Compensation for whiplash in traffic accidents

What is a whiplash?

Cervical sprain or commonly called whiplash is an injury caused by hyperextension or sudden hyperflexion of the neck, beyond its normal range of motion, and usually affects the muscles, nerves, tendons of the neck and even discs. , causing herniated discs in the most severe cases.

In an accident, the movement made by our spine is similar to the movement of a whip, since when we receive the impact from behind, our body moves forward and at the same time our head stays behind and immediately afterwards our body will go backwards and our head So, although the injury itself is commonly called  whiplash,  the truth is that this term describes the causal mechanism by which the injury itself is produced. This injury is the most common in traffic accidents.

Cervical sprain symptoms

The  most representative symptoms of whiplash  are the following: neck pain (cervicalgia) radiating to the shoulders and arms, back pain, dizziness, vomiting, paravertebral muscle contracture, headaches or headaches, neck and shoulder stiffness, cramps, ringing in the ears, dizziness, decreased strength, tingling in the arms, hands or fingers (paresthesia), etc. In some cases there may also be psychological symptoms such as irritability, depression or post-traumatic stress.

It is possible that just after suffering the accident and when hot, some of these symptoms are not appreciated, however, when it cools down, the discomfort will begin. Both medically and in order to obtain fair compensation, it is important that you go to an emergency health center as soon as possible after suffering the accident.

Cervical sprain diagnosis

The diagnosis of whiplash is usually made by examining the injured by the doctor, an X-ray, or if necessary by magnetic resonance imaging or other complementary tests. However,  cervical sprain  is often difficult to diagnose due to the lack of objectivity of the exploratory data (muscle tone, limitation of mobility, etc.) or only to the patient’s own pain manifestations that are not susceptible to medical verification.

Cervical sprain treatment

Until a few years ago, immobilization of the neck using a cervical collar was recommended to treat whiplash, currently it is usually prescribed only for the first few days after the accident, since prolonged use of the collar can increase the stiffness of the area. and thus delay healing.

Normally, the  treatment to cure a sprain or whiplash  consists, on the one hand, of taking anti-inflammatories, analgesics and/or muscle relaxants, and, on the other hand, of performing rehabilitation in order to recover the neck muscles. Some techniques used in rehabilitation are electrotherapy, ultrasound, infrared, massage, etc…

The recovery process usually lasts between one month and three months, although in the most serious cases it can take longer. In certain patients, complete cure is not achieved and permanent sequelae may remain.

Although if you have come this far it is probably already too late, you should know that many injuries of this type would be avoided with the proper use of the headrests of the car seats, it must be adjusted according to the height of the occupant and between the head and the headrest it must be There should be a distance of approximately four centimeters.

Types of cervical sprains

Cervical sprains can be classified according to their severity in:

• Grade I:  Minor stretching of the neck tissues without any breakage, without neurological involvement. The pain is minor, cervical stiffness may appear and in certain cases the symptoms may not appear until hours and even days after the accident.

• Grade II:  This is a sprain produced by a moderate elongation of the tissues with partial rupture, without neurological involvement. The pain will be immediate and moderate, possibly limiting the mobility of the cervical spine. Edema can be significant after a few hours.

• Grade III:  This is a serious stretch with rupture and separation of the tissues, there may be neurological involvement. The pain will be intense, the injured person will have limited mobility of the cervical spine. There may also be vertebral fractures or dislocations.

How is whiplash compensated?

Although the easiest and most striking thing for the reader would be to tell him, as they do on other pages, that the corresponding compensation for having suffered  a cervical sprain ranges from $2000 to $6,000 , the truth is that this is not the case, and like everything in the life calculating the compensation that belongs to you will require a little more effort.

Spinal cord injuries resulting from minor trauma

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

Spinal cord injuries not resulting from minor trauma

• Post-traumatic vertebral osteitis without spinal cord involvement (30-40 points).

• Post-traumatic osteoarthritis with no prior history (2-8 points).

• Spinal osteosynthesis material (5-15 points).

• Wedging/crushing 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 hernia(s) correlatable with the accident (The entire affected segment of the cervical, dorsal or lumbar spine is considered globally) (1-15 points).

• Post-traumatic pain:

  • No root involvement and/or associated cervical syndrome (1-5 points).
  • With root compromise (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 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 arc of curvature and degrees) (1-20 points).

When we know the number of points, we must 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 person at the time of the accident.

If you want to know more about how to correctly quantify permanent injuries, we advise you to visit the following blog entry that deals with compensation for consequences of traffic accidents . 



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