Despite all the safety features in modern cars that should theoretically make them much safer to drive and prevent accidents, an alarming number of accidents occur throughout the country each year. While most accidents are minor fender benders, many of them result in serious injuries for the people involved in the accidents. Let’s take a look at how to prove your whiplash claim in Florida.
One of the potential injuries that many car accident victims in Florida suffer is whiplash. Unfortunately, proving whiplash injuries can be quite challenging when it comes to making a claim to receive compensation for the damages you have incurred because the signs of this injury often don’t show up immediately.
If you have suffered a whiplash injury in a car accident in Florida, you should know how to prove your whiplash claim to protect your right to full compensation for your injuries. This post will discuss whiplash injuries and how you can prove them to seek rightful compensation for the damages you have incurred.
Table of Contents
What Is A Whiplash Injury?
Many people have heard the term “whiplash” and simply brush it aside thinking that it is a simple condition that causes your neck to feel sore for a little while. However, whiplash injuries can be far more complex and severe than a little bit of temporary soreness.
People in auto accidents often suffer from whiplash in accidents that involve one automobile rear-ending another one. The injury happens because of a sudden and forced back and forth movement of the neck. Whiplash injuries can result in significant pain in the neck, the upper back, shoulders, and even arms.
When you suffer a whiplash injury, you could end up experiencing significant health problems that might last a short while. Depending on how severe your injuries are, whiplash can result in long-lasting injuries that can affect your long-term quality of life.
A severe whiplash injury can lead to significant and costly medical bills for treatment. People who develop health problems due to whiplash might also see their ability to earn an income be affected, leading to loss of income and affecting their ability to enjoy their life.
Fortunately, the laws in Florida entitle you to claim compensation for your whiplash injuries if it was caused in an accident, especially due to the other party’s fault. Proving whiplash injuries, however, is the real challenge that you have to overcome to receive damages to cover the costs for your treatment and other losses due to the injury.
How To Prove Your Whiplash Claim in Florida
Suppose that you were involved in a car accident caused by another driver and you suffered significant injuries. You are entitled to file a claim against the at-fault driver.
Since whiplash injuries do not necessarily show symptoms immediately and develop over time, the injury might not be obvious in the aftermath of the accident until much later.
You must first prove that they were negligent in their duty of care towards others while operating their vehicle. Proving the negligence of the at-fault driver effectively requires establishing four crucial elements, including:
Duty of care
The first element is relatively easy to establish if you were involved in a car accident. Florida law dictates that every motorist owes every other road user a duty of care.
Breach of duty
Proving a breach of duty can be more challenging because you need to show the negligent actions that the at-fault driver committed that led to the accident.
The cause of injury
You must demonstrate the cause of injury and prove that the other party’s negligence caused it.
This element requires the claimant to prove that they suffered a severe whiplash injury and incurred expenses like medical costs, loss of income, property damage, and other relevant expenses.
Proving the damages for whiplash claims depends a lot on how soon you sought medical treatment after the accident. Seeking medical treatment as early as possible following the incident can be critical in helping you make a strong whiplash claim in Florida. Many people choose to ignore going to the hospital by assuming that their injuries are not severe, only to regret that decision down the road.
The nature of whiplash injuries is that it can sometimes show symptoms of the damage it has done a while after the accident occurred. Failing to seek adequate medical treatment immediately could allow the at-fault party to claim that you suffered the whiplash injuries after the accident. Having medical records to support your claim can be crucial to make a strong claim.
Damages You Can Claim In A Florida Whiplash Case
Whiplash injuries can differ drastically in each case. If the accident occured at low speeds, you might merely suffer temporary soreness in your neck. However, a high-speed car accident could result in severe injuries that can have a lifelong impact on your health.
The age and physical state of a victim can also make a difference in the severity of the injuries. A young and fit individual might recover from their injuries quickly. An older individual with existing back problems could take years to recover if they will recover at all.
The compensation you can receive in your whiplash claim in Florida can vary widely based on several factors. Here is a look at some of the damages that you can claim in your case:
Medical expenses from an injury can include everything from the treatment costs, prescription medicine due to the injuries, any rehabilitation costs, cost of the collar for whiplash, and any other treatment-related expenses you might incur due to the whiplash injury.
Loss of income
Depending on the severity of your injuries, a whiplash injury can result in you losing the ability to earn an income for a few weeks or even months. The time you spend recovering from the injuries and being unable to work can entitle you to claim your lost wages in your whiplash claim.
If your injuries are severe and could leave you unable to work for a longer time in the future, you can even include a claim for the loss of future wages. An experienced personal injury attorney can help you get a better estimation for your claim.
Whiplash injury victims may be entitled to include non-economic claims. There are a wide range of possible claims you can include, such as loss of enjoyment, pain and suffering, and many more. An experienced attorney can help you understand the non-economic claims much better and help you make these claims so that you can rightfully seek the full compensation of your injuries.
Knowing the damages that you can claim will help you understand the possible damages you may receive. Many people do not include a lot of the damages they are eligible to receive because they do not know about them.
Hiring A Florida Personal Injury Lawyer For Your Case
Many whiplash injury victims choose to file their own claims because they believe that they can prove that the accident was not their fault. However, there is a wide range of obstacles that you need to overcome to prove someone else’s negligence resulted in your injuries.
You should know that when you file the claim, the at-fault driver is not going to be compensating you for your losses. It will be their insurance company. Unfortunately, insurance companies are notorious for trying to pay the minimum possible amount in compensation. Most of them will simply refuse to accept a claim, even if the accident was clearly not your fault.
Working with the right personal injury attorney can be instrumental to ensure that you protect your right to full and fair compensation for the damages that you have incurred due to your injuries.
If you have sustained a severe whiplash injury due to another party’s negligence or malicious intent and you’re thinking about filing a claim against them, consider asking the professionals at Frankl Kominsky Injury Lawyers to obtain the help you seek.
The attorneys at Frankl Kominsky Injury Lawyers have years of experience working with clients to help them pursue the compensation they deserve in their personal injury claims, including Florida whiplash injury cases. The experienced lawyers from the firm have an excellent track record, work on a contingency fee basis, and will go to court to fight the case for you, if needed.
If you’re looking for an experienced and qualified Fort Lauderdale personal injury lawyer who will go the distance to help you seek fair compensation for your whiplash claim, working with Frankl Kominsky Injury Lawyers can be ideal for you (by appointment only).