How to Prove Whiplash in Court: Getting the Settlement You Deserve

How to Prove Whiplash in Ontario

It can be hard to know where to start when you’re trying to figure out how to prove whiplash.

When you’ve been in an accident and your head and neck are in serious pain, it’s hard to think about anything except when that pain will stop. Getting compensation for your pain is the first step in taking control of your injury.

However, since you can’t physically see whiplash, it can get tricky to prove you’re suffering.

But when you’re suffering serious pain because someone else was negligent, it’s time for justice.

That’s why you need the best personal injury lawyer on your side. We deal with plenty of whiplash cases. Our years of experience have made is experts at dealing with whiplash and helping our clients understand what they need to do.

Learn how to prove whiplash in court so you can get the compensation you deserve. You don’t need to suffer any more than you have.


Whiplash and Brain Injuries

Firstly, it’s important to know what whiplash is. It occurs when you experience abrupt force on your neck and it jerks backward and forward quickly, like a whip.

Whiplash can lead to traumatic brain injury if you don’t treat it or care for it properly. Severe whiplash is extremely painful and can lead to other brain issues if it doesn’t go away on its own.

Since you’re suffering damage to your brain tissue and neck muscles, it’s also possible that your brain has hit against the walls of your skull. That’s when it gets serious and you’re at risk for further brain injury.

The most common way people get whiplash is from rear-end car accidents. However, it can happen anywhere there is abrupt force, like contact sports or physical abuse.

Even just falling can put you at risk for whiplash. That’s why it’s important to always be careful and prepared for any accident.

Your injury can last anywhere from a few weeks to a few months or years. In fact, 50% of whiplash victims are still in pain 1 year after the accident.

X-ray of a whiplash injury.
Many cases of whiplash will heal themselves, but sometimes you need a little more treatment.

Do You Have a Whiplash Injury?

There are a number of signs and symptoms of whiplash you should be aware of. If you experience these after a car accident, you could be eligible for whiplash compensation.

The most common whiplash symptoms are stiffness or pain in the neck. You could also experience headaches, dizziness, or shoulder pain.

Here are some other symptoms to look out for:

  • Fatigue
  • Pain with movement of the neck
  • Inability to move the neck
  • Pain in the upper back
  • Tingling or numbness in the upper or lower arms
  • Lack of sleep
  • Blurred vision
  • Memory loss
  • Depression
  • Ringing in the ears

Pay attention during the first 24 hours after the accident. This is generally when your symptoms will begin to appear.


Got Whiplash? Here’s What to do

If you’ve determined that you do in fact have whiplash, here’s what you need to do.

At the scene of the accident, don’t mention that you’re okay. What you say initially can hurt you in your case, and you might not be experiencing whiplash yet.

Seek medical attention as soon as possible. The longer you wait to treat your injuries and pain, the harder it will be to prove that the injury was a result of the accident.

During your appointment, your doctor will go through a series of tests with you. Depending on how serious your pain is, this could involve testing different muscles, studying nerve reactions, or running a CAT scan.

Your doctor might prescribe you some over the counter pain medication. They might also send you to physiotherapy if the injury is severe enough.

Emergency sign at a hospital.
Don’t let any injuries go untreated, even if you don’t think they seem like a big deal at the time.

How to Prove Whiplash

As previously stated, whiplash can be hard to prove because you can’t see it. Other injuries, like broken bones, are visible and easier to prove with photographs, medical documents, and x-ray scans.

Additionally, whiplash doesn’t always appear right away, like broken bones. That means they aren’t always included in the initial accident reports.

However, it’s not impossible to prove.

During your medical appointments, document any of the whiplash symptoms you’re experiencing. Keep the records to show that you were treated for those symptoms.

Medical professionals know that whiplash symptoms take time. This will be accounted for in your case, as well as other technical details of the accident.

Client and lawyer shake hands.

Legal Ways to Determine Whiplash Injury

In addition to your medical records and documents, there are certain factors the courts will take into consideration when you’re making a whiplash claim.

These factors include:

  • Speed and direction of the car accident
  • Whether or not you were wearing a seatbelt
  • If your airbag was deployed
  • The position of your vehicle’s headrests
  • Any restraints that were used by the emergency team
  • Previous medical conditions that could have affected your condition, including osteoporosis or muscular impairment

The police records from the accident will show the court these details. Photographs will also help to prove these factors.

That’s why it’s vital to make sure you collect as much evidence as possible at the scene of the accident, as well as during your treatment process. The more evidence you have, the stronger your case is going to be.


Contact Conte Jaswal to Help You Prove Whiplash in Court

At Conte Jaswal, our team of personal injury lawyers cares about you.

We know what it’s like to go up against the big corporations and their team of expensive lawyers who will do anything to take advantage of you. That’s why we act as your advocate and fight for you.

Working with the best medical experts and professionals in Ontario, we’ll work to build you the strongest case we can. Our team is highly experienced in whiplash claims and know what to look for to help you get what you deserve.

We can’t stop the pain. But we can help make it better to transition back to your daily life.

Contact us now for a free, no-obligation consultation. It’s time to get on the right track and take back your life!

Top personal injury lawyer in GTA area.

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