• I want to consult about a traffic accident in Yaizu / Makinohara
• I want to know when treatment for cervical sprain (whiplash) should end
• I have been treated for whiplash for six months, but the insurance company has demanded that treatment be terminated

Are you troubled by issues like these in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or surrounding areas?
Yaizu Sogo Law Office offers a free initial legal consultation regarding traffic accident concerns. There is no obligation to retain our services after the initial consultation. We are also available on weekday evenings and Saturdays. Please feel free to contact us by phone or email.

What Is Whiplash?

Whiplash is referred to by various medical names such as cervical sprain, cervical contusion, cervical trauma, and traumatic cervical syndrome, and is classified into several categories.

Because whiplash is difficult to detect on imaging, discrepancies in perception among doctors, insurance companies, and attorneys are common. It is extremely important to describe your symptoms in detail.

In traffic accident cases, disputes often arise over the timing of symptom stabilization, the presence or absence of residual disability, and the disability grade.

Here, "symptom stabilization" means a condition in which, even with continued treatment, a full recovery cannot be expected and no further improvement is anticipated. Once symptom stabilization is determined, continued treatment is deemed ineffective, and from that point, the insurance company will cease paying any medical expenses.

When Does Symptom Stabilization Occur in Whiplash?

In cases of whiplash, statistics show that 70% of patients improve or recover within three months of injury, and it is generally considered that symptom stabilization is reached within six months at the latest.

In your case, since six months have already passed since the accident, it can generally be said that you have reached the state of symptom stabilization, and I believe that is why the insurance company is saying it will "terminate payment for medical expenses."

However, there are many cases where symptoms persist beyond six months, and in particular, continued treatment may be necessary in the following situations:

• Neurological symptoms (numbness or radiating pain) remain
• A specialist has recommended continued treatment or additional examinations
• Imaging examinations have not been sufficiently conducted (e.g., MRI not yet performed)

The insurance company's assertion that "treatment will be terminated at six months" is a uniform standard, and in many cases lacks sufficient medical basis. If circumstances such as those described above exist, it is possible to properly contest the termination.

Key Points for Whiplash Treatment

The following points are critical in determining the outcome of whiplash treatment:

① MRI Examination (Essential)

X-rays only show bones and cannot confirm damage to nerves or intervertebral discs.

MRI serves as important supporting evidence in residual disability applications.

② Regular Examinations at an Orthopedic Clinic

If you visit only a bonesetter (osteopathic clinic), your case is very likely to be classified as "insufficient medical evidence," resulting in denial of residual disability.

③ Frequency of Hospital Visits

If visits are too infrequent, it will be determined that you have "recovered," making it difficult to obtain recognition of residual disability. Visiting at least two to three times per week is recommended.

④ Consistency of Symptoms

It is important to describe your symptoms in specific detail at every examination (location of pain, areas of numbness).

How symptoms are recorded in your medical chart forms the foundation for a residual disability application.

How to Respond to the Insurance Company

The following two approaches can be considered in responding to the insurance company:

The first approach is as follows: if negotiations with the insurance company break down—that is, if you maintain that the insurance company should pay for medical expenses, while the insurance company refuses to change its position—you would continue treatment using National Health Insurance or employee health insurance at your own expense, and then seek reimbursement from the at-fault party through litigation or other means. If you take this approach, the assistance of an attorney experienced in this type of litigation is indispensable.

The insurance company's termination of treatment constitutes a medical judgment of "symptom stabilization" made unilaterally by the insurance company, which often differs from the physician's assessment.

In summary, the following measures can be taken in response to the termination of treatment:

• ① Ask your doctor to state the "necessity of continued treatment" in a medical certificate
• ② Continue treatment using health insurance
• ③ Retain an attorney to negotiate and seek a reversal of the termination
• ④ If treatment is nevertheless terminated, file a lawsuit to claim medical expenses

The second approach is to undergo imaging studies such as X-rays, CT scans, and MRI, as well as tests such as Spurling's test and Jackson's test, to compile documentation and pursue a residual disability certification.

If residual disability is certified, depending on the grade, you may claim lost earnings, compensation for residual disability, and, provided a physician acknowledges the necessity, the cost of future treatment that is certain to be required.

The most common residual disabilities in whiplash are:

• (1) Grade 14-9 (residual neurological symptoms in a localized area)
• (2) Grade 12-13 (imaging findings such as cervical deformity or herniation, plus symptoms)

Recognition of these residual disabilities often results in a difference of hundreds of thousands of yen or more in compensation and lost earnings, making this a critically important point.

Summary

Although whiplash is often considered a minor injury, in reality, pain and numbness may persist for several months, and in some cases it may develop into a residual disability.

You are not required to comply with the treatment termination date proposed by the insurance company; the physician's judgment takes priority. If continued treatment is necessary, you can properly contest the termination.

Because specialized judgment is required, including applications for residual disability certification, please consult an attorney at your earliest convenience.

Frequently Asked Questions

The Initial Legal Consultation for Traffic Accidents at Yaizu Sogo Law Office Is Free of Charge

Yaizu Sogo Law Office provides a free initial legal consultation regarding traffic accidents.

We handle all traffic accident-related legal matters, regardless of severity or whether they involve property damage or personal injury. If you are feeling stressed by dealings with insurance companies, or if you want to know whether the amount offered by your insurance company is fair, please do not hesitate to consult with us.

Yaizu Sogo Law Office is available not only during regular weekday hours but also on weekday evenings and Saturdays. Please contact us by phone or email to schedule a legal consultation.

Are You Troubled by a Traffic Accident?

• Settlement Offers from Insurance Companies Are Almost Always Low
• The Insurance Company Said They Would Cut Off My Medical Expenses
• Dissatisfied with the Fault Ratio
• When and How to Consult a Lawyer About a Traffic Accident
• What Claims Can Be Made in a Personal Injury Accident?
• What Claims Can Be Made in a Property Damage Accident?
• What You Need to Know About Whiplash
• Traffic Accidents and Health Insurance
• Procedures and Steps to Follow After a Traffic Accident
• Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
• Diminished Value (Loss of Market Value)
• Amount Claimable from the Other Party When Personal Injury Protection Insurance Was Used Prior to the Claim for Damages Against the Other Party
• Free legal consultation is available for traffic accidents
• Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
• Lost Wages for Salaried Employees (Wage Earners) in Traffic Accidents
• Understanding a Company's Losses When Employees Are Killed or Injured in a Traffic Accident
• Finding the Court with Jurisdiction over Traffic Accident Lawsuits
• Want to Know Whether You Can Offset the Other Party's Damages Against Your Own in the Same Traffic Accident
• The at-fault party refuses to use their voluntary automobile insurance. What should I do?
• I was seriously injured in a traffic accident in June 2017, before the enforcement of the amended Civil Code (April 1, 2020). Three years have passed (but less than five years) since I completed my treatment. Is the statute of limitations still valid?
• How to Identify a Hit-and-Run Driver from a Vehicle License Plate Number
• Methods of Dispute Resolution in Traffic Accidents
• What You Need to Know About Medical Commuting Transportation Expenses
• How to Find the Insurance Company of the At-Fault Driver in a Traffic Accident
• Understanding Workers' Compensation Insurance in Traffic Accidents (Leave Compensation)
• How Much Is the Standard Compensation for a Traffic Accident?
• What Is Residual Disability Grade Certification in Traffic Accidents?
• How Much Compensation Can You Get for Whiplash from a Traffic Accident?
• Benefits of Hiring a Lawyer for Traffic Accidents
• Key Points When Dealing with Insurance Companies After a Traffic Accident
• How to Calculate Lost Income from a Traffic Accident
• The Relationship Between Number of Hospital Visits and Compensation for Pain and Suffering in Traffic Accidents (Key Considerations When Visit Frequency Is Low)
• What Is Maximum Medical Improvement (MMI) After a Traffic Accident?
• How to Use Lawyer Fee Special Coverage for Traffic Accidents?
• How to Handle a Traffic Accident When the At-Fault Driver Has No Insurance
• Damages in Bicycle Accidents
• Claiming Compensation When a Passenger Is Injured in a Traffic Accident
• Do You Have to Pay a Traffic Fine for a Burned-Out Brake Light?
• "I Said I Would Pay the Full Repair Cost" in a Bicycle Accident
• If Repair Costs Exceed Your Car's Market Value After a Traffic Accident, Can You Still Recover the Full Amount?
• Can a Car Proceed if a Pedestrian Yields at a Crosswalk?
• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
• What Damages Can Be Claimed When a Family Member Dies in a Traffic Accident?

See all articles on traffic accidents