Whiplash After a Car Accident: Symptoms, Treatment, and Your Legal Rights in Tennessee

Whiplash is a common injury after a car accident, particularly a rear-end collision. It occurs when the head moves rapidly backward and forward, straining or injuring structures in the neck.

Although some people recover quickly, others experience symptoms that interfere with work and everyday activities for weeks, months, or even more long-term. If another driver caused your accident and injuries, you may also have the right to pursue compensation under Tennessee law.

What Are the Symptoms of Whiplash?

Whiplash symptoms commonly include neck pain, stiffness, headaches, and reduced range of motion. These symptoms may appear immediately or develop in the hours or days after a car accident.

Some of the most common symptoms include:

• Neck pain and stiffness
• Reduced range of motion
• Headaches
• Shoulder or upper back pain
• Dizziness
• Fatigue
• Tingling or numbness in the arms
• Difficulty concentrating
• Sleep problems

Because these symptoms can also be associated with other injuries, consider seeking medical attention after an accident. A healthcare provider can evaluate your condition and determine whether additional testing or treatment is appropriate.

How Is Whiplash Diagnosed and Treated?

A healthcare provider may diagnose whiplash based on your symptoms, medical history, and a physical examination. Imaging tests such as X-rays, CT scans, or MRIs may sometimes be used to rule out fractures, disc injuries, or other conditions.

Treatment depends on the severity of the injury. It may include pain medication, gentle exercises, physical therapy, and other treatments recommended by your healthcare provider.

Recovery times also vary. Some people improve within several weeks, while others may experience symptoms for months or longer.

Can I Recover Compensation for Whiplash in Tennessee?

If another person’s negligence caused your car accident, you may be entitled to compensation for your injuries and losses.

Depending on your case, damages may include:

• Medical expenses
• Future medical care
• Physical therapy
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress

The value of a whiplash claim depends on the severity of your injuries and resulting losses. Hughes & Coleman Injury Lawyers has recovered billions of dollars for injured clients, giving our team extensive experience evaluating injury claims and pursuing compensation for accident-related losses.

What If the Insurance Company Disputes My Whiplash Injury?

Insurance companies may challenge whiplash claims because soft-tissue injuries are not always readily visible on imaging tests. An insurer might argue that your symptoms are minor, resulted from a pre-existing condition, or were unrelated to the collision.

Medical records can help document when your symptoms began, what treatment you received, and how your condition progressed. Accident reports, photographs, witness statements, and other evidence may also help support your claim.

Frequently Asked Questions

Can I Still Recover Compensation If I Was Partly Responsible for the Accident?

Possibly. Tennessee follows a modified comparative fault rule. Under McIntyre v. Balentine, an injured person can generally recover damages if their share of fault is less than 50%. Their compensation is reduced according to their percentage of responsibility.

For example, if your damages total $50,000 and you are 20% at fault, your recovery could be reduced to $40,000.

How Long Do I Have to File a Whiplash Lawsuit in Tennessee?

Under Tenn. Code Ann. § 28-3-104, many personal injury lawsuits in Tennessee must generally be filed within one year after the cause of action accrues, which is generally called the statute of limitations.

Certain circumstances can affect the deadline, so it is important to determine how much time applies to your particular case. An experienced Tennessee personal injury lawyer can review the details of your case and help you determine when your deadline to file a claim is.

Do I Need a Lawyer for a Whiplash Claim?

You are not required to hire a lawyer to pursue a whiplash claim. However, legal assistance may be helpful if your injuries are significant, your symptoms persist, fault is disputed, or the insurance company challenges your claim.

A personal injury lawyer can investigate the accident, gather evidence, document your damages, negotiate with insurance companies, and pursue compensation on your behalf.

Contact Hughes & Coleman Injury Lawyers for a Free Consultation

Whiplash can cause pain and interfere with your ability to work and complete everyday activities. If another driver caused your accident, you may have the right to pursue compensation for your medical expenses, lost income, pain and suffering, and other losses.

Contact our team at Hughes & Coleman Injury Lawyers today for a free consultation to discuss your Tennessee car accident and learn more about your legal options.