Whiplash Settlements and Compensation in Ontario
In Canada, whiplash injuries result in an estimated $600 million in costs annually, with over two million insurance claims being filed each year. Following a whiplash injury, you may experience pain, suffering, and even temporary or long-term disability, which can impact your ability to work and lead to financial concerns. We are often asked ‘can you get compensation for whiplash?’ It is crucial to understand that you might be eligible for whiplash compensation or a settlement in Ontario, which could cover medical expenses, treatment costs, and lost income. Understanding the legal process and your rights to compensation after a whiplash injury is vital in order to receive a fair and reasonable settlement.
What is Whiplash?
Whiplash occurs when your body makes a sudden stop which causes your head to jerk forward and backward, similar to the motion of a whip. The sudden movement can lead to stretched ligaments and tendons which may damage neck tissue. Whiplash is not life-threatening, but it can be painful and difficult to treat.
What Causes Whiplash?
In most cases, a whiplash injury claim follows a car accident. This is because a vehicle traveling at any speed stops suddenly when it collides with an object or other vehicle it stops abruptly. Whiplash occurs more often in rear-end collisions as the neck can be extended while the seat is pushed forward, then thrown back as the vehicle comes to a stop. Whiplash can also occur in high-impact sports, slip and fall accidents, in the workplace as well as during physical abuse.
Symptoms of Whiplash
You will likely develop whiplash symptoms within 24 hours of the incident which caused your neck injury, although there are cases where it was several days before symptoms were recognized.
Some of the symptoms that may indicate you qualify for a whiplash payout in Ontario include:
- Arm pain
- Arm weakness
- Back pain
- Blurred vision
- Cervical pain and stiffness
- Dizziness
- Fatigue
- Head and neck range of motion restrictions
- Headache
- Jaw pain
- Memory problems
- Neck pain
- Neck stiffness
- Ringing in the Ears
Because whiplash can lead to long-term issues which may include anger, depression, PTSD, insomnia, stress, and drug dependency, it is critical to seek medical attention immediately. Senior citizens and women are more susceptible to whiplash due to their lower muscle mass.
How is Whiplash Treated?
It is critical that you seek medical attention. There are treatments available for whiplash and the treatment options vary depending on the severity of the injury. Often, immobilization is the first treatment and your doctor may require you to wear a soft neck brace to prevent more damage to the ligaments in your neck. However, the brace should be worn three hours at a time and has been known to decrease muscle mass, hindering recovery time. Tests such as x-rays and scans may be ordered, but the tests may not show the injury as it is not uncommon for them not to pick up whiplash. An MRI or CAT scan may find the injury but even those sophisticated tests may not reveal the injury. Your doctor may order medications including painkillers, lidocaine injections, or muscle relaxants. Physical therapy may also help with whiplash. Your doctor may order the use of ice, manual therapy, heat, or ultrasound treatments.
Do I Have a Whiplash Injury Claim and Can You Get Compensation for Whiplash?
There are certain criteria that must be met to confirm you are eligible for whiplash compensation in Ontario, but you can . You must be able to prove that another party acted recklessly or negligently and that those actions led to your injury. You must also prove that you have damages as a result of your injury. This could include financial or non-economic damages that were the direct result of your injury. This can be proven using medical records, lost wages, and any other costs you incurred as a result of your whiplash. In most cases, a whiplash compensation claim calculator can help determine whether you should pursue a whiplash payout in Ontario.
How Much Do You Get For A Whiplash Settlement Claim?
If you qualify for compensation for your whiplash injury, you could be awarded payment for your current medical bills as well as those you incur in the future. Because it is not unusual for whiplash victims to require rehabilitation, the costs for that treatment may also be covered along with any prescription medications you must take. If the whiplash was caused by a car accident, you could be compensated for your vehicle or other property damage. It is not unusual for someone with whiplash to lose time at work, so compensation may include lost wages. If the injury is severe enough that you cannot work again, you may also qualify to receive compensation for lost future wages as well. If your injury is more focused on other parts of your back you might qualify for a lower back pain car accident settlement.
If you are suffering from whiplash symptoms or have been diagnosed with whiplash, you need to contact a personal injury lawyer who will fight for your rights. We will review your case and enter all the information in a whiplash compensation claim calculator to demonstrate what you may be eligible to receive under the law. You can arrange for a no-obligation consultation by calling or filling out the easy online form today to see who we can help you get the compensation you deserve.
