I have been injured in an accident. Other Personal Injury

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1. Do I need a lawyer?

2. How much will it cost to hire a lawyer?

3. How long will it take?

4. Who pays my bills from a car accident?

5. What about injuries other than from automobile accidents?

6. What about injuries on the job?

7. How much is my case worth?

8. Why the SCHMIDT LAW FIRM?

Whiplash Injury Severity Factors

Douglas E. Schmidt has over 30 years experience in successfully representing the victims of personal injury and wrongful death. He has made a study of both the legal and medical literature relating to whiplash injuries, i.e. flexion/extension or in the words of Dr. Arthur Croft, "the cervical acceleeration/deceleration syndrome."

Schmidt notes that IME doctors all attempt to categorize the victims of whiplash injuries as "crash test dummies" that all react in an identical fashion. The truth is quite the contrary:

(1) The accurate determination of the forces present in a particular collision is impossible, because so many different variables are involved;
(2) Each crash possesses its own characteristics that can make the difference between a collision with minimal or no injury as opposed to a collision with serious injury. An accurate assessment of the actual forces from a collision requires the skills of an expert engineer.
(3) The severity of injury varies from person to person based on personal factors.

Our Minneapolis Injury Lawyer Has Extensive Knowledge

Schmidt notes that the literature contains documentation of the many factors that influence the severity and likely permanency of whiplash injuries, which include the following factors:

1.The amount of "rebound" of the target vehicle and the amount of "crush" of the target vehicle. It is a fact of basic physics that it is the sudden movement of the target vehicle that causes the hyperextension of the human spine. For that reason, the amount of sudden movement, or "rebound" of the target vehicle is the single greatest factor in causing flexion-extension injuries of the spine. The more "rebound", the more injury. To the contrary, the more "crushing" damage to the target car, the less injury because the "crush" absorbs force and reduces the "rebound". Many defense lawyers and insurance adjusters foolishly think that there is a direct relationship between the severity of human injury and the amount of car damage when in fact the exact opposite is often true. I.E. the more car damage, the more "crush". Conversely, the more "crush" the less rebound. The less rebound, the less injury. Simplified, the bottem line is "the more car damage, the less injury."
2. The angle of the collision. There is evidence that any impact that results in the target vehicle being "twisted" or spun at the time of impact is more likely to produce severe injury than a straight-on collision.
3. The differential speed between the two vehicles. A very important factor is that of the differential or "closing" speed between the two vehicles. If the front vehicle is totally stopped and hit from behind at 12 mph the closing speed is 12 mph. Likewise, if the front vehicle is traveling at 20 mph and hit by the rear vehicle going 32 the closing speed is again 12 mph. However, the force of the impact will be greater and the "rebound effect" greater in the case of the impact at higher speeds because there is more "rebound effect" on a car that is already moving.
4. The speed and size of the rear car. It is a simple fact of physics that the larger the rear-ending vehicle is and the faster it is traveling, the greater the force exerted on the target vehicle will be.
5. The speed and size of the front car. Again, the key factor influencing the severity of the injury is the amount of "rebound". The smaller the target car, the more rebound and, therefore, the more injury.
6. Road conditions. The amount of rebound is directly related to the distance that the car moves after the collision. Thus, slippery road surface conditions cause increased “rebound,” thus increasing the severity of the injury. Conversely & hypothetically, the occupants of the car that is firmly anchored in concrete will not suffer injury because their bodies simply do not move.
7. Head position. It is well established that the degree of severity of injury is greater when the head is turned at the time of impact. (Sturzenegger M, DiStefano G, Radanov BP, Schnidrig A. "Presenting symptoms and signs after whiplash injury: the influence of accident mechanisms". Neurology 1994; 44:688-693.; Radanov BP, Sturzenegger M, De Stefano G.) "Long-term outcome after whiplash injury. A two-year follow-up considering the features of injury mechanisms and somatic, radiologic, and psychosocial findings."(Medicine 1995; 74(5):281-296.)
8. Gender. Research has consistently shown that women are at a much higher risk of developing chronic whiplash pain than are men. Experts have suggested that this increased risk may be due to differences in anatomy or seating position. Other experts believe that the difference is due to the fact that females then to have less musculature of the neck and upper back.
9. Victim preparedness. Literature documents the fact that the victim who is unprepared or surprised with no warning of the impending collision will be likely to suffer greater injury to the neck and back than those who have an opportunity to brace themselves thus minimizing the hyperextension. "Presenting symptoms and signs after whiplash injury: the influence of accident mechanisms." (Neurology 1994; 44:688-693).
10. Head restraints. Research has proven that head rests or restraints that are improperly positioned can actually increase the severity of neck injuries. Research has also proven that nearly 90% of all headrests are not properly positioned. Most people mistakenly believe that the head restraint is a head "rest," and use it to rest their heads. The restraint should be positioned so that the back of the head touches it. Many adjustable head rests are set too low, so that they act as pivots during hyperextension, causing more injury.
11. Seat Position: Another aggravating factor is that of the seat position. Many drivers drive with the seat set back at an angle so that the upper torso will whip backward with greater force, causing a more serious injury. Even seats that are set too far forward can aggravate the whiplash effect, causing greater hyperextension, even with a head rest.
12. Safety belts. Medical literature has established that while shoulder belts do save lives, they aslo can exaggerate the flexion-extension mechanism by holding the body in a fixed position while the head experiences an even greater hyperflexion. Because shoulder belts typical only go over one shoulder, they can cause a twisting of the upper torso as one shoulder is being restrained and the other not. This then causes a potentialfor greater injury due to the twisting forces. Additionally, there is evidence that shoulder belts can cause chest injury. The Schmidt Law Firm has recently handled several cases of severe injury to the sternum which were presumably caused by shoulder belt trauma to the chest.
13. Prior Medical condition. Prior health condition is a very critical factor in determining the severity of injury. Prior neck and back conditions, such as degenerative arthritis or degenerative disc disease can result in a minor impact having major consequences.
14. Time of Pain onset. It is generally recognized that patients with immediate symptoms are at a higher risk of long-term pain from whiplash. Patients who reported pain immediately after their accidents were more likely to have pain at two years post-injury. See Radanov BP, Sturzenegger M, De Stefano G. "Long-term outcome after whiplash injury. A two-year follow-up considering the features of injury mechanisms and somatic, radiologic, and psychosocial findings." (Medicine 1995; 74(5):281-296).

Doug Schmidt has devoted his professional career to bring justice to the victims of personal injury and wrongful death in car, truck, motorcycle and pedestrian collisions. He is committed to the scholarly study of the physical science and medical science involved and wishes to share that information.

Douglas E. Schmidt
Personal Injury Attorney

13911 Ridgedale Drive,
Suite 110
Minneapolis, MN 55305

Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308

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11. $600,000 against Ford Motor

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