LAW 294 Medical Jurisprudence:

WHIPLASH INJURY

ATTY. JULIUS M. CONCEPCION

Professor

OFEL JEMAIMAH I. OBLAN

LLB-II
Introduction

The most common complaints of a person involved in a car accident are pain and stiffness in the
neck and back with some headaches. These symptoms appear within the first couple of hours or
days after the accident and often pass after a few days or more usually a few weeks. Car accident
victims commonly report cervical spine distortion as their injury. Problems with proving this
kind of injury, including its effects, come to light in insurance claims adjustment, and if the
tortfeasor driver or the insurer refuses to pay compensation or general damages, such problems
should be resolved in the jurisdiction of court. This paper discusses legal issues involved in
proving whiplash-associated disorders under the law and the evidences that may use in court.

Nature of Whiplash Injury

Whiplash is a soft-tissue injury of the neck that’s caused as such when your neck is forced to
move quickly back and forth—much like the motion of a whip cracking. Commonly, it is often
associated with rear-end car accidents, such as sports accidents, physical abuse, and other forms
of trauma can also lead to whiplash injuries.1 Accordingly, Whiplash happens at all speeds.
Researchers have actually shown that whiplash can happen at low-speed crashes less than 5
MPH. Also, a rear impact at only 10 MPH can whip the head forward with a force of up to 9 Gs
(a “G” being the gravitational pull on the earth).

Signs and symptoms of whiplash usually develop within days of the injury, and may include:

 Neck pain and stiffness

 Worsening of pain with neck movement
 Loss of range of motion in the neck
 Headaches, most often starting at the base of the skull
 Tenderness or pain in the shoulder, upper back or arms
 Tingling or numbness in the arms
 Fatigue
 Dizziness

Some people also have:

 Blurred vision
  Ringing in the ears (tinnitus)
 Sleep disturbances
 Irritability
 Difficulty concentrating
 Memory problems
 Depression

More likely, people with whiplash get better within a few weeks by following a treatment plan
that includes pain medication and exercise. However, some people have chronic neck pain and
other long-lasting complications

Complications

It is difficult to predict how each person with whiplash may recover. In general, you may be
more likely to have chronic pain if your first symptoms were intense, started rapidly and
included:

 Severe neck pain

 More-limited range of motion
 Pain that spread to the arms

The following risk factors have been linked to a worse outcome:

 Having had whiplash before

 Older age
 Existing low back or neck pain
 A high-speed injury

Can Whiplash Cause Neurological Problems?

Whiplash injury can be neurological problem under referred pain which comes from damaged
structures in the neck like disc injuries, ligament damage, and most commonly facet joint
damage in rear-end crashes.
Diagnosis

In most cases, the doctor will normally ask questions about the injury, such as how it occurred,
which part on the patient’s body feel pain, and whether the pain is dull, shooting, or sharp. They
may also do a physical exam to check the range of motion and look for areas of tenderness.

The doctor might order an X-ray to ensure that the pain isn’t connected to any other type of
injury or degenerative disease. Other tests, such as CT scans and MRI, will allow the doctor to
assess any damage or inflammation in the soft tissues, spinal cord, or nerves.

Treatment

Limited evidence exists in current medical literature to support certain whiplash treatment
methods over others. For most people, whiplash results in mild ligament sprains or muscle
strains that heal within a few days or weeks. However, sometimes whiplash symptoms can last
months or longer. The long-term prognosis for whiplash patients can vary widely and usually
correlates to the severity of initial symptoms.

The treatments for whiplash are relatively simple. Doctors will often prescribe an OTC pain
medication like Tylenol or aspirin. More severe injuries may require prescription painkillers and
muscle relaxants to reduce muscle spasms.

In addition to medication, physical therapy plays a crucial role in recovery. You may want to
apply ice or heat to the injured area and practice simple exercises to build strength and flexibility
in your neck. Practice good posture and learn relaxation techniques to keep your neck muscles
from straining and to help with recovery. The person who might have experienced whiplash
might also be given a foam collar to keep your neck stable. Collars should not be worn for more
than three hours at a time. They should only be used the first couple of days after your injury, as
well.2

There are also alternative remedies to treat the pain. Some include: chiropractic care; massage,
which may relieve some of the tension in the neck muscles; electronic nerve stimulation, which
involves a gentle electric current that may help reduce neck pain and acupuncture, though no
studies confirm acupuncture’s ability to ease neck pain
Making an Injury Claim for Whiplash After an Accident in Court

Claims from car accidents can be a long and drawn-out process, and in some cases,
the court may not honor the claim at all. So how often do whiplash claims go to
court?

Determining Fault in Car Accidents

In most car accident cases, the primary issue is to be able to determine who is at
fault. Quite often, a police report is generated which may state which driver is at
fault. On occasion, an individual who wasn’t even driving the vehicle or present
at the accident can be assigned blame. These situations include when an employer
is found to be liable for a wrongful act committed by an employee, or when you
allow someone else to drive your vehicle. If you let a friend drive your car and
they are involved in an accident, you are responsible for their actions. Witnesses
are used to testify as to what they saw. They may be called upon to give a
recorded statement to the insurance company or assist in reconstructing the
accident. A witness may not even be a human. Surveillance cameras can act as a
witness, which doesn’t rely on human recollection.

Thus, the principal considerations in determining whether a motorist has been

reckless in driving an automobile are the following:

1. Rate of speed, in connection with other circumstances

2. Evidence of the extent of the damage caused may show the force of the impact
from which the rate of speed of the vehicle may be modestly inferred.

3.Obtaining and Using a Police Report

4. Medical reports and testimony of the injured person

Cases involving Whiplash

G.R. No. 182356 (December 4, 2013)
DRA, LEILA A DELA LLANA, Petitioner,
vs.
REBECCA BIONG, doing business under the name and style of Pongkay Trading,
Respondent.

FACTS:
On March 30, 2000, at around 11:00 p.m., Juan dela Llana was driving a 1997 Toyota
Corolla car along North Avenue, Quezon City. His sister, Dra. dela Llana, was seated at the front
passenger seat.

Juan stopped the car across Veterans Memorial Hospital when the signal light turned red.
A few seconds after the car halted, a dump truck containing gravel and sand suddenly rammed
the car’s rear end, violently pushing the car forward. Due to the impact, the car’s rear end
collapsed and its rear windshield was shattered. Glass splinters flew, puncturing Dra. dela Llana.
Apart from these minor wounds, Dra. dela Llana did not appear to have suffered from any other
visible physical injuries.

The traffic investigation report dated March 30, 2000 identified the truck driver as Joel
Primero and he was recklessly imprudent in driving the truck. His employer was respondent
Rebecca Biong, engaged in a gravel and sand business.

In the first week of May 2000, Dra. dela Llana began to feel mild to moderate pain on the
left side of her neck and shoulder. The pain became more intense as days passed by. Her injury
became more severe. Her health deteriorated to the extent that she could no longer move her left
arm. On June 9, 2000, she consulted with Dr. Rosalinda Milla, a rehabilitation medicine
specialist and told her that she suffered from a whiplash injury, an injury caused by the
compression of the nerve running to her left arm and hand. Dr. Milla required her to undergo
physical therapy to alleviate her condition. Dra. dela Llana’s condition did not improve despite
three months of extensive physical therapy.

Issue:

whether Joel’s(truck driver) reckless driving is the proximate cause of Dra. dela Llana’s
whiplash injury

RTC Ruling:

The RTC ruled in favor of Dra. dela Llana and held that the proximate cause of Dra. dela Llana’s
whiplash injury was Joel’s reckless driving.

CA Ruling:

In a decision dated February 11, 2008, the CA reversed the RTC ruling. It held that Dra. dela
Llana failed to establish a reasonable connection between the vehicular accident and her
whiplash injury by preponderance of evidence.

Supreme Court Ruling:

Dra. dela Llana failed to establish her case by preponderance of evidence.

She anchors her claim mainly on three pieces of evidence:

(1) Pictures of her damaged car,

(2) Medical certificate dated November 20, 2000, and

(3) Testimonial evidence.

However, none of these pieces of evidence show the causal relation between the vehicular
accident and the whiplash injury.

Dr. Milla who had personal knowledge of the contents of the medical certificate did not testify in
court and was not even able to identify and affirm the contents of the medical certificate.

Dra. dela Llana, during trial, did not adduce the factum probans or the evidentiary facts by which
the factum probandum or the ultimate fact can be established.The pieces of evidence presented
by the parties before the trial court shows that Dra. Dela Llana did not present any testimonial or
documentary evidence that directly shows the causal relation between the vehicular accident and
Dra. Dela Llana’s injury.

Conclusion/Rationale:

“In vehicular accidents which resulted to physical injuries, testimonial or documentary evidence
that directly shows the causal relation between the vehicular accident and injury suffered is the
factum probandum or the ultimate fact that needs to be established in the case.”

(Dela Llana vs Biong, G.R. No. 182356,December 4, 2013)

References:

1. Retrieved from : https://www.mayoclinic.org/diseases-conditions/whiplash/symptoms-

causes/syc-20378921#:~:text=Whiplash%20is%20a%20neck%20injury,traumas%2C
%20such%20as%20a%20fall.
2. Retrieved from : https://www.healthline.com/health/whiplash#treatment