Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x5gtn Total loading time: 0 Render date: 2024-05-17T20:20:49.253Z Has data issue: false hasContentIssue false

Appendix K - The Ultimate Medical Expense “Buildup”: Whiplash

Published online by Cambridge University Press:  05 June 2012

Lester Brickman
Affiliation:
Benjamin N. Cardozo School of Law
Get access

Summary

Soft-tissue injuries account for a majority of the bodily injury claims generated by auto accidents. This is especially the case in bodily injury claims in urban areas. Soft-tissue injuries cannot be detected by X-rays or MRI scans and are diagnosed solely on the basis of the symptoms reported by the injured person.

The most common soft-tissue injury claimed by auto accident victims is chronic whiplash. A whiplash injury is defined as “an injury to the cervical spine resulting from acceleration and hyperextension of the head during a motor vehicle accident.” The diagnosis of whiplash is made primarily on the basis of subjectively reported symptoms, such as neck pain, headache, back pain, concentration, and memory difficulties, and the absence of similar pre-existing complaints. Ten years ago, it was estimated that more than $29 billion was spent annually in the United States on whiplash injuries and litigation. Today, that amount is undoubtedly higher.

A study conducted in Lithuania attempted to determine whether chronic whiplash was a medical event or simply a reflection of the compensation system. (Lithuania was chosen because, at the time of the study, there was no financial incentive for Lithuanians to claim chronic injuries; because few automobile drivers were covered by personal-injury insurance, most medical bills were paid by the government and lawsuits were rare.) The study compared injury complaints reported by 202 individuals from Kaunas, Lithuania, who had experienced rear-end collisions with injury complaints reported by a control group of 202 individuals from the same region, who had not been involved in an automobile collision.

Type
Chapter
Information
Lawyer Barons
What Their Contingency Fees Really Cost America
, pp. 541 - 544
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×