Back in the early 1950s whiplash was not recognized as a medical condition. In the 21st century it most definitely is a well-known consequence of car accidents and other mishaps.
It wasn’t until attorneys handling the results of car crashes began to ask questions about the nature of the injuries sustained to the head and neck that the medical profession began to take a closer look at what consequences whiplash really had. On the other side of the fence were the insurance companies whose stated preference was to not compensate for whiplash because it would save millions of dollars. And so it did, until the furor over whiplash injuries became great enough that they had to sit up and take action.
Insurance companies just didn’t “get” that whiplash had the potential to cause disabling pain and because it could not be “seen” then it must not be that bad. Based on that premise the insurance gurus came up with something called Minor Injury Soft Tissue Injury or MIST. The theory behind MIST was that whiplash was merely a psychosocial incident.
In reality of course whiplash is better known as cervical acceleration-deceleration injury and it is incredibly painful. Whiplash doesn’t just affect the neck; it may also damage ligaments, cervical discs, cervical facets and muscles. Recovery is a long and painful process.
Anyone who has suffered whiplash knows the worst manifestation is headaches. At one time insurance companies offered the attitude that headaches were caused by other things. The scientific evidence shows otherwise when dealing with cases of whiplash. The problem in the courtroom, even today, is that there are experts for hire who still claim whiplash victims are suffering because of “other” conditions. It then boils down to a he says/she says proposition that a judge or jury has to sort out in the final analysis.
Thankfully, it appears that recent research demonstrating the obvious connection between whiplash and headaches is beginning to make a dent in the insurance companies dogged insistence that they are not related. Although even the latest research is still being closely questioned in order to find a loophole for the insurance industry to deny claims and save money. Never assume that a person who has sustained a whiplash is “faking” the symptoms. Anyone who has been in an accident that resulted in neck trauma needs to consult with a skilled personal injury attorney to have their case assessed.
Living with constant pain and not being able to work or carry out daily activities, as a result of severe whiplash sustained in a car accident or other mishap, may mean recovering damages in court as a direct result of someone else’s negligence.
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