10 Frequently Asked Questions in Personal Injury Cases
Posted in: Injuries
Many types of accidents can result in neck injuries like whiplash, though car crashes and slip and falls are the most common culprits. Neck injuries can range from minor cases of muscle sprain to catastrophic events like cervical dislocation with spinal cord damage.
Whatever your situation, our Ohio whiplash lawyers of Kisling, Nestico & Redick will explain your legal options. Our highly experienced legal team can guide you through the legal process of seeking compensation after a serious injury accident, including calculating your economic damages like medical costs and lost income and your noneconomic damages like pain and suffering. Call us today at 1-800-HURT-NOW to learn more.
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Any sudden forceful impact that causes the rapid back-and-forth movement of the neck, like the cracking of a whip, can result in whiplash. While frequently seen in rear-end car accidents, some other common incidents where whiplash can occur are:
Document symptoms, get evaluated promptly, and keep your treatment records. KNR can help you prove whiplash, establish fault, and pursue full compensation. Call 1-800-HURT-NOW for a free consultation.
Accidents that affect your upper body often result in upper back, neck, and head injuries. If you were injured in a slip and fall, car accident, or another type of incident, then you may have suffered a neck injury such as:
There are seven cervical vertebrae in your neck, all of which can be damaged during a serious accident. Vertebrae can experience all types of fractures, from a relatively minor hairline fracture to being broken into multiple pieces.
The exact placement and type of break dictate the necessary treatment, which may include surgery.
It is possible for one or more of the vertebrae in your neck to move out of place. This can be very painful and makes your spine unstable.
A dislocation is often paired with one or more fractured vertebrae or stretched or torn tendons. If the bone slides and then returns to its place, rest and stability may be all you need to heal. However, if the bone slides out of place and stays there, surgery may be necessary.
A severe cervical dislocation can result in damage to or a severing of your spinal cord.
Between your vertebrae are discs. The outer portion of these is a fibrous material surrounding a jelly-like center. When a disc slips out of place, you may need surgery or physical therapy to correct it.
When the jelly-like center of the disc squeezes out through a crack in the outside fiber, this is known as a herniated disc. This can cause extreme pain, nerve damage, and muscle weakness and require surgery to correct.
There are many muscles, tendons, and ligaments in your neck, all of which can be overly stretched or torn during an accident. When the ligaments in your neck are stretched or torn, this is a sprain. Ligaments are the type of tissue that holds bones together at a joint.
When the muscles or tendons in your neck are stretched or torn, this is strain. Tendons connect bones to muscles. The symptoms of these types of injuries can be similar, however, treatments vary dramatically.
If a muscle, tendon, or ligament is torn, this may require surgery to repair and then physical therapy. Meanwhile, a pulled muscle might just need a great deal of rest.
Numerous nerves run through your neck, many of which travel down your back or arms. Movements within or damage to your vertebrae, discs, and muscles can pinch or irritate a nerve.
This damages the nerve and can lead to pain, tingling, a burning sensation, muscle weakness, and a loss of feeling. The longer a pinched nerve goes undiagnosed and untreated, the more damage the nerve sustains and the longer it will take to heal.
Symptoms can appear immediately or develop over 24–72 hours after the incident. Some people notice a short “honeymoon” period before pain flares with normal activities (driving, screen time, lifting). Clinicians often refer to this cluster as whiplash-associated disorders (WAD) or cervical sprain/strain.
Neck Pain & Stiffness – Achy or sharp pain in the cervical spine that may radiate to the base of the skull, shoulders, or between the shoulder blades. Often accompanied by muscle spasm and tender trigger points (upper trapezius/levator scapulae). Pain may worsen with prolonged sitting, looking down at a phone, or driving.
Worsening Pain with Movement – Pain intensifies with rotation, flexion/extension, or lateral flexion (turning to check blind spots, looking up/down). This is classic acceleration–deceleration soft-tissue strain and joint irritation (facet joints).
Loss of Range of Motion (ROM) – Difficulty turning the head side to side or looking over the shoulder; a feeling of tightness or “blocked” movement. Limited ROM is common early and can improve with guided rehab/physical therapy.
Headaches (Often Occipital/Cervicogenic) – Headaches starting at the base of the skull that can radiate to the forehead or behind the eyes. They may be daily, activity-provoked, and associated with neck posture or muscle tension.
Shoulder, Upper Back, or Arm Tenderness/Pain – Soreness across the upper trapezius, scapular area, or deltoid from muscle guarding. Pain can be referred from cervical joints and soft tissues rather than a direct shoulder injury.
Tingling or Numbness in the Arms (Paresthesias) – “Pins and needles,” burning, or numbness in the arm/hand can reflect nerve root irritation (radicular symptoms) from inflammation, spasm, or disc involvement. Watch for weak grip or dropping objects.
Fatigue & Sleep Disturbance – Pain disrupts sleep; poor rest worsens pain sensitivity and daytime fatigue. A sleep log helps your provider tailor care and documents functional impact for a claim.
Dizziness or Imbalance – Cervicogenic dizziness may follow rapid neck motion; some experience lightheadedness, unsteadiness, or motion sensitivity—especially with quick head turns.
Additional Symptoms Seen in Whiplash – Blurred vision, tinnitus (ringing), jaw/TMJ pain (clicking, clenching), concentration or memory difficulties, irritability/anxiety, and heightened sensitivity to posture or screen use. These are recognized components of WAD and should be documented and communicated to your clinician.
See a provider promptly, follow the treatment plan, and keep a symptom journal (pain levels, triggers, missed work, sleep). Save imaging, PT notes, prescriptions, and receipts—these support both your recovery and your legal claim.
Whiplash isn’t just “a sore neck.” It’s a rapid acceleration–deceleration injury in which the head and neck are thrust forward, backward, and/or sideways in a split second. That sudden motion can strain or tear cervical muscles and ligaments, irritate facet joints, and stress discs and nerve roots. While many cases involve sprain/strain (WAD: Whiplash-Associated Disorders), whiplash can also occur with other injuries such as:
Early evaluation, documentation, and follow-through with care are critical to both recovery and your legal claim.
Every case is unique. Your provider will tailor care based on exam findings and, when appropriate, imaging.
Common, evidence-informed approaches may include:
Recovery timelines vary. Some people improve within weeks; others experience symptoms for months (e.g., neck pain, headaches, sleep issues, reduced tolerance for screens/driving). Risks for a longer course include high-energy impact, prior neck problems, multiple involved regions (neck + shoulder/TMJ), and delayed or inconsistent care.
Persistent cases may be labeled chronic whiplash/post-whiplash syndrome and can affect work, driving, childcare, and recreation. Your care team can outline restrictions, accommodations, or referrals (pain management, behavioral health) as needed. From a claim perspective, these details help quantify functional loss and future needs.
To recover compensation, you’ll need to establish negligence:
Key evidence can include: incident reports, photos/video, witness info, immediate and follow-up medical records, imaging, therapy notes, work notes, and a symptom journal.
In most Ohio injury cases, you have two years from the crash to file a lawsuit (O.R.C. §2305.10). Waiting risks losing evidence—and your rights. Ohio also uses modified comparative negligence (O.R.C. §2315.33): you can recover if you’re 50% or less at fault (your award is reduced by your share of fault).
Depending on the facts, you may seek recovery for:
Your total value depends on injury severity, course of care, recovery trajectory, work impact, and any shared fault arguments.
Whiplash cases are complex. The severity of your injury and the circumstances around what caused it will significantly affect how your case moves forward. In addition, the insurance company will usually try to diminish your experiences and downplay the seriousness of your whiplash injury.
A skilled lawyer can illustrate what you endured and how suffering whiplash impacted your life, making the harm apparent to a judge or jury. Your attorney will work with your physicians and medical experts to delve into the consequences of this injury on your life, from your inability to work or enjoy life like you did before the accident.
At KNR our whiplash attorneys will:
If you suffered any type of neck injury in an accident, speak with an experienced personal injury lawyer from Kisling, Nestico & Redick today. We can explain the most common options for recovering compensation: an insurance claim or a personal injury lawsuit. We will guide you through this legal process, always protecting your rights and aggressively seeking the compensation you deserve.
Call 1-800-HURT-NOW today to schedule a free initial consultation.