Whiplash is a common complication following a collision or other swift trauma to the cervical spine. It is difficult to pinpoint the exact cause medically, but people who suffer from car accident whiplash symptoms can reliably report that no symptoms existed before a traumatic event, while symptoms appeared after the incident in question.
In a court of law, judges and juries rely on sworn testimony by the affected party regarding how their quality of life has been negatively impacted following a traumatic incident. The cause is usually a motor vehicle accident, but any situation that causes the affected party to experience a sharp and sudden jerk of the head forward and back in quick succession has the potential to damage the spinal nerves. A medical examination is required to substantiate the plaintiff’s claim of injury. This includes physical examination, radiography, computerized tomography, nuclear imaging, or even exploratory surgery. People who suffer from whiplash often undergo a regimen of physical therapy to correct the damage done.
Nerve impingement is difficult for medical professionals to diagnosis directly. The diagnosis, and following prognosis, are often determined by the presenting symptoms. If pain and reduced range of motion were not apparent before an incident, but are experienced afterwards, it is a reasonable conclusion that the incident caused cervical nerve damage. While this is accepted in the field of medicine, which deals with treating the problem at hand, it is difficult to prove causality in a court of law.
In a court of law, a judge or jury will establish the circumstances in which a purported injury occurred. Then, according to attorney arguments, they will decide if the claim for damages has merit based on the available evidence. Both reliable personal and professional medical testimony are key to this phase of the process. When a professional attorney guides a case through court, all parties will receive satisfactory resolution.