Strategy For Proving Whiplash In Court

No one would deny the fact that at the time of a collision, the driver and passengers in any of the colliding vehicles feels both forward and backward forces. Those forces can damage a weak region of the body, such as the neck. Those facts seem obvious.

Still, a lawyer appreciates the challenge posed by trying to prove whiplash in court. A whiplash injury is one that affects the neck, and one that has been caused by forward and backward forces on that same region of the body. It needs to be treated, because it can lead to traumatic brain injury or other brain-related issues.

What is the connection between an injury to the neck and harm to the brain?

As a neck snaps, the brain gets tossed around in the head. It may even hit the walls of the skull. That is why the victim of a whiplashing needs to get immediate medical care.

Unfortunately, some of the symptoms of whiplash copy the complaints that children tend to make to parents. Hence, the parent of a child that has been in a car accident might not recognize the evidence of such symptoms. For example, a parent might hear from a son or daughter, a complaint about trouble sleeping, ringing in the ears or even about dizziness. The parent might try to get a diagnosis of the problem, but with no success.

Cases that involve whiplashing highlight the reasoning behind the absence of a statute of limitations for the filing of a lawsuit, when a child has been injured. It may take time for the full effect of the whiplash-caused injury to become obvious. Even symptoms such as blurred vision might be overlooked, or attributed to pressure. Pressure or lack of sleep in a teenager would seem like a logical explanation for blurred vision. Why would anyone give thought to an accident that had happened much earlier?

How to make sure that more attention gets paid to such symptoms

The method that gets more attention paid to such complaints is the same one that helps to prove whiplash in a courtroom. It concerns the keeping of good records. The patient should keep a record of the times that he or she felt dizzy, fatigued, depressed, at a loss to remember something, stiff in the neck or unable to move the neck. The patient should note any time when he or she sensed a ringing in the ears or a pain in the upper back.

The patient’s record can then be presented at the time of a doctor’s visit. In that way, evidence of the symptom’s emergence will get entered into the doctor’s records. Those same records can be used by an Injury Lawyer in Stouffville, if an insurance company has denied whatever benefits are due the victim of a whiplash-caused injury. The lawyer’s case can be strengthened as well by mention of any medical conditions that the child-victim had suffered at the time of the accident.