Whiplash compensation for traffic accident

A cervical sprain or as it is commonly called whiplash, is an injury caused by a sudden movement of the neck beyond its normal range.

This type of injury is a very frequent injury that occurs in traffic accidents, due to the collision the trunk moves forward suddenly and at great speed, which causes an opposite movement of the neck, this produces hyperextension of the neck.

When the neck returns to its initial position by flexing it, the movement is too abrupt for a normal functioning of the neck.

It is often called “whiplash” because it usually mimics the movement of a whip when our body contracts backwards and then the neck forwards.

Depending on the severity of the accident and the whiplash we can classify them into 3 types:

- Cervical sprain Grade I

There has been no rupture of the neck tissues, there is hardly any pain, but there may be cervical stiffness and it could happen that the symptoms do not appear until a few hours after the traffic accident.

- Cervical sprain Grade II

Sprain caused by a moderate elongation of the tissues with partial rupture , which may cause a rupture of the tissues with edema. As for the pain, it is imminent and somewhat moderate.

- Cervical sprain Grade III

Sprain that produces an excessive elongation causing a serious rupture and separation of the tissues, which results in great pain and limitation of the mobility of the cervical spine, and vertebral fractures may occur.

The most representative symptoms of whiplash are pain cervical and lumbar, a contracture muscular, limitation in the mobility of the neck, headache, back pain, numb shoulders and hands, cramps, tinnitus (ringing in the ears), vertigo..etc

Suffering dizziness and vomiting after whiplash is normal in people who have suffered this type of injury. Since an injury in the cervical area can trigger this type of effect.

The first effects do not appear until a few hours or days later, so the correct thing to do is to go to a doctor or emergency room to request a report.

The pain and effects produced by whiplash prevent you from leading a normal life and going to work regularly, so many people usually request sick leave from their family doctor to be able to recover at home.

After suffering a traffic accidentand subsequently a whiplash you have surely seen many people with a white collar on their neck. This is one of the techniques to treat whiplash, a collar that is usually placed on the neck for approximately 2 or 3 days to avoid any sudden movement of the neck. It is only recommended for a couple of days since more time could cause atrophy of the neck muscles, and the recovery time could then be longer.

In addition to the collar, anti-inflammatories, analgesics and muscle relaxants are usually taken to withstand the pain produced in the neck by vertical whiplash, but they must always be prescribed by a doctor who determines the treatment to follow.

To be able to treat a whiplash the recovery time should be between one and three months, although it will depend on the type of whiplash you have suffered and the doctor's medical indications.

On the other hand, there may be sequelae from a poor whiplash treatment such as pain when extending the neck, a certain tension in the muscles when moving the neck or even dizziness.

To be able to calculate compensation for whiplash we must first divide it into three parts.

Compensation for days of healing of the cervical sprain

This type of compensation corresponds to the period of time from when the traffic accident occurs until the day of medical discharge. They can be divided into four types:

• Days of very serious damage: When personal autonomy is totally lost to carry out the activities that are carried out on a daily basis. It is compensated at a rate of 100 euros per day.
• Days of serious damage: When personal autonomy is temporarily lost to carry out the essential activities that are carried out on a daily basis. It is compensated at a rate of 75 euros per day.
• Days of moderate damage: When personal autonomy is temporarily lost to carry out a part of the specific activities of personal development that are carried out on a daily basis. It is compensated at a rate of 52 euros per day.
• Basic days: These are the remaining days until total healing occurs. It is compensated at a rate of 30 euros per day.

Compensation for sequelae of cervical sprain

After a traffic accident and cure of the cervical sprain, there may be sequelae, these sequelae are physical or aesthetic deficiencies resulting from the injury.

To know what can be claimed due to the sequelae, you must go to the medical scale, Table 2.A.1, in this table we can see the number of points established for each sequelae.

This scale is a simple orientation, since a medical team is the one that has to establish the number of points for each sequelae.

Within this table, these will be the sequelae that define cervical injuries:

Injuries to the vertebral column derived from minor trauma

• Chronic and permanent post-traumatic algias and/or cervical syndrome and/or aggravation of previous arthrosis (1-5 points).

Injuries to the vertebral column derived from minor trauma

• Chronic and permanent post-traumatic algias and/or cervical syndrome and/or aggravation of previous arthrosis (1-5 points).
• Injuries to the vertebral column not derived from minor trauma
• Post-traumatic vertebral osteitis without medullary involvement (30-40 points).
• Post-traumatic arthrosis without previous history (2-8 points).
• Osteosynthesis material in the vertebral column (5-15 points).
• Wedge/crush fracture (the entire affected segment of the cervical, dorsal or lumbar spine will be considered globally): less than 50% of vertebral height (2-10 points), more than 50% of vertebral height (11-15 points).
• Clinical picture derived from disc herniation correlatable with the accident (the entire affected segment of the cervical, dorsal or lumbar spine is considered globally), (1-15 points).
• Post-traumatic algias: without radicular involvement and/or associated cervical syndrome (1-5 points), with radicular involvement (must be objectified with EMG) with associated cervical syndrome (6-10 points).
• Limitation of mobility of the cervical spine derived from bone pathology (5-15 points).
• Limitation of mobility of the dorso-lumbar spine of mechanical origin: limitation only of the dorsal segment (2-10 points), limitation of both dorsal and lumbar segments (11-20 points).
• Alteration of post-fracture vertebral statics (assess according to curvature arc and degrees), (1-20 points).

And finally, when we know the number of points, we go to the economic scale (Table 2.A.2), where the quantification of compensation for injuries will appear according to said total number of points and taking into account the age of the injured party.

Compensation for patrimonial damage of whiplash

Compensation for patrimonial damage is characterized in two types, «Emerging damage» and «Loss of profit»

• Emerging damage: This is the money spent on healthcare and medicines, travel or rehabilitation that the injured party has had to spend until the injury is cured.
• Loss of profit: This is the decrease in net income from the personal work of the injured party during the period that he/she has been in the healing process. It is calculated taking into account the income of the year prior to the accident.

In the case of needing to request a compensation for cervical sprain, the ideal is to obtain advice from a lawyer specialized in traffic accidents. Since a specialized lawyer is supported by a medical team and technical experts who will help you offer the best coverage for the injuries suffered and will also help you study your case and obtain the highest possible compensation for whiplash.

Lawyers specializing in traffic accidents and traffic can study your case in a personal way and help you with any questions you may have about your accident. You will only have to rest and recover from your accident while they study your case.

In Trafilex we only charge if the client gets their compensation. The client can make the initial consultation completely free of charge.