If you have suffered recent neck pain, stiffness, or headaches as a result of being involved in a recent auto crash, you are certainly not alone. Whiplash claims following auto accidents in Oklahoma are one of the most frequent types of personal injury cases we encounter at Edwards & Patterson Law and one of the most misunderstood. Many people believe that simply because whiplash is a “soft tissue” injury, it cannot be serious. Insurance companies like this type of thinking. Reality is that whiplash can interfere with your daily activities for weeks, months, or years, and having the appropriate medical treatment and documentation at the onset of your injury can make a big difference in your health and your ability to file a successful claim.
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This guide provides an overview of what whiplash actually is, why immediacy in seeking out medical attention after a car accident is important, how to create a strong record of your injury, the rights provided under Oklahoma law regarding your entitlement to compensation, and how Edwards & Patterson Law Firm can assist in securing the maximum amount of compensation available under the law.
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What Exactly Is Whiplash?
Mechanism and Causative Factors
Whiplash occurs when there is rapid acceleration-deceleration of the head in relation to the body. This can occur from rear end collisions, but can also occur from side-impact collisions, contact sports, and even poor falls. What many people fail to recognize is that the position of your headrest and seat at the time of impact can greatly affect the degree of severity of your injury.
Anatomy of Injuries
The term Whiplash refers to a range of injuries that can occur to the soft tissues located in the area of your neck and upper back. Depending on the magnitude of force generated during the collision, you could potentially suffer muscular strain, ligament sprains, intervertebral disc tears, nerve damage, or injury to the cervical vertebras themselves. Due to the fact that many of these structures are unable to be visualized using standard X-ray technology, some individuals leave the emergency room believing they were uninjured, only to awaken several days later with almost complete loss of ability to rotate their head.
Symptoms
Common symptoms associated with Whiplash injuries include:
- Neck pain and/or stiffness;
- Reduced range of motion in the neck;
- Headaches (usually originating at the base of the skull);
- Shoulder/upper extremity pain;
- Tingling or numbness sensations in the upper extremities;
- Dizziness, and
- Fatigue.
Individuals experiencing less common symptoms including blurring vision, ringing in the ears, difficulty sleeping and/or concentration problems.
Risk Factors Affecting Recovery
While not all individuals suffering from whiplash injuries will experience prolonged recovery times, research conducted by the Mayo Clinic indicates that individuals experiencing extreme initial pain, extremely limitated range of motion immediately post-injury, or radiculopathy (pain radiating down into the upper extremities) are more likely to experience chronic symptoms. Individuals previously injured due to whiplash, older adults, and individuals with prior histories of neck or lower back trauma are also more likely to experience protracted recovery periods. As previously mentioned, these risk factors will play a role in determining the outcome of your claim and will be discussed in greater detail below.
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Immediacy of Medical Evaluation
Why Prompt Medical Evaluation Matters
Regardless of whether you feel “okay” at first, your #1 priority should be visiting a physician immediately after a car accident. Symptoms associated with Whiplash injuries may take anywhere from a few hours to a couple of days before becoming apparent. Delayed seeking medical treatment has two significant negative impacts on your case: (1) your injury will worsen without proper treatment and (2) the insurer for the other party will argue that either you didn’t sustain an injury as a result of the accident or that your current pain was caused by something unrelated to the accident.
Establishing a contemporaneous medical record linking your injury directly to the car accident is essential for building a valid claim.
What to Expect at a Medical Assessment
Your physician will take a thorough medical history, inquire about the details surrounding how your car accident occurred, and perform a physical examination that focuses primarily upon your neck, shoulders, and upper back. He/she will evaluate your range of motion and assess areas where you may be experiencing tenderness or nerve involvement.
As previously mentioned, advanced imaging studies such as CT scans or MRIs are typically not required for Whiplash diagnosis unless the physician suspects fractures or herniated discs. If your physician orders these tests for you, please follow those instructions. Refusing to undergo recommended imaging studies from your physician will negatively impact your claim in the future.
Treatment Plans
Presently accepted evidence-based guidelines for treating Whiplash stress, remaining physically active versus bed rest. Although your doctor may recommend limited rest during the early stages, followed by application of ice, then heat, use of over-the-counter pain relief medications, and/or prescription muscle relaxants as needed, most physicians now rely on physical therapy and gentle range-of-motion exercise as the primary means to facilitate recovery from Whiplash.
Something important to note: wearing cervical collars for extended periods of time is no longer recommended as part of whiplash treatment. Research indicates that remaining immobile for lengthy periods may delay healing. Active movement, monitored by a trained physical therapist, has proven to lead to better results.
Follow-Up Care
Please attend each scheduled appointment with your physician. Notifying your physician promptly if you begin experiencing increased symptomatology or the development of new symptomatology is equally important. Maintaining regularly scheduled appointments with your physician and documentation created through consistent follow-up will provide both the necessary proof that you are actively pursuing treatment for your injury and will serve as critical documentation supporting your claim for damages.
Documenting Your Injuries (Personal and Medical Information)
Medical Documentation
Documentation of your medical records is the foundation of any whiplash-related claim. Your medical records establish the link between the car accident and your injuries, provide a record of the level of severity and progress of your symptoms, and establish compliance with the recommendations made by your physician.
You should request copies of all medical records. All medical records from your initial visit and all subsequent visits and treatments should be requested. The records include your initial visit, all follow-up visits, all referrals, all prescriptions issued by your physician, and all visits with specialists. Additionally, you should include copies of all reports and records regarding all diagnostic testing performed.
A Symptom Journal
You should begin keeping a daily journal of your symptoms beginning immediately after the accident. In your daily journal, you should list:
- When your symptoms occur
- How severe each symptom is, using a scale of 1-10
- What exacerbates or diminishes each symptom
- How your symptoms affect your daily routine, work, sleeping, exercising, or simply sitting at a desk
- Include mental/emotional effects as well. Chronic pain often leads to anxiety, irritability, and depression; all are legitimate components of a claim for compensation.
While you do not need to create a formal or elaborate journal, using a simple notebook or a smartphone app to maintain your journal is sufficient. Consistency and thoroughness in documenting your symptoms are what matter.
Diagnostic Testing and Imaging
It is essential to retain copies of all reports of diagnostic testing, including imaging studies (e.g., MRI’s, CT scans). Even if the results of your diagnostic tests indicate no abnormalities, retaining these documents provides significant support for establishing that you suffered an injury in the accident. Furthermore, retaining a copy of each test you undergo demonstrates that you and your physicians treated your injury seriously.
Evidence From the Scene and Police Report
If possible, while still at the scene of the accident, take photographs of vehicle damage from various angles, skid marks, road conditions, traffic signs, and any visible injuries, and gather the name(s), address(es), and telephone number(s) of any witnesses to the accident.
Obtain a copy of the police report as soon as possible. Your attorney can assist you in obtaining these documents if you were unable to collect them during the immediate aftermath of the accident.
Expense and Work History Documents
Retain all receipts associated with your injury. These include: All emergency room visits, follow-up visits to the physician, physical therapy sessions, prescriptions, medical supplies/equipment, mileage/rideshare costs to/from medical appointments, and work history documents. Retain any payroll records and letters from employers confirming days absent due to injury.
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Understanding Oklahoma Laws and Claims for Compensation
Statute of Limitations
Generally speaking, per Okla. Stat. tit. 12 §95(A)(3), you have two years from the date of the accident in which to file a lawsuit seeking compensation for injuries sustained in the accident. Failure to comply with this statute of limitations eliminates your right to pursue a lawsuit, regardless of the strength of your claim. While there are exceptions for minors and/or specific types of claims based upon intentional actions, two years is the primary timeframe you should focus on. Do not delay.
Modified Comparative Negligence
As stated previously, Oklahoma employs a modified comparative negligence framework. Therefore, even if you contributed to the accident, your compensation will be limited by your contribution to the incident. For example, if you were determined to be 20 percent liable for the accident and had damages totaling $100,000, you would receive $80,000. However, if you were found to be more than 50 percent liable for the accident, you would receive zero compensation.
Insurance companies will frequently attempt to make arguments concerning your liability. An attorney can assist you in refuting such claims with evidence.
Damage Caps/Limits
Starting January 1st, 2025, Oklahoma has implemented a cap on non-economic damages for almost all personal injury claims. Non-economic damages include items such as pain and suffering, emotional distress, loss of enjoyment of life, and other similar elements. However, economic damages (including actual out-of-pocket expenditures and wage loss) remain unlimited. Punitive damages may be awarded in instances where the defendant displayed reckless indifference or intentional misconduct toward others.
Insurance Considerations
Oklahoma is considered an “at-fault” jurisdiction. Therefore, you will typically pursue compensation directly from the driver who was responsible for the accident through his/her liability insurance carrier. As a practical consideration, many drivers choose to purchase only the minimum amount of liability insurance required by Oklahoma law. However, uninsured/under-insured motorist coverage purchased by you via your automobile insurance policy may provide additional protection in the event that you are involved in an accident with an uninsured or under-insured driver.
Insurance carriers that handle whiplash claims arising from low-speed accidents regularly employ tactics intended to limit payments. Examples of common tactics employed by insurers include arguing that the collision was insufficiently forceful to produce serious harm or claiming that you are exaggerating the extent of your injuries. Maintaining detailed documentation of your medical care/treatment and promptly addressing any medical concerns will serve as your best protection against these tactics.
Prior Injuries and Pre-Existing Conditions
While previous neck injuries/degenerative disc disease/arthritis may preclude you from receiving compensation for your whiplash injury in another jurisdiction, it does not in Oklahoma. Per Oklahoma law (the “eggshell plaintiff” doctrine), if the defendant accelerates/compounds a pre-existing injury condition, then he/she is held financially accountable for doing so.
However, if prior neck injuries/degenerative disc disease/arthritis exist in conjunction with the whiplash injuries, then the opposing party will likely utilize this as part of its argument that your present pain was previously existing prior to the car accident. Here again, maintaining accurate medical documentation detailing how your injury worsened/symptoms began post-accident will become crucial.
Value Determination of a Whiplash Claim
Categories of Damages
Compensation sought for whiplash injuries falls into three main categories: economic damages represent monetary losses incurred as a direct result of the accident. Such losses may consist of: past/future medical expenses; physical therapy/rehabilitation costs; lost wages; reduced earning potential resulting from an inability to continue working over an extended period; and any damage to property.
Non-economic damages represent intangible losses (pain & suffering, emotional distress, loss of enjoyment of life, etc.) which resulted from your injury. Oklahoma law permits compensation for such losses subject to caps described below.
Punitive damages may be recovered only in rare instances wherein the defendant engaged in reckless conduct or intentionally disregarded safety standards resulting in serious harm/injury.
Factors Affecting Damage Amounts
Several factors determine the overall value of your claim. These include: severity of your injury, length of time required for healing, development of chronic pain, extent/nature/severity of medical treatment/potential future medical requirements, degree to which you contributed to the accident, liability limits provided by the insurer covering the other driver, and thoroughness/documentation presented relative to supporting your claim.
Early onset/serious symptoms immediately following an auto accident have been shown by research conducted by the Mayo Clinic to correlate with prolonged periods for recovery/healing, along with increased future medical costs; both factors contribute to potentially increasing the value of your claim.
Independent Medical Exams (IME’s)/Expert Testimony
At times, IME’s are ordered by Courts/Government Agencies as a means of evaluating injuries/determining projected future costs. Your attorney could also hire medical experts to testify as to the nature/extent/prognosis regarding your injury(ies), future medical treatment necessary, maintaining a positive doctor-patient relationship, and following recommended courses of treatment will significantly aid in reducing concerns regarding potential gaps within treatment plans or lack of compliance with medical recommendations raised by defendants.
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Step-by-Step Process for Handling a Whiplash Claim
A simple path to protect both your well-being and your legal rights:
- Get yourself to a doctor as quickly as you can, even if you don’t think you are seriously hurt. All of the recommendations made by your healthcare provider should be followed.
- Let your insurance carrier know that the accident happened. Do not give a tape-recorded statement to the insurance carrier or accept a settlement before you consult with an attorney.
- Document EVERYTHING: keep copies of your medical records, begin documenting your symptoms in a journal, keep track of any expenses related to the accident, collect evidence from the site of the accident, and obtain a copy of the police report.
- As soon as possible, contact an experienced personal injury lawyer to determine who was responsible for the accident, how much your claim is worth, and how best to negotiate with the insurance carrier, or whether to file a lawsuit.
- Continue all recommended medical care, and advise your attorney immediately if your symptoms either worsen, improve, or develop additional conditions.
Psychological and Long-Term Consequences of Pain
More than your body suffers when you are in constant pain. Many people involved in accidents develop a fear of driving again; some sleep poorly; others’ moods decline after a few weeks of discomfort. Even though these emotional responses seem minor compared to the physical pain, they are legitimate; they can hinder your ability to fully recover from the physical pain associated with the accident, and they are compensable.
Advise your physician regarding any emotional discomfort you are experiencing in addition to your physical complaints. Counseling or therapy may be truly beneficial for you, and the cost may be a portion of the damages owed to you.
As noted by the Mayo Clinic, some individuals do experience chronic whiplash-associated pain lasting several months to many years. They note that predictive factors of developing chronic whiplash include high initial levels of pain, limited ranges of motion within the first week post-injury, and pain radiating down the arms. If you fall into one of these categories, your claim must clearly indicate the cost of continued treatment and the ongoing negative impact on your quality of life.
Reducing the Risk of Severe Whiplash and Protecting Yourself
In addition to reducing the potential for serious injury, you can minimize the potential severity of whiplash by wearing your seat belt while operating a vehicle; by positioning your head rest so that its top is flush with the top of your head (and not behind it); by maintaining a safe following distance from vehicles traveling in front of you; and by remaining attentive to potentially stopped traffic.
Following any type of collision, regardless of its magnitude, seek medical evaluation. It is common for individuals to assume that since only minor cosmetic damage exists to their vehicle, they cannot have been injured. That is simply not true. While vehicle damage and injury severity are often correlated, they are not always directly related. Insurance carriers understand that relationship as well, which is why they use it against claimants.
According to Harvard Health, after any type of vehicular collision, apply ice to affected areas for the first two days; once swelling subsides, transition to using warm heat. Limit strenuous activities such as heavy lifting during the recovery period. Gentle range-of-motion exercises will aid in healing time in comparison to being inactive.
How Edwards & Patterson Law Can Help You
Tony Edwards, Matthew Patterson, and Allison Furlong, who represent injured Oklahoma motorists and their families through auto collisions resulting in whiplash injuries at Edwards & Patterson Law, possess more than 50 years of combined experience representing injured parties. The attorneys at Edwards & Patterson Law have represented hundreds of injured Oklahomans in automobile crashes throughout their careers. Edwards & Patterson Law has received recognition from Super Lawyers and America’s Top 100 Attorneys. Additionally, Martindale-Hubbell rates Edwards & Patterson Law “AV Preeminent,” the highest peer-review rating available in the legal industry.
When you hire Edwards & Patterson Law to assist with your case, here is what really happens: The team investigates the collision; identifies and preserves all relevant evidence; works with medical professionals to document all of your injuries and estimate future costs; calculates the total amount of damages to which you are entitled; and engages in aggressive negotiations with insurance carriers. If you cannot reach an agreement with the carrier concerning the terms of a settlement, Edwards & Patterson Law will be ready to litigate your case at trial.
Edwards & Patterson Law is home-based in Oklahoma and treats each client as an extended member of their family. There are no charges for consultations or representation unless a settlement or judgment is obtained on behalf of the client.
Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Commonly Asked Questions
If I did not show symptoms until days after the wreck, am I too late to make a claim? Symptoms caused by whiplash commonly appear days after an accident due to the effect of adrenaline masking pain and inflammation, taking 24-72 hours to build. Seek medical assistance as soon as you recognize any symptoms and inform the treating physician of the accident, even if it happened a few days earlier. Waiting a few days does not necessarily mean you waived your right to pursue a claim.
May I still receive compensation if I had pre-existing neck pain? Yes. Oklahoma law requires defendants to pay for exacerbation of existing conditions. What you need is documentation showing how your condition worsened following the accident. Documentation includes medical records prior to and subsequent to the accident, coupled with statements from physicians identifying changes in your condition.
What if the other party says I was at least somewhat at fault? Under Oklahoma’s comparative negligence laws, provided you were no greater than 50% at-fault for causing harm in connection with an incident, you may pursue a claim against another party for any injury sustained. The opposing party’s insurance carrier will probably attempt to inflate this percentage in order to limit or foreclose payment entirely. An attorney can assess liability for injuries incurred; evaluate any information contained within reports generated by law enforcement officials; and present opposing evidence based on facts surrounding the accident.
Are there limits on the amounts I can recover? No caps exist on economic damages such as medical bills and lost wages in Oklahoma as of 2025. Non-economic damages are subject to caps for most personal injury cases as stated previously; however, non-economic damage caps do not apply under certain circumstances, including cases where egregious conduct occurs or in cases where permanent severe injuries result. Your attorney will provide detailed explanations regarding how caps on non-economic damages apply specifically to your case.
Last updated Friday, June 5th, 2026
