What is Whiplash?

male neck pain anatomy in blueWhiplash is often associated with car accidents, and occurs when the neck thrashes backwards and forwards forcefully at the collision. 

The sudden and intense movement overstretched the muscles and tendons in the neck, causing tears and pain ranging from mild to severe.

The symptoms may include:

  • Pain;
  • Limited range of motion;
  • Tense muscles that feel like knots;
  • Pain when rocking your head back and forth or side to side;
  • Tender, sensitive muscles; and
  • Headaches

You should seek medical attention immediately after you believe you may have sustained whiplash. Depending on the severity of your injury, treatment may include:

  • Applying ice or heat to the area;
  • Massage;
  • Pain medications; and
  • A neck brace.

The Living Constitution: Fact or Fiction?

For decades, legal scholars have debated the notion that our Constitution is a “living document”, meaning that it it grows and expands with our ever evolving political, religious, and social culture. Defenders of the Living Constitution hold that the Constitution was deliberately drafted so that it would be open to interpretation for the years to come. Because of this, its words and phrases may be redefined to correlate with changes in culture, thus evolving as the country evolves. Proponents argue that this view allows the Constitution to remain applicable to our ever changing society. 

Conversely, opponents argue that the Constitution does not evolve or change with time, but instead retains the same meaning and intent as it did when it was drafted. Furthermore, they hold that the idea of a “living” legal document violates notions of common sense, as a document cannot adapt and grow as organisms can, but instead, logically, remains perpetually the same. Instead of a document that changes on its own, opponents argue that the people can vote to change the Constitution.

Jason Kelly MD and Mauricio Waintrub MD v. Vasilios Haralampopoulos, 2014CO46 (June 16, 2014)

Jason Kelly MD and Mauricio Waintrub MD v. Vasilios Haralampopoulos, 2014CO46 (June 16, 2014). (reblog from the Colorado Litigation Report).

A patient was left brain dead after an ER visit, where his roommate asked a doctor if past cocaine use could have been a cause.

At trial, the roommate’s statement to the doctor was admitted into evidence. On appeal, the court held that that the admission of drug-use evidence was error.

The Supreme Court of Colorado held that the evidence should have been admitted, holding that CRE 803(4), the medical treatment hearsay exception, applied. Inquiry into motive or subjective reliance was not required.

I’ve Been Injured in a Car Accident – What’s My Case Worth?

Judging the value of your case is a complicated procedure that involves a variety of factors. Your case evaluation will generally consider the two sources of damages: Compensatory Damages and Punitive Damages.

1. Compensatory Damages
Compensatory damages are paid to compensate the claimant for actual damages suffered from the incident. Actual damages are sub-divided into two categories: Economic Damages and Non-Economic Damages. Economic damages are damages for which a monetary amount has already been assigned, for example, medical bills, damaged property, and lost wages. Non-economic damages are essentially non-monetary damages, such as pain and suffering, physical deformities, and a loss in the claimant’s quality of life.

2. Punitive Damages
Punitive damages are intended to reform the actor and deter him from committing the same incident again. While punitive damages are not intended to compensate the claimant, the claimant may receive all or a portion of the damages award.

FAQ: The Insurance Company Offered Me a Settlement – What Should I do?

If the insurance company has already offered you a settlement, you should hire The Law Offices of Daniel T. Goodwin to review your medical records and provide you with an opinion on the fairness of the offer. The firm offers that service on an hourly rate.

Settlements are not provided without absolute release agreements. In other words, you cannot accept a settlement unless you release all of your rights to further payment. Accepting a settlement from an insurance company is a complicated decision that is best decided with the advice of a lawyer.

What Should You Do After Being Injured in an Auto Accident?

This guide briefly describes actions that you should take in the days and weeks following an accident. Contact a local personal injury attorney for an evaluation of your case.

1. Exchange Information
Always get the other driver’s license information, phone number, address, and insurance information before leaving the scene.

2. Call the Police
The police will write up an accident report and evaluate the scene.

3. Seek Medical Attention
If you think that you may need it, seek medical attention as soon as possible.

4. Retain all Medical and Accident Records and Photos
Get copies of any medical records, accident reports, and photos taken of the scene and your car. If you suffer bodily injury, make sure to take pictures of your injuries.

5. Contact An Attorney!
Certain cases have time limits, and if you do not bring your claim within the time limit, you may forfeit your right to pursue the claim and get compensation. Speak with a local attorney who specializes in personal injury law as early as possible.