Abstract
Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average juror to regard these particular injuries as much more serious and disabling than is actually appropriate in the majority of cases. It is this "psychological hump" which defense counsel must overcome in defending personal injury cases involving such injuries.
Recommended Citation
Harley J. McNeal, Whiplash - Defense Counsel's View, 6 Clev.-Marshall L. Rev. 38 (1957)