Whiplash Injuries

At the Law Offices of John Day, P.C., we represent individuals throughout Nashville, Davidson County, Brentwood, Murfreesboro, and the surrounding Middle Tennessee region who have been harmed due to the carelessness of others. Among the many types of injuries we see, whiplash is one that is often misunderstood or unfairly minimized. In truth, a whiplash injury can significantly disrupt a person’s life, even if the underlying trauma is not always visible on a scan or x-ray. If you or someone you care about has suffered a whiplash injury in a motor vehicle accident or another incident, our team is ready to provide the legal support and advocacy needed to pursue fair compensation.

What Is Whiplash and How Does It Occur?

Whiplash is a soft tissue injury that affects the neck. It typically occurs when a person’s head is suddenly forced forward and then backward, creating a whip-like motion that can damage the muscles, ligaments, and tendons in the cervical spine. This type of injury is most commonly associated with rear-end collisions, but it can also happen in other situations where the head is suddenly jolted. Common causes of whiplash include car accidents, contact sports injuries, physical altercations, falls, and even certain amusement park rides. While often considered a relatively minor injury, whiplash can cause persistent symptoms and, in some cases, result in long-term impairment.

Recognizing the Symptoms of Whiplash

Symptoms of whiplash may vary from person to person, and they are not always immediate. Some people notice pain and stiffness in the neck shortly after the incident, while others may not experience symptoms for several hours or even days. Typical signs of whiplash include neck pain and limited mobility, headaches (particularly those that begin at the base of the skull), shoulder and upper back discomfort, fatigue, dizziness, and difficulty focusing. Some individuals also report ringing in the ears, blurred vision, or problems with memory. For others, the injury leads to chronic pain, making routine tasks, work, and sleep difficult.

Diagnosing and Treating Whiplash Injuries

Diagnosing whiplash usually begins with a physical examination and a detailed review of the patient’s symptoms and medical history. Imaging tests such as X-rays, MRIs, or CT scans may be used to rule out fractures or other serious injuries. Treatment can include pain medications, anti-inflammatory drugs, physical therapy, chiropractic adjustments, massage therapy, and, in more severe cases, the use of a cervical collar to stabilize the neck. When cognitive symptoms are present, some patients may also benefit from cognitive therapy. Early diagnosis and treatment are essential—not just for medical recovery but also for documenting the injury in the context of a personal injury claim.

Legal Rights for Whiplash Victims in Tennessee

Under Tennessee law, individuals injured due to another person’s negligence are entitled to pursue compensation for their losses. These losses may include both economic and non-economic damages.

Tennessee Code Annotated section 29-39-102 establishes caps on non-economic damages such as pain and suffering in most civil cases, with exceptions for certain catastrophic injuries or reckless behavior. Tennessee Code Annotated section 28-3-104 sets the general statute of limitations for personal injury claims at one year from the date of injury. This means that, with limited exceptions, you must file a lawsuit within twelve months of the incident. 

Understanding Comparative Fault in Tennessee

Tennessee applies a modified comparative fault rule.This rule allows an injured person to recover damages if they are found to be less than 50 percent at fault for the accident. However, their compensation will be reduced based on their share of the fault. For instance, if a person is found to be 20 percent at fault, their damages award will be reduced by 20 percent.

Challenges in Whiplash Injury Claims

Despite the real pain and disruption caused by whiplash, insurance companies often treat it as a minor injury, especially when there is little visible damage to the vehicle or to the body. This skepticism creates serious challenges for claimants. Insurance adjusters may question the delayed onset of symptoms or argue that the injury is unrelated. Since soft tissue injuries do not always show up on diagnostic imaging, some adjusters may deny their existence altogether. They may also point to pre-existing conditions or low-speed impacts to diminish the claim’s credibility.

How the Law Offices of John Day, P.C. Can Support You

At the Law Offices of John Day, P.C., we understand the physical, emotional, and financial toll that whiplash injuries can cause. Our experienced attorneys offer thoughtful, strategic, and compassionate representation to clients across Tennessee.

Deep Knowledge of Tennessee Injury Law

Led by John Day, our firm has a longstanding reputation for handling injury cases. We understand how to navigate evidentiary requirements, legal timelines, and insurance company tactics to protect our clients’ rights.

Working with Medical Experts

We work directly with your treating physicians and retain outside medical experts as needed to explain the full extent of your injury, connect it to the accident, and provide clear medical documentation of your treatment and prognosis.

Gathering the Right Evidence

Our team collects all relevant records, including accident reports, medical documentation, witness statements, and photographs. We also help clients track their symptoms and maintain records of how the injury has affected their day-to-day lives.

Strong Negotiation and Trial Preparation

Whether we are negotiating with insurers or preparing for trial, we take every case seriously from the start. Our preparation gives us leverage at the settlement table and ensures we are ready to go to court when necessary.

Compensation You May Be Entitled to Receive

Whiplash victims in Tennessee may be eligible for compensation including:

  • Past and future medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Property damage

In rare cases, where the at-fault party acted with recklessness, punitive damages may be awarded as well.

Serving Clients Across Middle Tennessee

With offices in Brentwood, Nashville, and Murfreesboro, the Law Offices of John Day, P.C. serves clients throughout Davidson County, Williamson County, Rutherford County, and surrounding areas. Our local knowledge of courts, roadways, and insurer practices allows us to move quickly and effectively on your behalf.

Take the First Step Toward Recovery

If you or someone close to you is suffering from a whiplash injury caused by another person’s negligence, now is the time to act. Tennessee’s one-year statute of limitations means that delay can cost you your legal rights.

Contact the Law Offices of John Day, P.C. at 615-742-4880 or reach out online to schedule your free, no-obligation consultation. We are here to answer your questions, help you understand your legal options, and guide you every step of the way. There is no fee unless we recover compensation for you.

Let us help you move forward with clarity, confidence, and the support you deserve.

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The Law Offices of John Day have been exceptional to work with on my case. I have worked primarily with Thomas Mihalezo and his para-legal, Natalie Primm, for the bulk of...

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