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Proving Ligament Injury from Whiplash: Are the Odds Stacked Against You?

Research has proven that ligament damage in the spine can result from car accidents regardless of the direction of force. This means someone hit from behind is just as likely to experience ligament damage and resulting pain as someone who was t-boned at an intersection or who runs head first into a tree. Unfortunately, as many car accident victims have discovered, proving ligament injury from whiplash to receive insurance coverage can be quite a difficult task.

Detecting Ligament Injury from Whiplash

Forget trying to prove that you have sustained ligament injury from whiplash after an accident just for a moment. Just getting this type of damage diagnosed and convincing some medical personnel that you are in serious pain from ligament damage can be nerve racking. This is because many people who receive x-rays directly after an accident will not show any signs of ligament damage, even if it has occurred.

Another factor is the delayed onset of symptoms. In many cases there are no signs of a ligament tear or other ligament damage through x-rays and CT scans until months if not years have passed. It is very difficult to pick up this type of damage through these tests and those are the tests which are commonly used to screen accident victims for injuries.

If you go to the hospital and receive these medical tests after an accident, chances are no ligament damage is going to be detected. Unfortunately, that doesn’t mean that no ligament damage exists!

Proving Ligament Injury from Whiplash

Since it can be so difficult just to get diagnosed with ligament injury from whiplash, imagine how difficult it can be to prove to an insurance company, a jury, or a judge in court that you sustained this type of injury as a direct result of one particular accident. If you have delayed onset of symptoms or weren’t able to receive proper diagnosis until days, weeks or months after the accident, things prove even more difficult.

Another factor that makes it difficult to prove in court that your ligament injury is from whiplash, is if you were in a vehicle that was hit from the front or drove into something else. Front end collisions are often assumed to be less likely to produce whiplash injuries, but studies are finding this to be entirely untrue. You can still suffer from whiplash injuries, including ligament damage, if the force exerted on your vehicle came from the front.

One study produced in recent years showed that accident victims showed more changes in ligaments in an MRI screening six years after their accidents than a controlled group that had not experienced accidents. This proves that accident victims with ligament injuries from whiplash could continue to suffer from symptoms, and even discomfort, years after their accident.

The problem is not believing that this type of injury can be sustained through car accidents, but proving the injuries to others so the appropriate support, treatment, and financial compensation can be awarded.

One thing that may help prove ligament injury from whiplash in court or to insurance companies is collecting critical information about the accident which could be seen as factors contributing to this type of injury.

For instance, studies have proven that you are more likely to sustain chronic whiplash conditions if your neck is turned at the moment of impact. The rotation in the neck and shoulders increases the damage sustained when the force hits the body, resulting in more severe whiplash cases. Showing the body position and the fact that your head was turned at the moment of impact could help prove ligament injury claims to others.

Getting an MRI so more serious ligament damage can be detected easier is also a step in the right direction. This isn’t a medical test that is commonly given to all accident victims, so you may need to stand up for your rights and demand the MRI if you are in pain and doctors are struggling to find the cause of your injury.

The sooner you can report your injuries and get help for your pain, the easier it will be to prove ligament injury from whiplash. The longer it takes you to seek help or to report your symptoms of the injury, the less likely others are to believe that you received the injuries through that particular accident.

This article is considered general information only; please consult a medical professional concerning your specific condition.

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  2. Dizziness or Vertigo After a Car Accident: Could Whiplash be the Culprit?
  3. Is It Chronic Pain or Traumatic Brain Injury? Post-Accident Screening & Care is Crucial
  4. Lower Back Pain After a Car Accident: It Could be Related to Whiplash
  5. Chronic Whiplash from Car Accidents – Are You at Greater Risk?