弁護士法人はるか 交通事故サイト

法律相談予約はこちら

Whiplash-en

What is Whiplash?

Whiplash injury is a type of neck injury caused by sudden movement of the head forwards, backwards or sideways. It occurs when the soft tissues in the neck become stretched and damaged. Whiplash will often get better within a few weeks or months, but for some people it can last longer and severely limit their activities.

Signs and symptoms of whiplash usually — but not always — develop within 24 hours of the injury and may include:

  • Neck pain and stiffness
  • Worsening of pain with neck movement
  • Loss of range of motion in the neck
  • Headaches, most often starting at the base of the skull
  • Tenderness or pain in the shoulder, upper back or arms
  • Tingling or numbness in the arms
  • Fatigue
  • Dizziness
  • Some people also have:

  • Blurred vision
  • Ringing in the ears (tinnitus)
  • Sleep disturbances
  • Irritability
  • Difficulty concentrating
  • Memory problems
  • Depression
  • If you are diagnosed with whiplash, you will most likely receive a medical certificate stating that it will take 2 weeks for the condition to heal. However, in many cases whiplash can take up to 6 months to heal.

    In such as case whereby your injuries take longer time than expected to heal, we can help by getting the insurance companies to pay medical and outpatient travel expenses for the entire duration of your treatment (and not just for the standard 2 weeks).

    On the other hand, if the symptoms of whiplash remain even after 6 months of treatment and the condition does not improve any further, it is recommended that you apply for a compensation for aftereffects.


    Cervical Spine injury

    This is the most common category of severity for whiplash sufferers. The most prominent symptoms include pains in the victim's shoulders and back, heavy headaches, neck pain, pains during exercise, numbness of the upper limbs, and stiffness in the victim's shoulder, neck or back. In some cases, Class 14, No. 9 is recognized as a residual disability, but in many cases it is not applicable.

    In general, in order to be recognized as Class 14 residual disability,

    • The victim's headache shall be constant
    • Consistent complaint of cervical pains from the first medical examination to the point of healing
    • Moderate or higher degenerative or aging changes in the cervix (e.g., herniated disc, osteophyte formation, marked narrowing of the intervertebral space, cervical spondylolisthesis) on x-ray or cervical MRI
    • Neutral examination must satisfy the conditions, such as abnormalities, and medical explanation of the discomfort is required

    Radiculopathy type

    A disorder caused by damage to the cervical nerve that extends from the spinal cord to the exit of the inter-vertebral foramina, and has objective symptoms.

    Specifically

    • Muscle weakness、muscle atrophy
    • Spontaneous pain、 radiative pain、impaired perception (prolapse, bluntness)
    • Abnormal (diminution or disappearance) of the tendon refectation of the upper limb, etc. is a point of diagnosis

    Myelopathic (spinal cord injury)

    This is a disorder in which the spinal canal becomes narrow due to dislocation or fracture of the cervical spine, and the spinal cord is damaged at the narrowed site.

    As for the condition of the upper limbs,

    • Mobility impairment (decline in upper-limb muscles and sophisticated exercise impairment)
    • Abnormal Tendon Reflection
    • Sensory disturbance

    As for the condition of the lower limbs

    • Inability or extreme difficulty in walking
    • Abnormal Tendon Reflection
    • Sensory abnormalities
    • Bladder / rectal disorder (incontinence of micturition, urinary retention, constipation)

    Depending on the damage to the neck, the degree of symptoms and disability varies, and the severity of disability varies. Whiplash is the most common injury caused by traffic accidents, and at the same time it is the most controversial injury related to the need for treatment and the recognition of disability. Acquiring the proper after-effects medical certificate and applying at the right time can be a major advantage in getting the right sum of compensation