Experienced Portland Oregon Whiplash Attorney
Portland Oregon Whiplash Lawyer
Find out why we have some of the best Portland whiplash attorneys
Have You Recently Been in a Car Accident and Suffering From Whiplash?
Our Portland, Oregon, whiplash attorneys at Goldberg & Loren are here to help you get the compensation you deserve.
Don’t let the pain and stress of whiplash overwhelm you. Let us take care of the legal process while you focus on your recovery. We want to see justice served and ensure that you are not left with medical costs and lost wages due to someone else’s negligence.
Contact our experienced attorneys at Goldberg & Loren today to schedule your free consultation and take the first step in getting the financial damages recovered.
Types of Whiplash Injuries
Neck & Upper Back
Whiplash is a type of neck injury that frequently occurs in rear-end car accidents. When a vehicle is hit from behind, the force of the impact can cause the head and neck to snap forward and back quickly, resulting in a whipping motion.
This sudden movement can cause a range of potential injuries to the neck and back, which often require medical attention and treatment.
Neck injuries from a whiplash accident can be significant and long-lasting. Common injuries include soft tissue damage, such as sprains and strains to the muscles and ligaments in the neck, as well as damage to the discs and nerves in the spine.
These types of injuries can result in severe pain, stiffness, and reduced range of motion.
Whiplash can also cause back injuries. The force of the impact can cause the spinal column to compress and deform, leading to a range of problems, including:
- Fractures
- Herniated discs
- Spinal cord injuries
Lower Back
The forceful movement of the injured person’s neck during a whiplash accident can stress the muscles and ligaments in the neck and upper back, which can extend down the spine and into the lower back region.
Low back pain is a common symptom of whiplash and can be a result of damage to the discs or joints in the lower back.
The pain may be delayed and may not become evident until several days or even weeks after the accident. This insidious nature can make it challenging to diagnose the problem as related to the whiplash injury.
The good news is that most individuals who suffer from low back pain associated with whiplash injury will show significant improvement with proper care over a relatively short period.
A timely medical evaluation and rehabilitation can help individuals recover without long-term pain or disability.
Shoulder Pain
Whiplash is a common injury that can cause shoulder pain. When the neck and head are suddenly jerked forward and back in a car accident, the shoulder can also be thrust forward and back. This can cause damage to the muscles, tendons, and ligaments in the shoulder, leading to pain and discomfort.
Shoulder pain associated with a whiplash injury can be an immediate or delayed symptom. The pain can be mild or severe, and it is often accompanied by other symptoms such as neck pain, headache, and stiffness.
The pain can be localized in the shoulder joint or can radiate down the arm, making it difficult to perform daily activities.
Whiplash-associated shoulder pain can be treated with a range of treatment modalities.
These include:
- Heat
- Ice
- Medication
- Physical therapy
- Rest
Physical therapy may include exercises designed to improve shoulder strength and range of motion. In a severe case, corticosteroid injections or other advanced interventions may be necessary.
Headaches and Concussions
One of the most common symptoms after a whiplash accident is a headache. While headaches may be mild, they can also be severe and debilitating, making it difficult to carry out daily activities.
At times, the pain might originate from the neck or shoulder muscles. However, if the headache is due to a concussion, it may also be due to damage to the brain or the membrane surrounding the brain.
This can lead to symptoms such as:
- Dizziness
- Nausea
- Sensitivity to light or sounds
- Vomiting
In some cases, rest is the only needed treatment recommendation. In others, if the injury is severe, the individual may need surgery or medication.
Physical and occupational therapy, exercise programs, and acupuncture are other helpful treatments for post-concussion symptoms.
A physician can identify and treat any underlying conditions and provide recommendations on how to promote recovery.
By carefully following the prescribed treatment plan, the affected individual can minimize the severity and duration of these symptoms and return to their normal daily quality of life.
Nerve Damage and Loss of Sensation
Whiplash accidents can also cause nerve damage that can lead to a loss of sensation in the affected area like arms or legs.
Nerves are responsible for sending signals from the brain to the body and vice versa. When the nerves around the neck and spine are damaged due to a whiplash injury, it can affect their ability to carry electrical signals, leading to loss of sensation in some areas of the body or muscle paralysis.
The loss of sensation can be mild, causing a tingling sensation, or it can be severe, resulting in numbness, or loss of sensation that makes it impossible to feel anything in the affected area(s).
Loss of sensation can also impact mobility and coordination and may lead to further complications such as muscle weakness and atrophy if left untreated.
A doctor can conduct an examination to diagnose the extent of the nerve damage and recommend appropriate treatment like medications, including pain and anti-inflammatory drugs.
Vision & Hearing
During the impact, the head, neck, and shoulders are jolted forward and back quickly, which can cause damage to the eyes and ears, leading to a myriad of problems.
Vision problems that may manifest after a whiplash accident include blurred vision, double vision, and sensitivity to light.
These symptoms may indicate damage to the optic nerve or eye muscles, making it challenging to conduct daily activities such as driving or reading.
Hearing problems, such as ringing in the ears (tinnitus), difficulty hearing, or a feeling of fullness in the ears, may indicate damage to the inner ear or the auditory nerve.
Treatment for vision or hearing problems may include surgery, medication, or hearing aids. Some cases may improve through the use of prescription glasses or hearing aids.
Psychological Trauma
Psychological trauma associated with whiplash accidents can result from the trauma experienced during the accident or the consequences of the accident.
Symptoms of emotional distress include:
- Anxiety
- Being more fearful of driving or traveling
- Depression
- Post-traumatic stress disorder (PTSD)
Anxiety and depression are two of the most commonly experienced symptoms following a whiplash accident.
Anxiety can manifest in many ways, including fear of driving or riding in a car, trouble sleeping, and irritability.
Depression may cause a lack of interest in activities that were previously enjoyed, low energy, and feelings of hopelessness or worthlessness.
PTSD is another common emotional response to a whiplash injury. This can involve experiencing flashbacks or nightmares. It may also cause a persistent feeling of danger or dread, especially when involved in the situation that caused the PTSD in the first place, such as driving. This can cause difficulties with carrying out daily activities and limit an individual’s freedom to live a normal life.
This may even lead to the avoidance of activities that may trigger these symptoms.
At Goldberg & Loren, we understand that being involved in an accident can be a traumatic experience and that it can lead to a range of psychological symptoms, We approach each client with compassion and empathy, and we understand that every case is unique.
That’s why we support you through your personal injury claim and legal process to support you every step of the way, so you can focus on your recovery.
Causes Of Whiplash
Whiplash affects as many as three million Americans yearly. Most whiplash results from automobile accidents, but falls and physical altercations can also be to blame. [1]
Car Accidents
Car accidents are one of the most common causes of whiplash. When a car is rear-ended, the force of the impact can cause the head and neck to jerk violently, stretching the muscles and ligaments in the neck beyond their normal range of motion. Distracted driving is a major cause of rear-end collisions.
Falls
When an individual falls, the impact can cause the head to jerk forward and back rapidly, resulting in similar symptoms of whiplash to that from a car accident.
Falls can also lead to neck and back injuries, fractured bones, or even bruising to the brain.
Physical Abuse
Physical abuse can cause whiplash in several ways. When an individual experiences physical abuse, such as being pushed, shoved, or hit, their head and neck may experience sudden, forceful movements that can cause whiplash.
Repetitive physical abuse, such as punching, hitting, or slapping on the head, can also cause whiplash injury.
Anyone who has suffered physical abuse and is experiencing symptoms of whiplash should seek safety and medical attention as soon as possible.
Investigating and Building Your Whiplash Case
Gathering Medical Records
Our legal team of personal injury attorneys at Goldberg & Loren will request medical records from all healthcare professionals who have treated you since the accident, including hospitals, physicians, physical therapists, and emergency medical providers.
These records can help us establish the extent of the injury, the required treatment, and the associated costs. Once all relevant records have been gathered, our experienced attorneys will review them to assess the case’s strengths and weaknesses and determine the best course of action.
We will use the collected medical records as evidence in the case and make any necessary comparisons with insurance or third-party sources to ensure accuracy and completeness.
With the right medical records, Goldberg & Loren will help you obtain fair compensation for your injuries and other damages.
Witness Statements
Witness statements can help the law office gather important information regarding the events leading up to, during, and after the accident.
In the context of whiplash injuries, witness statements can be particularly helpful in identifying the forces of impact and the potential long-term effects of the injury.
Goldberg & Loren uses professional methods to ensure that witness statements are obtained accurately and in a timely manner, which will help establish the at-fault driver, assess damages, and support the client’s case in court.
Accident Reconstruction
One of the ways we assist clients in these cases is through accident reconstruction. This process involves using scientific techniques and evidence to recreate the accident, including the circumstances that led up to it and the outcomes.
By using accident reconstruction, the team at Goldberg & Loren can better understand the mechanics of the accident and determine liability. Such a comprehensive approach prepares the personal injury claim for success.
Police Reports
This report documents the details of the accident, including the date, time, location, and details of the damage.
Having a copy of the police report or accident report can be helpful when working with insurance companies to resolve any claims related to the accident. It can provide information about the cause of the accident and help establish fault.
Obtaining a police report after a car accident can help expedite the claims process and help you acquire the compensation you need to bring you back to your pre-injury status financially.
Photos & Videos
This documentation can be helpful when filing an insurance claim or when pursuing legal action against the responsible party.
A video can provide a more detailed account of the scene and the events leading up to the accident. With a video, verbal acknowledgments from the other driver can be recorded in the event they later try to deny responsibility for the accident.
You can protect your rights by documenting the evidence of negligence.
Expert Testimony
Goldberg & Loren’s legal team utilizes expert testimony to help their clients win their cases. In particular, the firm often relies on expert medical professionals’ testimony to help prove the connection between the accident and the injured person.
Negotiating Settlements
At Goldberg & Loren, we are a law firm that prides itself on helping our clients navigate the process of negotiating fair settlements. When we take on a case, we work on behalf of our clients to build a strong case and negotiate with the other party to reach a quick settlement.
We provide necessary legal guidance to our clients throughout the settlement process. Our lawyers will also advise regarding whether to accept or decline a settlement offer and if necessary, we guide our clients through mediation or court proceedings.
Calculating Damages
Calculating damages from a whiplash accident can be a complicated process that requires an understanding of the extent of the injuries, medical expenses, and wage losses incurred by the affected individual.
Damages are calculated based on three primary categories:
- Economic damages include compensation for out-of-pocket expenses like medical bills, lost wages, and expenses related to the accident itself.
Since whiplash accidents can cause physical damages, economic damages may extend to cover the cost of any necessary medical treatment such as physical therapy, chiropractic treatments, pain management, and medication. - Noneconomic damages are intended to compensate for the emotional and psychological toll of a whiplash injury, such as pain and suffering, loss of enjoyment of life, and mental anguish. They are often calculated based on the severity of the injury, the duration of treatment, and other factors.
- Punitive damages may be awarded to punish the guilty party in instances of particularly egregious behavior, such as driving under the influence or texting while driving.
Under Oregon Personal Injury Protection (PIP) laws you are entitled to a minimum of $15,000 and up to one year of treatment including chiropractic, massage, acupuncture, and physical therapy.
Insurance covers anyone involved in the accident—the driver, passengers, bicyclists, and pedestrians. Oregon is a “no-fault” state, meaning you are covered even if the accident was your fault. [3]
Statute of Limitations on Filing a Claim
The Statute of Limitations for a whiplash claim in Portland, Oregon is two years from the date of the accident.
This means that if someone suffers a whiplash injury from an accident that occurred in Portland, they will have two years from the date of the accident to file a lawsuit against the responsible party, which can include the driver, the car manufacturer, or another liable party.
The statute of limitations for whiplash claims can vary depending on the state and the details of each individual case. [2]
When to Seek Legal Advice
Have you or a loved one experienced whiplash in Portland, Oregon?
Let our personal injury lawyers in Portland handle the legal representation of your case so you can focus on your recovery.
Contact Goldberg & Loren today to schedule your free consultation and take the first step toward getting justice for your whiplash injury. Don’t wait; your time to act is now.
Sources:
[1] Auto and Car Accident Chiropractors in Portland, OR | Whiplash Portland | Laurelhurst Chiropractic. (n.d.). Portland Chiropractor. https://laurelhurstchiropractic.com/auto-car-accident-chiropractors-portland/
[2] Oregon Civil Statute of Limitations Laws. (2023, January 17). FindLaw. Retrieved June 21, 2023, from https://www.findlaw.com/state/oregon-law/oregon-civil-statute-of-limitations-laws.html#:~:text=Under%20Oregon%20law%2C%20the%20majority,%2C%20contracts%2C%20and%20debt%20collection.
[3] Auto Accident Treatment in Portland | Whiplash Treatment. (n.d.). Sylvan Chiropractic and Wellness Center. https://www.sylvanchiropractic.com/auto-accidents/
Goldberg & Loren Personal Injury Attorneys
6500 S Macadam Ave #300,
Portland, OR 97239
(971) 339-8080
Have you suffered whiplash as a result of an auto accident? We may be able to help. Contact us to see if you have a case. Pay Nothing, Unless We Win!
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