and its resulting symptoms is that muscles, tendons and ligaments are suddenly and violently stretched beyond their normal capacity. Some of the symptoms of whiplash are soft tissue pain, muscle pain, extreme back pain, pain in the back of the head, pain in the shoulders and chest, difficulty swallowing, a buzzing sound in the ears and blurred vision.

Whiplash Causes and Whiplash Recovery

As is the case with the types of symptoms that can be associated with whiplash, there are several different causes of this condition. In the legal sense, the most common cause of whiplash is a car accident, specifically when a driver is rear-ended by another driver. This is logical, because when a driver is rear-ended, he or she is violently thrust forward in an unnatural manner, and the majority of the time that this happens, this movement is unforeseen by the victim, meaning that he or she does not have an opportunity to brace him or herself for the impact. However, car accidents are not the only cause of whiplash – any violent act that results in this body motion can lead to this result.

The recovery from whiplash also varies. In mild cases, the victim often heals within a few days or weeks. However, when the condition is more severe, the victim could face months or longer of intensive physical therapy, and even surgery if the discs in the back have been negatively affected by the original injury.

Whiplash, Negligence and Legal Claims

When someone is inflicted with whiplash and pursues a legal claim for damages, the most common standard used to determine liability is that of negligence. This does not mean that intentional conduct that leads to whiplash cannot be prosecuted, but that involves a different standard of proof.

Basically, when a person sues another for whiplash based on negligence, he or she must prove four components of evidence in order for liability to attach.

Duty and Liablity:The plaintiff must prove that the defendant owed a duty of care to the injured party.

Breach of Duty The plaintiff must show that the defendant breached this duty of care by showing that the defendant failed to do what another, ‘reasonable’ person would have done in the same situation.

Causation:This is a difficult element of proof, as the plaintiff must show that the defendant’s breach of the duty of care either directly or indirectly led to the injuries the plaintiff suffered.

Damages and Whiplash:Finally, the plaintiff must show that he or she has suffered loss as a result of this action. This can be proven by way of economic damages, including lost wages and medical costs, but can also be shown by way of proving pain and suffering and emotional distress.

Hiring an Oklahoma Lawyer

As you see, whiplash is a common and serious problem for those who have been victimized by the actions of others. It’s also not necessarily easy to prove, which is why if you or someone you love has been injured by someone else, you need to contact a personal injury lawyer at the Oklahoma law firm of Atkins & Markoff today to schedule an initial consultation.