Whiplash & Soft Tissue Injury Lawyer

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For many, the diagnosis of a soft tissue injury is distressing but can be resolved fairly quickly with the help of medication and targeted therapy, allowing victims to return to their normal routines within a few months. However, some don’t experience the same level of healing, thereby dealing with an injury that causes them constant stress and strain in their daily lives.

At Bergeron Clifford, we always encourage clients to call us to learn about their rights and discuss their cases with us, but in the case of whiplash or soft tissue injuries, we initially encourage them to give physiotherapy and the passage of time a fair try before pursuing a lawsuit.

When to Pursue a Claim

Our reputation is rooted in our willingness to take on practical and vital injury cases that impact our lives. When we do take on whiplash or soft tissue injury cases, it is because physiotherapy and time have not cured the injury, and it is still causing pain and disruption. At that point, it is our job to step in and support you in your personal injury claim for whiplash.

Important Factors in Whiplash and Soft Tissue Cases

The Circumstances of Your Accident

Whiplash can be caused by various incidents. Further, each incident can have differing effects depending on the severity and the way in which you were impacted. These events include, but are not limited to:

For example, many people involved in a rear-ended car accident report a higher number of whiplash injuries due to the way in which the vehicle was hit.¹

The Stress on Your Body from the Impact

Whiplash involves both a violent forward and backward motion of your head, similar to the movement of a whip. This strains your neck muscles and can possibly cause symptoms such as headaches and dizziness. It may also be accompanied by concussion, which can sometimes be missed during an initial evaluation due to the overlap in symptoms.² It is possible for the fuller effects of the injury to become pronounced in the days after the event; initially, the pain may not present itself.

Damage to Muscles, Ligaments and Tendons

Sprains, stretches, tears, and strains can cause damage to muscles, ligaments, and tendons. It is imperative that you seek the advice of a medical professional who specializes in these types of injuries so that you receive optimal care following an accident that may cause a sprain or strain.

Soft tissue injuries may require various regular diagnostic tools, such as X-rays, CT scans, and MRI scans. However, it is important to note that these devices may only show one side of your injury. You may be told—and believe—that you should be able to recover quickly, while the truth is this might not be possible. In the event you need a soft tissue injury lawyer, the damage could have been affecting you for some time.

The Challenges of Living with a Soft Tissue Injury

Symptoms of whiplash and soft tissue injuries may take time to appear or be present right away. It might begin with a stiff neck or pain in a specific area and gradually worsen, where prolonged symptoms might cause you to lose some range of motion, causing any small movements to create a ripple effect of pain.³

Whiplash

Your neck is a vital part of your body. It connects to your head and back, making an injury in this area painful and possibly dangerous. In our experience, we have found whiplash to be a common injury resulting from car accidents. Our clients have experienced varied and severe symptoms as a result of these accidents, often impacting their overall quality of life. These injuries are diagnosed on a scale to determine the extent of the impact:

Grade 0: No symptoms and no physical signs.
Grade I: Pain in the neck, including stiffness or tenderness, but no physical signs.
Grade II: Neck pain accompanied by a decrease in range of motion.
Grade III: Neck pain coupled with neurological signs.

Grade IV: Neck pain along with a fracture or dislocation.⁴

Other Kinds of Soft Tissue Injuries

Our muscles and tendons create a barrier that protects our bones and allows for all kinds of movements. When these parts of our bodies are injured, it can severely impact our quality of life. Soft tissue injuries can happen in our joints like wrists, ankles, or shoulders, causing strains or sprains that require various levels of care. It is best to speak with your primary care physician to begin your road to healing, whether that includes a brace to help protect the affected area or ongoing physical therapy.

Personal Injury Claims for Whiplash and Soft Tissue Injuries

As with any sort of extensive injury, there can be a range of complications and, therefore, ongoing care associated with whiplash and soft tissue injuries. The goal of initial care is to control pain and restore the range of motion to the affected area. However, with severe injuries, the aching will likely be persistent, and it can feel nearly impossible to resume your daily routine. You might have high costs associated with various specialists, including:

Seeing physiotherapists
Working with an acupuncturist to find relief
Scheduling regular chiropractic appointments to seek out a solution to your discomfort

Compensation Based on Various Factors

The long-term effects of whiplash and soft tissue injuries can start with chronic pain, but they also range from lost wages and job opportunities to an ongoing need for medical care, custom braces, medications and, in some cases, mental health problems. Compensation in these cases is meant to help ease the burden of medical costs associated with long-term management. Working with a reputable lawyer improves your chances of being awarded the compensation to recover from your injury.

At Bergeron Clifford, we recognize that the lack of support and understanding can be difficult to deal with. We are here to help answer any questions you might have regarding the possible compensation for your injury. Please contact us for more information.

Do I need a lawyer for my whiplash or soft tissue injury claim?

While it is entirely possible to navigate the claims process on your own, having a lawyer can significantly alleviate the burden and increase your chances of receiving fair compensation. Our experienced team understands the intricacies of personal injury law and can navigate the complexities of the legal process on your behalf. By entrusting your case to us, we’ll ensure that your claim is thoroughly prepared, properly documented, and presented in a compelling manner to maximize your chances of success.

How long do I have to file a claim for whiplash or soft tissue injury?

The time period you have, also known as the statute of limitations, varies depending on the province or territory where the accident occurred. However, it is crucial to take action as soon as possible after you have sought medical attention following the incident.

Our team will guide you through the process and ensure that your claim is filed within the applicable timeframe, giving you peace of mind and allowing us to build a strong case.

What types of compensation can I recover for my whiplash or soft tissue injury?

If you’ve suffered a whiplash or soft tissue injury, you may be entitled to various types of compensation. This can include reimbursement for medical expenses, such as doctor’s visits, prescription medications, physiotherapy, and other necessary treatments. Additionally, you may be able to recover lost wages if your injury has prevented you from working. These are known as non-punitive damages.

Punitive damages include pain and suffering, which may also be available to compensate you for the physical and emotional distress caused by the injury.

How do I get started with my whiplash or soft tissue injury claim?

Getting started with your whiplash or soft tissue injury claim is as simple as contacting our office to schedule a free consultation. We understand that dealing with a personal injury can be overwhelming, which is why we are here to provide guidance and support every step of the way. After reviewing your case, we’ll outline the next steps in pursuing your claim.

1.Chen, Hai-bin, King H. Yang, and Zheng-guo Wang. 2009. “Biomechanics of Whiplash Injury.” Chinese Journal of Traumatology = Zhonghua Chuang Shang Za Zhi 12 (5): 305–14. https://pubmed.ncbi.nlm.nih.gov/19788851/.
2.Rebbeck, Trudy, Kerrie Evans, and James M. Elliott. 2019. “Concussion in Combination with Whiplash-Associated Disorder May Be Missed in Primary Care: Key Recommendations for Assessment and Management.” Journal of Orthopaedic & Sports Physical Therapy 49 (11): 819–28. https://doi.org/10.2519/jospt.2019.8946.
3. “Neck Strain and Whiplash.” n.d. WebMD. https://www.webmd.com/back-pain/neck-strain-whiplash.
4. Pastakia, Khushnum, and Saravana Kumar. 2011. “Acute Whiplash Associated Disorders (WAD).” Open Access Emergency Medicine : OAEM 3 (3): 29–32. https://doi.org/10.2147/OAEM.S17853.

Contact Bergeron | Clifford LLP

Contact us at 866-384-5886 or fill out our online form if you have a persistent soft tissue injury in Eastern Ontario. Come to our offices in Kingston, Ottawa, Whitby, Carleton Place, Perth, or see if we can meet you wherever you are.

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