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Is there a connection between tinnitus and a whiplash injury suffered in an auto accident?
Wiki User
∙ 12y ago
Yes, according to my experience and a fair amount of medical literature. See following letter that my attorney used, successfully, in a recent personal injury case...
BY FACSIMILE AND FIRST CLASS MAIL
BIG Insurance Company
Re: Mr. ________________
Date of Accident: _______________
Your Insured: _________; Policy # ____________
INADMISSIBLE SETTLEMENT COMMUNICATION
Dear Mr. _____________:
I am writing as a follow-up to previous conversations with you regarding the serious injuries suffered by Mr. __________ and, more specifically, to speak to the issue of the tinnitus suffered by Mr. _________ as a consequence of the accident. This letter is a settlement communication and shall be afforded all privileges associated therewith.
Initially, it would appear that we are in agreement regarding a number of factors concerning the unfortunate accident. First, we appear to agree that on _________, the negligence of your insured resulted in her motor vehicle colliding with that of Mr. _________'s vehicle and that, at the time of the accident, Mr. _________'s vehicle was not moving. Further, it would appear that we agree that the medical documentation provided to date irrefutably concludes that, as a result of the accident, Mr. _________'s neck snapped backwards, causing him to suffer from whiplash.
Based on our previous conversations, I understand BIG Insurance Company is disclaiming any liability for the tinnitus and does not feel it could have been caused by the accident. Accordingly, BIG Insurance Company contends that, despite Mr. _________'s proper use of ear safety equipment, despite never having suffered any tinnitus symptom prior to the accident, despite his medical providers documenting the onset of tinnitus the day afterthe accident (see documents enclosed with _________ letter at pgs. 104-05), and further despite Mr. _________'s doctors concluding that his tinnitus is most likely "trauma induced," (see documents enclosed with _____ letter at p. 006), that the most likely cause of Mr. _________'s suffering is his prior use of firearms. Respectfully, we assert that the medical literature on the subject is in direct contradiction of this position.
The medical profession currently defines a number of different diagnoses collectively as a "whiplash associated disorder" (or "WAD"). Tinnitus is accepted as such a WAD. Coping in Patients with Chronic Whiplash-Associated Disorders: A Descriptive Study, Peolsson, Michael and Gerdle, Bjorn, J. Rehabil. Med. 2004; 36:28-35 (2003); see also The Development of Persistent Pain and Psychological Morbidity after Motor Vehicle Collision: Integrating the Potential Role of Stress Response Systems into a Biopsychosocial Model, McLean, Samuel A., et al., Psychosomatic Medicine 67:673-790 (2005) ("WAD are common after MVC [motor vehicle collisions], with symptoms that include … tinnitus.").
A study of 7,462 whiplash claimants discovered that tinnitus, specifically, is "common after a whiplash injury." A Re-Examination of the Whiplash Associated Disorders (WAD) as a Systemic Illness, R. Ferrari, et al., Ann. Rheum Dis 2005;64-1337-1342 (Feb. 24, 2005) (emphasis added). So common, in fact, that 1,553 (or 20.8%) of the 7,462 individuals studied that suffered from whiplash also suffered from tinnitus as a result of their automobile accident. Id.
Much of this has to do with the physiopathology of the disorder itself. Many medical scholars believe that tinnitus is caused by the sudden overexcitability of the temporomandibular joint (the "TMJ"), which can be caused by the elongation of the TMJ during a whiplash injury (as the head snaps, the mouth is abruptly opened and then closed, and this sudden buccal closure, doctors conclude, causes a malfunction and the suddenly overexcited TMJ muscles, which often becomes permanent). See Temporomandibular Joint Dysfunction in Whiplash Injuries: Association with Tinnitus and Vertigo, Boniver, Raymond, Int'l Tinnitus J., Vol. 8, No. 2, 129-131 (2002). Not only is tinnitus regularly associated with whiplash injuries incurred during automobile accidents, but when an automobile accident results in whiplash, the severity of the accident is irrelevant in determining whether the individual will also suffer from tinnitus.
As a result, a "hearing disturbance" has been found to "manifest in all grades" of whiplash cases. A Re-Examination of the Whiplash Associated Disorders (WAD) as a Systemic Illness, R. Ferrari, et al., Ann. Rheum Dis 2005;64-1337-1342 (Feb. 24, 2005) (emphasis added). In fact, "persistent symptoms are common even after 'minor' collisions and result in tremendous patient suffering and societal costs." The Development of Persistent Pain and Psychological Morbidity after Motor Vehicle Collision: Integrating the Potential Role of Stress Response Systems into a Biopsychosocial Model, McLean, Samuel A., et al., Psychosomatic Medicine 67:673-790 (2005) (emphasis added); see also Tinnitus in Whiplash Injury, Claussen, C.-F., and Constantinescu, L., 1 Int'l Tinnitus J. 105 (1995) (in a study comparing the data of 206 cases of late whiplash injury syndrome, where only a small number of patients heads came into contact against a hard surface inside their cars, the "incidence of the post-traumatic tinnitus was 55.8% in the first group and 61.0% in the second one.").
Furthermore, the one-day "delay" between the accident and Mr. _________'s reporting his symptoms to his medical care providers is incredibly common. "Most frequently, the traumatic incident is followed by a period of more or less clinical silence and the symptoms become evident only after hours, days or months." Tinnitus in Whiplash Injury, Claussen, C.-F., and Constantinescu, L., Int'l Tinnitus J. 1, 105 (1995).
A 2002 study analyzed the recovery of 108 whiplash patients seventeen (17) years following their respective motor vehicle accidents. A Descriptive Analysis of Disorders in Patients 17 Years Following Motor Vehicle Accidents, L. Bunketorp, et al., Eur. Spine J. 11:227-234 (2002). To reduce the number of potential variables, the study noted that the vast majority of participants were, at the time of their accident, wearing a seatbelt. Further, most participants were involved in an accident with another vehicle (as opposed to a bus, truck, or one-vehicle accident).
Importantly, the study also excluded patients who suffered skeletal injuries or significant dislocation of cervical vertebra. Instead, the patients included in the study had "whiplash injuries, defined as soft tissue injuries with no skeletal injury or significant dislocation of a cervical vertebra." Id. The study was limited even further to exclude individuals with any: (1) unrelated disease or additional injury that "would make evaluation difficult;" (2) any previous severe neck pain causing more than one month of sick leave; or (3) any involvement in a second traffic accident with whiplash trauma.
That study found that a majority (fifty-five percent (55%)) of the participants, regardless of gender, had residual disorders referable to the original accident - seventeen years earlier. Tinnitus was specifically listed as an "associated symptom[] compris[ing] difficulties" seventeen years following an accident. Astoundingly, nineteen percent (19%) of the individuals suffering from WAD seventeen years later suffered specifically from tinnitus.
In fact, for the majority of patients suffering from WAD, the prognostic outcome is quite bleak, and the medical studies even point out that "WAD can affect both everyday life performances and participation, involving a quality of life dimension" and "indeed … touch[ing] the dimension of well-being." Id.
Mr. _________ will likely never recover from the tinnitus suffered in the accident. Unfortunately, "few patients," such as Mr. _________, "who still have intensive symptoms 3 months after the trauma will recover." Coping in Patients with Chronic Whiplash-Associated Disorders: A Descriptive Study, Peolsson, Michael and Gerdle, Bjorn, J. Rehabil. Med 2004; 36:28-35 (2003); see also Tinnitus in Whiplash Injury, Claussen, C.-F., and Constantinescu, L., Int'l Tinnitus J. 1, 105 (1995) (although "about 80% of the cases with whiplash injuries due to traffic accidents recover within a few months …. about 15%-20%, i.e., about 40,000 cases/year, develop the so-called "late whiplash injury syndrome" with many invalidating complaints including … tinnitus.").
We believe that such a position would be well-received by a jury of Mr. _________'s peers, and that the likely recovery for his past and future suffering could significantly exceed his earlier demand and be in excess of any liability policy limits. In Mr. _________'s case, any use of firearms coincided with the proper use of safety equipment. It also seems illogical to suggest that the tinnitus he suffers from was simply caused by his age and had nothing to do with the accident notwithstanding the timing of the onset of the tinnitus. He never experienced any tinnitus symptoms until the day after the accident caused by your insured's negligence. Since that day, the distress he has experienced from the persistent ringing has been severe, and the damage done to his quality of life has been significant.
We reiterate our earlier proposal to have Mr. _________ examined by a specialist of your choosing. We also would welcome the opportunity for you to meet Mr. _________ so you may assess his demeanor and credibility. Of course, we understand that BIG Insurance Company may decline this proposal. However, in such event it is not inconceivable that a jury verdict could be rendered in excess of any available coverage limits. We respectfully state that in good faith BIG Insurance Company should accept our proposal and reasonably and promptly endeavor to reach an amicable resolution of this matter.
I look forward to hearing from you.
Very truly yours,
Wiki User
∙ 12y ago
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What type of attorney should one seek for a whiplash accident claim?
Someone who suffered from whiplash during an accident should get in contact with a licensed Whiplash Injury attorney. The person can also use an attorney that handles general accident claims.
Is there a connection between tinnitus and a whiplash suffered in an auto accident?
Yes, according to my experience and a fair amount of medical literature. See following letter that my attorney used, successfully, in a recent personal injury case...BY FACSIMILE AND FIRST CLASS MAILBIG Insurance CompanyRe: Mr. ________________Date of Accident: _______________Your Insured: _________; Policy # ____________INADMISSIBLE SETTLEMENT COMMUNICATIONDear Mr. _____________:I am writing as a follow-up to previous conversations with you regarding the serious injuries suffered by Mr. __________ and, more specifically, to speak to the issue of the tinnitus suffered by Mr. _________ as a consequence of the accident. This letter is a settlement communication and shall be afforded all privileges associated therewith.Initially, it would appear that we are in agreement regarding a number of factors concerning the unfortunate accident. First, we appear to agree that on _________, the negligence of your insured resulted in her motor vehicle colliding with that of Mr. _________'s vehicle and that, at the time of the accident, Mr. _________'s vehicle was not moving. Further, it would appear that we agree that the medical documentation provided to date irrefutably concludes that, as a result of the accident, Mr. _________'s neck snapped backwards, causing him to suffer from whiplash.Based on our previous conversations, I understand BIG Insurance Company is disclaiming any liability for the tinnitus and does not feel it could have been caused by the accident. Accordingly, BIG Insurance Company contends that, despite Mr. _________'s proper use of ear safety equipment, despite never having suffered any tinnitus symptom prior to the accident, despite his medical providers documenting the onset of tinnitus the day afterthe accident (see documents enclosed with _________ letter at pgs. 104-05), and further despite Mr. _________'s doctors concluding that his tinnitus is most likely "trauma induced," (see documents enclosed with _____ letter at p. 006), that the most likely cause of Mr. _________'s suffering is his prior use of firearms. Respectfully, we assert that the medical literature on the subject is in direct contradiction of this position.The medical profession currently defines a number of different diagnoses collectively as a "whiplash associated disorder" (or "WAD"). Tinnitus is accepted as such a WAD. Coping in Patients with Chronic Whiplash-Associated Disorders: A Descriptive Study, Peolsson, Michael and Gerdle, Bjorn, J. Rehabil. Med. 2004; 36:28-35 (2003); see also The Development of Persistent Pain and Psychological Morbidity after Motor Vehicle Collision: Integrating the Potential Role of Stress Response Systems into a Biopsychosocial Model, McLean, Samuel A., et al., Psychosomatic Medicine 67:673-790 (2005) ("WAD are common after MVC [motor vehicle collisions], with symptoms that include … tinnitus.").A study of 7,462 whiplash claimants discovered that tinnitus, specifically, is "common after a whiplash injury." A Re-Examination of the Whiplash Associated Disorders (WAD) as a Systemic Illness, R. Ferrari, et al., Ann. Rheum Dis 2005;64-1337-1342 (Feb. 24, 2005) (emphasis added). So common, in fact, that 1,553 (or 20.8%) of the 7,462 individuals studied that suffered from whiplash also suffered from tinnitus as a result of their automobile accident. Id.Much of this has to do with the physiopathology of the disorder itself. Many medical scholars believe that tinnitus is caused by the sudden overexcitability of the temporomandibular joint (the "TMJ"), which can be caused by the elongation of the TMJ during a whiplash injury (as the head snaps, the mouth is abruptly opened and then closed, and this sudden buccal closure, doctors conclude, causes a malfunction and the suddenly overexcited TMJ muscles, which often becomes permanent). See Temporomandibular Joint Dysfunction in Whiplash Injuries: Association with Tinnitus and Vertigo, Boniver, Raymond, Int'l Tinnitus J., Vol. 8, No. 2, 129-131 (2002). Not only is tinnitus regularly associated with whiplash injuries incurred during automobile accidents, but when an automobile accident results in whiplash, the severity of the accident is irrelevant in determining whether the individual will also suffer from tinnitus.As a result, a "hearing disturbance" has been found to "manifest in all grades" of whiplash cases. A Re-Examination of the Whiplash Associated Disorders (WAD) as a Systemic Illness, R. Ferrari, et al., Ann. Rheum Dis 2005;64-1337-1342 (Feb. 24, 2005) (emphasis added). In fact, "persistent symptoms are common even after 'minor' collisions and result in tremendous patient suffering and societal costs." The Development of Persistent Pain and Psychological Morbidity after Motor Vehicle Collision: Integrating the Potential Role of Stress Response Systems into a Biopsychosocial Model, McLean, Samuel A., et al., Psychosomatic Medicine 67:673-790 (2005) (emphasis added); see also Tinnitus in Whiplash Injury, Claussen, C.-F., and Constantinescu, L., 1 Int'l Tinnitus J. 105 (1995) (in a study comparing the data of 206 cases of late whiplash injury syndrome, where only a small number of patients heads came into contact against a hard surface inside their cars, the "incidence of the post-traumatic tinnitus was 55.8% in the first group and 61.0% in the second one.").Furthermore, the one-day "delay" between the accident and Mr. _________'s reporting his symptoms to his medical care providers is incredibly common. "Most frequently, the traumatic incident is followed by a period of more or less clinical silence and the symptoms become evident only after hours, days or months." Tinnitus in Whiplash Injury, Claussen, C.-F., and Constantinescu, L., Int'l Tinnitus J. 1, 105 (1995).A 2002 study analyzed the recovery of 108 whiplash patients seventeen (17) years following their respective motor vehicle accidents. A Descriptive Analysis of Disorders in Patients 17 Years Following Motor Vehicle Accidents, L. Bunketorp, et al., Eur. Spine J. 11:227-234 (2002). To reduce the number of potential variables, the study noted that the vast majority of participants were, at the time of their accident, wearing a seatbelt. Further, most participants were involved in an accident with another vehicle (as opposed to a bus, truck, or one-vehicle accident).Importantly, the study also excluded patients who suffered skeletal injuries or significant dislocation of cervical vertebra. Instead, the patients included in the study had "whiplash injuries, defined as soft tissue injuries with no skeletal injury or significant dislocation of a cervical vertebra." Id. The study was limited even further to exclude individuals with any: (1) unrelated disease or additional injury that "would make evaluation difficult;" (2) any previous severe neck pain causing more than one month of sick leave; or (3) any involvement in a second traffic accident with whiplash trauma.That study found that a majority (fifty-five percent (55%)) of the participants, regardless of gender, had residual disorders referable to the original accident - seventeen years earlier. Tinnitus was specifically listed as an "associated symptom[] compris[ing] difficulties" seventeen years following an accident. Astoundingly, nineteen percent (19%) of the individuals suffering from WAD seventeen years later suffered specifically from tinnitus.In fact, for the majority of patients suffering from WAD, the prognostic outcome is quite bleak, and the medical studies even point out that "WAD can affect both everyday life performances and participation, involving a quality of life dimension" and "indeed … touch[ing] the dimension of well-being." Id.Mr. _________ will likely never recover from the tinnitus suffered in the accident. Unfortunately, "few patients," such as Mr. _________, "who still have intensive symptoms 3 months after the trauma will recover." Coping in Patients with Chronic Whiplash-Associated Disorders: A Descriptive Study, Peolsson, Michael and Gerdle, Bjorn, J. Rehabil. Med 2004; 36:28-35 (2003); see also Tinnitus in Whiplash Injury, Claussen, C.-F., and Constantinescu, L., Int'l Tinnitus J. 1, 105 (1995) (although "about 80% of the cases with whiplash injuries due to traffic accidents recover within a few months …. about 15%-20%, i.e., about 40,000 cases/year, develop the so-called "late whiplash injury syndrome" with many invalidating complaints including … tinnitus.").We believe that such a position would be well-received by a jury of Mr. _________'s peers, and that the likely recovery for his past and future suffering could significantly exceed his earlier demand and be in excess of any liability policy limits. In Mr. _________'s case, any use of firearms coincided with the proper use of safety equipment. It also seems illogical to suggest that the tinnitus he suffers from was simply caused by his age and had nothing to do with the accident notwithstanding the timing of the onset of the tinnitus. He never experienced any tinnitus symptoms until the day after the accident caused by your insured's negligence. Since that day, the distress he has experienced from the persistent ringing has been severe, and the damage done to his quality of life has been significant.We reiterate our earlier proposal to have Mr. _________ examined by a specialist of your choosing. We also would welcome the opportunity for you to meet Mr. _________ so you may assess his demeanor and credibility. Of course, we understand that BIG Insurance Company may decline this proposal. However, in such event it is not inconceivable that a jury verdict could be rendered in excess of any available coverage limits. We respectfully state that in good faith BIG Insurance Company should accept our proposal and reasonably and promptly endeavor to reach an amicable resolution of this matter.I look forward to hearing from you.Very truly yours,
Can you get whiplash from being in a car accident?
Yes, you can. In a 'rear end' collision the most common injury is whiplash which strains the neck.
What is the typical settlement for whiplash and arm injury?
In the UK it depends entirely on the severity of the whiplash injury and arm injury, Your solicitor will obtain an independent medical report describing the severity of your injuries. To see examples of compensation amounts for different types of whiplash injuries and arm injuries see the related links entitled "car accident compensation" and "arm injury claim" respectively,
Whiplash is an injury to the what?
It is an injury to the neck. When the head is thrown backwards from force-such as in a car accident-and the neck is overextended-whiplash can occur. Below is an article that goes into more detail on whiplash.
What exactly is whiplash when caused by a car accident?
Whiplash is caused by the sudden stop of a motor vehicle. Whiplash is cause my the movement of a body being stopped by a seatbelt and can cause serious injuries.
How can you prevent whiplash?
The best way to prevent whiplash in the advent of an accident is by ensuring that you have top of the line head rests. Head rests keep the head from snapping back from the force of a collision-this motion causes whiplash. Below is an article on whiplash.
How long after the accident would whiplash occur?
Whip lash can not occur "after" an accident. It "occurs during" an accident.Answerstrait away
What is it called when you hurt your neck fastly?
Whiplash, if struck from the rear in a car accident
How do you get precription for whiplash?
You should first look up the symptoms of whiplash. If you were in a car accident, it is very important to have the whiplash documented in case you want to file a claim with insurance or you need to pursue a personal injury lawsuit.
What symptoms of whiplash might be evident after a car accident?
The most common symptoms of whiplash that usually develop in the first 24 hours after an accident are as follows : neck soreness and stiffness, headaches usually at the base of the skull and shoulder pain.
What is accident injury?
An injury you acquire accidentally or in an accident. Examples are a broken leg from falling down the stairs, a concussion from a knock on the head from and accidental fall, or whiplash from a car accident.
