Whiplash Associated Disorders and Personal Injury Claims
Whiplash associated disorder (WAD) is a term given to injuries caused by the rapid back-and-forth (“whiplash”) motion of the head and neck. Sudden movements characterized by a significant change in speed or direction can damage the bones, muscles, and other soft tissues in the neck. These types of injuries are particularly common in Motor Vehicle Accidents (MVAs).
WAD can be difficult to diagnose; it can evolve over time and manifest via several different symptoms. Pain from a WAD can begin immediately after an accident or slowly develop in the days and weeks that follow.
Regardless of when and how WAD manifests, it can have a significant impact on your movement, work, and ability to carry out daily tasks.
What are the symptoms of WAD?
WAD is often associated with neck pain, but may also include:
- headaches;
- dizziness;
- loss of balance;
- neck stiffness;
- tinnitus;
- problems with concentration and memory;
- anxiety;
- disturbed sleep; or
- malaise.
In many cases, these symptoms are difficult to distinguish from other injuries that can occur in an MVA. If you have been in an accident, make sure to undergo a full medical checkup.
What are the different grades of WAD?
Whiplash-associated disorder is an extremely variable injury with symptoms that range from a stiff neck to dislocated joints or serious neurological issues. Given the range of symptoms, WAD injuries are grouped into four levels often referred to as “grades.” These grades are:
- WAD I: Complaints of neck pain, stiffness, or tenderness. Normal range of motion and strength, no swelling, and no muscle spasms.
- WAD II: Neck pain with limited range of motion, spasms or swelling, tenderness in the neck and shoulders with possible sprained ligaments or muscle tears.
- WAD III: Some or all WAD II symptoms plus neurological symptoms such as decreased reflexes, skin numbness or tingling, muscle weakness, impingement, or injuries to neural tissue (brain, spinal cord, and nerves).
- WAD IV: Fracture or dislocation.
WAD grades and “caps” on compensation
An accurate diagnosis of the correct WAD grade is essential to your recovery and any potential personal injury claim. Specifically, Alberta’s Minor Injury Regulation, Alta Reg 123/2004, establishes a “cap,” or maximum level of compensation that can be paid to a person who suffers “minor injuries.” This cap is adjusted each year to account for inflation and stands at $5,365 in 2021.
Insurance companies generally use WAD grades to determine whether your injuries are “minor,” and therefore subject to the cap. WAD I and WAD II are generally interpreted as minor injuries subject to the cap if these injuries are quick to resolve with no lingering impairments. However, this is a contentious area of the law and a diagnosis of WAD I or WAD II does not automatically cap your compensation or limit your right to claim for other injuries.
WAD III and WAD IV are not minor injuries and are not subject to the cap.
In addition to affecting compensation, the WAD grade may impact the nature and extent of treatment. Under the Minor Injury Regulation, physicians, chiropractors, and physiotherapists can begin treating minor injuries immediately after diagnosis. Conversely, treatments for WAD III or WAD IV cannot begin until an assessment under the Diagnostic Treatment Protocols Regulation, Alta Reg 116/2014 is completed.
What does this mean if I have been injured in an accident?
If you have been injured in an MVA, the first and most important step is to get a thorough and accurate diagnosis of your injuries. This diagnosis will form the foundation of your recovery, treatment plan and any potential claim. Given the variable nature of WAD and implications the diagnosis can have on compensation, consulting a personal injury lawyer early on can reduce uncertainty and assist in your ongoing recovery.
The experienced personal injury lawyers and Vogel LLP can help you navigate the difficult issues that arise following an MVA. There are no upfront costs and we only get paid if you do.
Whiplash-associated disorders can have a significant impact on your physical, emotional, and financial well-being. Book a free consultation to learn more about how professional legal assistance can help you navigate this process.