Personal Injury Attorney & Personal Injury Lawyer Blog

July 28, 2010

The Anatomy Of Chiropractic Care In The Treatment Of Whiplash In A Car Accident

Chiropractic care is a common treatment for whiplash. To understand how chiropractic works for this injury, it is important to understand whiplash. Pain in the neck, shoulders, head or the base of the skull that occurs after a motor vehicle accident is often referred to as whiplash. It’s a common term that most patients hear following an automobile accident. Most patients with whiplash recover in a few weeks or at most, a few short months. However, in a small percentage of 15 to 20% of people develop chronic pain that does not go away so easily. Whiplash is not a trivial problem, because once it has occurred; only 70% have recovered completely by one year and only eighty two percent have recovered completely by two years. In addition to neck pain, there are many symptoms associated with the whiplash syndrome that include sleep problems, ringing in the ears, poor concentration and memory, blurry vision, fatigue, and weakness.

The treatment for whiplash syndromes depends on the stage and degree of the problem and which structures have been injured. Treatment can vary from chiropractic care, physical therapy, orthopedic intervention and more. In addition to soft tissue injury, pain that persists after four to six months is usually due to injury to the facet joints, one or more discs, or both. The diagnosis can usually be made by injections, MRI, and X-rays. Treatment is usually successful, but may require physical therapy, injections, and occasionally surgery.

The term whiplash is confusing to many. This is because it is both a mechanism of injury and the symptoms caused by a car accident. It is due to a traumatic event that causes the head to move suddenly in a whipping motion in one direction and then recoil in the other direction. The most common cause of whiplash is a motor vehicle accident in which one vehicle is struck from behind by another. However, it can occur when a car stops abruptly after striking a pole, a wall, or another car, and can also occur after a side impact.

Significant damage to ligaments, discs, and joints can occur even if the swings of extension and flexion are not excessive, but often the neck is forced to the extreme ends of normal range or beyond. Because the trauma is usually sudden, occupants of the car are not prepared for the impact. The muscles are relaxed, which allows more forces on the discs, ligaments and joints. Perhaps the most important fact about whiplash is that significant pain and structural damage can occur even in low velocity crashes.

It is the patient with persistent ache without any other specific findings on examination or specialized tests that presents the most problems for the patient himself or herself, the doctors, and the legal system. In the first few weeks to months after motor vehicle collision, it is often impossible to determine the exact cause or causes of the ache. The symptoms and signs are not sufficiently specific. In almost every instance, the muscles and ligaments have been strained and may be inflamed, painful, and tender. However after about 3 months, primary muscle or other soft tissue injuries usually have healed entirely.

In a research study by Drs. Bogduk and Aprill, in 23% of patients, facet joints alone were the cause of pain, in 20% of patients the discs alone were the cause of pain, and in 41% of patients both the facet joints and discs were contributing. They were not able to identify the source of the pain in only 17% of their patients. The most common causes of persistent pain in whiplash are the facet joints and the discs. There is a poor correlation between the radiographic appearance of the joints and whether they are painful. Some joints which look bad are painless while other joints that look normal can be proven to be a source of pain. Only facet injections can determine whether the joint is painful.

Many whiplash patients have symptoms which seem unexplainable, such as headaches, pain in the shoulders, between the shoulder blades, or in one or both arms. These symptoms can significantly impact activities of daily living. There may be fatigue, dizziness, problems with vision, ringing in the ears, heaviness in the arms, and low back pain. There can be poor concentration or memory, change in emotions with irritability, depression or short temper, and sleep disturbance. Dizziness occurs in one-quarter to one-half of people with whiplash injury. Again, researchers are not sure of the cause. The most likely explanation is an injury to the part of the inner ear that regulates balance. Problems with memory and concentration can be due to the pain itself, depression, medications, or trauma to the brain. Visual disturbances occur in 10 to 30% of whiplash patients and blurred vision is the most common.

Fortunately, most people who suffer cervical spine ache after an acceleration deceleration injury will recover by six months. However, a small percentage of people continue to have ache. Most patients destined to recover completely will have done so by three to four months, after which the rate of recovery slows markedly. By two years, essentially all patients have reached their individual maximum improvement. About 18% continued to have significant ache two years after the collision! Patients who did not get well tended to be older, had ache which began sooner after the collision, and/or had their head rotated to either side at the time of impact. They also found that patients who, before the collision, had a history of cervical spine ache; arthritis of the cervical spine, or headaches did not do as well.

Common sense would tell us the greater the pain and impairment, the larger the legal settlement or award might be. Rarely, patients may exaggerate their symptoms or be faking. However, a bigger question is whether the potential for money from a legal settlement can unconsciously prolong or worsen the pain. This is called “secondary gain” and it is unconscious, not fraudulent. The science shows that personal injury litigation does not adversely affect outcome. In a study from 1993, Drs. Parinar and Raymakers re-evaluated patients they had seen previously for legal opinions, not for treatment, 8 years after the initial consultation. They concluded that lawsuits did not influence the timing or degree of recovery. In 1983, Drs. Norris and Watt reviewed 61 patients who were treated for whiplash injuries, 41 of whom had personal injury lawsuits. They found no change in symptoms after claims were settled. About ten years later, long after litigation had settled, only 12% had completely recovered, and 48% had pain which interfered with normal daily life.

Several years ago a group of patients were analyzed. They were referred for therapy by their attorneys because they were not getting better. The patients were treated with strengthening exercises, body mechanics training, medications, spinal injections and occasionally psychotherapy. No patient in this study needed surgery. Most of the patients did well with significant improvements in ache and function. Although most patients still had mild ache at the end of therapy, it was not enough to interfere with their daily lives. These very favorable results occurred although none of the lawsuits had been settled.

Want to find out more about car accident injuries, then visit the car accident web site site on how to choose the best chiropractor for your needs.

June 11, 2010

Psychological Rehabilitation Following A Road Traffic Accident

Filed under: Personal Injury — Tags: , , , , , , — nelly hall @ 7:32 am

This article focuses on the research conducted by Dr Manda Holmshaw PhD, consultant clinical psychologist and Clinical Director of Moving Minds, as well as Wilson Carswell OBE FRCS, Medical Director of Moving Minds. The article delves into the importance of road traffic accident victims undergoing both psychological rehabilitation and physiological rehabilitation.

Rehabilitation is now acknowledged as being vital in the speedier recovery of victims of road traffic accidents, thereby enabling them to resume their normal social activities and work. It has not always been acknowledged that psychological rehabilitation is as important as physiological rehab, especially in cases where prolonged illness or problems have resulted from such trauma.

In the moment when an individual is involved in a Road Traffic Accident (RTA), they normally experience severe panic, believing that they are going to suffer serious injuries or even succumb to them and die. The defence mechanisms in the brain operate for the removal of these memories from the front of the mind, thereby enabling the victim to deal with such trauma shortly after they are formed. However, this process is interrupted in some cases of trauma and the person may begin to suffer long term psychological problems as a result of the accident. These conditions include Post Traumatic Stress Disorder (PSTD) and Travel Anxiety which may hinder the resumption of an active and happy life for the victim.

An experiment in Oxford was conducted by Professor Mayou with 1000 RTA victims as they arrived into Accident and Emergency. The patients underwent various standard psychological tests to detect if they were experiencing any psychological problems after the accident. The tests were followed up in the next three years. The majority of the test subjects were deemed not badly injured enough to require admittance into a hospital, although one in three was showed to be suffering from a psychological disorder. Over the test period, this number gradually reduced to one in four victims showing effects of psychological disorder three years following the accident.

This poses a major problem when you take into account the fact that the majority of the group involved in the study had not yet been admitted to hospital, yet 25% of them showed signs of suffering conditions such as depression and PTSD years after the RTA occurred.

Diagnosis and Evaluation

Over the years, psychologists have studied various kinds of psychological illnesses. Tests have thereafter been developed to research the symptoms in order to determine which problem the patient may be suffering from. Various widely validated tools have been used by psychologists to support their diagnosis including the Clinical Administered PTSD Scale (CAPS), the Impact of Event Scale (IES) and the Hospital Anxiety and Depression Scale (HADS). Others include the General Health Questionnaire (GHQ) and the Beck Depression Inventory (BDI) and the Beck Anxiety Inventory (BAI).

Assessment

For a RTA victim, psychological assessment is an important part of managing a person who has experienced this kind of trauma and possibly sustained injuries. It should be conducted by a Clinical Psychologist or Psychiatrist in their consulting premises or sometimes at the person’s home.

A psychological assessment usually costs between 300 and 500 and lasts for around an hour and a half. During this time a test will determine the health of the person prior to their accident and the details of the accident will be noted. The Psychologist will then use the tools mentioned to diagnose any conditions present and then prescribe the correct course of treatment. Many Psychologists reports use the Rehabilitation First Code of Practice which means the form of reporting is independent and can be used in a claim for compensation if necessary.

Treatment

The commonest treatment at present is expectant, where the person hopes and expects to return to good health immediately! But as Dr Mayou’s experiment shows, this often doesn’t happen. The cost of this treatment is often significant; a person may not be able to return to work for some time and struggle with to return to a normal social life.

Where RTA victims need the brain to integrate the bad experience, medication has not proved useful to this end although it is shown to be very beneficial when treating depression.

Counselling also has proved unbeneficial to PTSD sufferers whose problems stem from one event like an RTA.

Recommended treatments for these conditions include CBT, which is Cognitive Behavioural Therapy developed by psychologists over many years of study, exposure therapy, and EMDR (eye movement desensitisation and reprocessing). The principle of CBT is that a person’s thoughts affect their psychological well being, and by challenging unhelpful thoughts and testing new ways of behaving they can affect their mood and wellbeing. EMDR, used extensively in the eighties, works to allow the reprocessing of the feelings and emotions experienced in the accident or traumatic event. This is achieved by getting the patient to recall memories from the experience itself whilst the therapist stimulates their brain with eye movements or sound. EMDR seems as effective as CBT when treating PTSD cases but often takes less sessions to produce the same effect. Exposure therapy is used less frequently with more current emphasis on CBT, but involves a person with PTSD confronting the traumatic situation. This has also produced good results but is extremely emotional for the individual.

Getting Help

If you have been involved in an RTA and have concerns about psychological problems you could be experiencing, you should contact your GP to discuss your experiences and decide on a course of treatment if necessary.

You could also be entitled to make a personal injury claim for compensation. You should look for an experienced legal practice to handle your case such as Duncan Gibbins Solicitors based in Manchester who specialise in RTA cases and offer a no win, no fee service.

Want to find out more about how you may be able to claim compensation if you’ve been involved in a RTA, then visit Duncan Gibbins Solicitors who specialize in personal injury cases.

March 5, 2010

How to find the best Personal Injury Lawyer

When choosing a personal injury lawyer, do not select the attorney with the most impressive advertisement on the radio, television, newspaper or Yellow Pages. These attorneys may not be the best-suited to handle your specific claim the best way possible. Instead, you should carefully look at several personal injury attorneys before choosing one to represent you. It may be a good idea to ask for any referrals from people you know who have had similar claims to yours. These are important things you should consider when researching personal injury lawyers:

1. Do the attorneys have the knowledge representing the claim that you have? Personal injury lawyers specializing on specific types of legal claims and may be good attorneys for cases within that area of usual procedure, but may not be expressly proper for working on other types of claims. For example, a personal injury lawyer who has handled a large number of car accident cases successfully may not be best suited to handle your medical malpractice claim. Different laws govern different types of offense and you need to choose an attorney who is not only accustomed with the laws that will help you receive financial restitution for your damages, but an attorney who is an expert at defending your particular personal injury case.

2. How successful has the attorney been at recovering financial damages for their clients? You want to hire a personal injury lawyer with a proven track record for helping their clients receive the financial compensation they are entitled to. Some important things you will want to consider when determining the attorney’s success rate are how many cases the lawyer has brought to trial (and the winning rate of those trials) and how many cases the attorney has settled out of court. Even if you are planning on settling out of court, you want an attorney with good courtroom knowledge in the event that a trial is the only way to receive financial compensation for your damages.

3. Does the attorney belong to any professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice? Belonging to professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice may be indicative of a commitment to promoting fair and effective justice.

4. What type of fee does the personal injury attorney charge for your type of claim? Many personal injury lawyers will work on a contingent fee basis. That is, they do not receive any payment for their services unless they recover money for you in settlement or court proceedings. The money an attorney receives when working on contingency is a percentage of the amount he or she recovers for you. It is a good idea to ask what percentage of your recovery the attorney will take and receive the terms of your fee arrangement in writing.

In the end, ask how many years of experience the personal injury legal firm has, where their attorneys went to law school and if they have any additional practice or experience in your kind of claim. The more information you receive about your potential personal injury law firm, the more likely you will be able to hire someone who can help you get the compensation you are entitled to receive.

You want to hire a personal injury legal firm with a high recovery rate with cases like yours, so you need to consider the attorney’s personality and legal philosophy as well. During your case, you will be investing a lot of time with your attorney and placing a lot of faith in their character and competence. Therefore, it is substantial that you feel good with your attorney’s attitude and philosophy.

It is imperative that you carefully look at all the information you have received about qualifying lawyers so you can hire the personal injury lawyer who not only has the most knowledge handling your type of claim, but the one who will fight for you to help you receive fair financial compensation for your injuries. Not all attorneys will be able to help you recover the maximum amount of money you deserve for your damages; therefore, it is important to take the time to investigate several attorneys and pick the one with the highest qualifications and experience.

If you have a personal injury or a wrongful death case, contact the Personal Injury Lawyers at Shaked Law Firm immediately to schedule an appointment for a free initial consultation. Click here to submit the case evaluation form. There are time limits that require that you act promptly to protect your legal rights!

June 18, 2009

Why Hire a Los Angeles Personal Injury Attorney?

www.losangelespersonalinjuryfirm.com – Personal injury attorney Lee Arter explains why it’s in your best interest to hire a lawyer to help you with any accident injury claim. The Law Offices of Lee Arter handles all personal injury claims, and we want to work with you to help you recover compensation for your injuries. Call Lee Arter today at 800-715-4489.

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Why Hire a Los Angeles Personal Injury Attorney?