Whiplash lawyers in Barcelona.

Cervical Whiplash

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We are experts in claiming compensation for traffic accidents that cause whiplash, one of the most common injuries caused by vehicle collisions.

The first thing to know if you are in an accident is that you are entitled to compensation if you have a cervical sprain or cervical rectification due to the accident.

Secondly, if you have symptoms such as pain, neck pain, dizziness and vertigo after a traffic accident, it is important to go immediately to the emergency room to get a diagnosis and treatment.

Most importantly, to get all the compensation you’re due, it is advisable to contact a lawyer who specialises in whiplash from traffic accidents, who is fully independent and unrelated to the insurance companies.

At Onandia Abogados, as independent lawyers, we counsel our clients and ensure maximum compensation!

How? With a team of medical experts who assess personal injury objectively and following a code of ethics, based on the degree of the injury and its consequences. We have the best professionals specialised in cervical sprain and cervical rectification, as well as accident reconstruction experts, economists who can assess all the possible economic damages incurred, etc.

We also study the insurance policies of injured vehicles since these often also cover litigation expenses. In doing so, we make sure that the injured person always gets the maximum compensation for common whiplash.

Cervical sprain: grades and symptoms

Cervical sprain or whiplash is the most common injury in traffic accidents. The impact of the vehicle generates a forced extension-flexion mechanism of the neck that is transmitted down the spine, which can affect the cervical, dorsal, lumbar, sacral and coccyx segments. Since the cervical segment is the weakest, it is usually the most affected in these types of collisions, so it is the most common.

The Quebec classification, which was created to categorise cervical injuries caused by the acceleration-deceleration mechanism, defines the severity of the whiplash injury as follows:

  • Grade 0: there are hardly any cervical symptoms or physical signs.
  • Grades 1: patients with cervical symptoms such as pain and stiffness, without physical signs.
  • Grade 2: patients with symptoms in the musculoskeletal system with limited mobility.
  • Grade 3: patients with cervical symptoms and neurological signs such as sensory deficit, loss of deep tendon reflexes and weakness.
  • Grade 4: patients with cervical symptoms and cervical fracture or dislocation.

The most common symptoms associated with whiplash are pain or neck pain, neck stiffness, headaches, dizziness, vertigo, paresthesia, difficulty sleeping, concentration problems and fatigue.

The most common treatment for whiplash is usually rest, muscle relaxants, physiotherapy and rehabilitation. This treatment should be followed exhaustively and following the recommendations of doctors to help alleviate the symptoms or minimise sequelae, preventing them from becoming chronic.

The chances of suffering whiplash and its progression depend on your anatomy; the neck of a boxer will be more resistant than that of an elderly or sedentary person, who will likely have a more severe injury.

Normally insurers assess the existence of a cervical sprain based on the material damages of the vehicles involved in the accident without taking into account the physical and functional characteristics of the occupants of the affected vehicle. This assessment lacks any foundation and this is demonstrated by the majority of court decisions that deny the relationship between damage to vehicles and whiplash.

In short, if you are a victim of a traffic accident and suffer cervical sprain or cervical rectification, you should scrupulously follow the judgment of health professionals independent to the insurers to gain maximum damages.

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Ramon Onandia lawyer's office telephone: +34 934 881 125.

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      In compliance with the provisions of current regulations on the Protection of Personal Data, we hereby inform you that the data collected in this form will be incorporated and processed in the file called Web Users under the responsibility of RAMÓN ONANDIA ALSIUS in order to be able to provide its services, as well as to keep you informed about issues related to the activity of the company.
      We hereby inform you that the data you provide will be processed in a fair, transparent, adequate, relevant, limited, accurate and updated manner and will not be communicated or transferred to third parties, except when necessary or may involve an improvement for the purpose of the same, always in accordance with the current regulations on data protection, General Data Protection Regulation.
      If there are changes in any of the data provided, please inform us in writing so that we can keep our file updated.
      We hereby inform you that you can exercise your rights of access, rectification, deletion, opposition, limitation of the processing and portability of your personal data in person at the offices of RAMÓN ONANDIA ALSIUS, accompanied by a copy of your ID, or by postal mail to RAMBLA CATALUNYA 87. 2º D de BARCELONA, 08008 BARCELONA, or email ROA@ONANDIA.COM

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      Frequently asked questions

      All are medical conditions commonly caused by rear-end collisions, although they can be caused by other types of mechanisms. The Law includes them under the category of “compensation for minor injuries to the cervical spine”, although to properly assess all the sequelae it is also important to assess other categories such as algias, pain, previous osteoarthritis, type of fracture, hernias and limitation of mobility.

      According to the Quebec classification for whiplash-associated disorders, which is merely indicative, there are different degrees of injury:

      • Grade 0: there are hardly any cervical symptoms.
      • Grades 1 and 2: have cervical and musculoskeletal symptoms such as pain, stiffness, with or without physical signs and limited mobility,
      • Grade 3: has cervical symptoms and neurological signs such as sensory deficit, decrease or absence of deep tendon reflexes and weakness.
      • Grade 4: has cervical symptoms and fracture or dislocation.

      Depending on the degree of cervical sprain injury the consequences for the injured person are different and therefore the whiplash compensation will also vary substantially.

      The whiplash compensation range is usually between €3,000 for mild whiplash to €50,000 in the event of a fracture. In addition to this compensation there will be other damages due for variables such as days off work, other sequelae, loss of quality of life, disabilities, loss of earnings and expenses.

      The current scale of traffic accidents, Law 35/2015, considers four possible compensation circumstances for each day of leave:

      • *€105.35 for hospital stays in the ICU.
      • *€79.02 for hospital stays in a room.
      • * €54.78 for leave from work for Social Security or Mutual Insurance, or similar situation, because the injured person is prevented from doing their usual tasks or occupations.
      • *€31.61 in case of going to rehabilitation until medical discharge.

      Yes, the compensation covers from the date of the traffic accident to the date of discharge, regardless of the date on which rehabilitation is started by medical criteria.

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      We recommend:

      Before accepting any type of accident compensation offered by your insurance company(ies) or the other party:
      1. Do not sign any documents.
      2. Consult with your lawyer, as the amount is very likely to be less than what you could receive.