Whiplash compensation: key points for 2022
What is whiplash and why is it controversial?
In this post, we're going to analyze one of the most common post-traumatic injuries: cervicalgia, or whiplash. This neck pain typically also affects the upper back. This injury, estimated to affect 15-20% of those involved in traffic accidents, is a source of controversy. And 2022 will be no different.
One of the most contentious issues between lawyers and insurance companies is the impartiality of the professionals who must assess these injuries and their long-term consequences. On one side, lawyers specializing in traffic accidents, and their medical experts, try to obtain the maximum possible compensation for the accident. On the other side, insurance companies attempt to avoid paying compensation while simultaneously using administrative procedures to block the rehabilitation sessions necessary for the injured party's recovery.
In many cases, these companies argue that the injury is not a consequence of the accident, but rather a pre-existing condition. They ignore the fact that whiplash , the term used to describe the acceleration and subsequent deceleration of energy transmitted to the neck as a result of an impact, is the cause of the injury and the reason for compensation.
Historical origin and safety measures against whiplash
Studies in this field date back more than 100 years. Originally linked to the railway industry, they were called the "railway passenger column ," and their consequences included train accidents, especially collisions and derailments.
If we analyze passenger cars of our generation, we see how the mandatory inclusion of headrests in the seats aims to be a safety measure to mitigate the consequences of collisions. The introduction of airbags also seeks to provide this same safety feature.
The debate surrounding the existence of this condition must be viewed within an economic context stemming from the compensation claims that insurance companies must pay out, given that, according to recent studies, more than 30% of all claims filed in the United States in the last two decades originate from whiplash syndrome. Furthermore, in a country like Japan, 50% of compensation paid to policyholders is due to this same condition.
Why is the advice of a specialist lawyer key?
With all that has been said, it is clear that this injury is comprised of physical factors, mechanical components, safety standards, and medical assessments. All of this is determined by a readily recognizable clash of economic interests. On one hand, there are the interests of an injured party, usually as a result of a traffic accident. On the other, there is an insurance company that attempts to limit the cost of the patient's medical recovery and tries to obscure the link between the accident and the resulting injury, while simultaneously refusing to pay for the resulting permanent damage.
For all the reasons mentioned above, anyone who has been in a traffic accident should consult a specialist lawyer. These professionals have the knowledge and experience to assess the consequences of the accident. Furthermore, when determining the appropriate compensation, they use their own medical experts and present their financial claims to the insurance company responsible for payment.
It's worth reiterating what was mentioned in other posts regarding the cost of these lawyers. They are usually free. Your insurance policy includes legal liability coverage that, in most cases, covers the full fees of these professionals.
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