Whiplash Injury FAQs

What is a whiplash injury?

It is a type of injury to the neck's tissues, muscles, and bones caused by a sudden back-and-forth motion. It often occurs due to a rear-end collision or car accident. Symptoms may include dizziness, chronic pain, nausea, blurred vision, muscle stiffness, and, in severe cases, neurological issues and fractures.

How can I negotiate a settlement for a whiplash injury after being rear-ended?

The best option in these circumstances is to hire an experienced attorney. It’s essential to wait until you have progressed as much as possible in your recovery before negotiating any settlement to ensure these expenses are considered. Avoid making statements or admissions of fault that could jeopardize your case. In Florida, the best way to strengthen your negotiations is to demonstrate the severity of your injuries through medical expert statements and prove the other driver's negligent behavior caused them. This process should be handled strategically—avoid sharing unnecessary details, emphasize the other driver's fault (common in rear-end collisions), and reject initial offers as they are often lower than you deserve.

Do I need to see a doctor after a car accident, even if I think my whiplash is minor?

It is essential to get urgent medical care after a car accident. Diagnosing whiplash injuries can be challenging because symptoms may not appear immediately, and specific tests such as MRIs are often required.

How long does it usually take to settle a whiplash claim?

The time to resolve these claims depends on the specific details of each case. For example, if the injuries are less severe, the process may take only a few months, although disputes with insurers over liability can extend this timeframe. If the injuries are more severe, with significant symptoms like chronic pain or loss of mobility, evaluating the impact on your daily life may prolong the process. Cases resolved outside of court typically proceed faster, while those that require litigation may take up to two years to resolve.

What evidence do you need for a whiplash claim?

You must gather solid evidence to support your claim and demonstrate that your injuries are severe enough to justify a lawsuit. Key evidence includes:

• Medical reports and diagnostic tests.
• Photos of your injuries, vehicle damage, and the accident scene.
• Bills and receipts for expenses.
• Witness statements from those who saw the collision.
• Police reports.
• Expert accident reconstruction reports.
• Any footage from dashcams or traffic cameras.

What is the average settlement for a whiplash wound in Florida?

The final amount for a whiplash injury is influenced by factors such as loss of earning capacity, pain and suffering, and the negligence of the other driver. The more severe the injury, the higher the amount; insurers' role is also imperative when calculating an average. Considering these factors and local principles like modified comparative negligence and the no-fault system, compensation may range from $10,000 for less severe cases to as much as $50,000 or $100,000 for more serious situations. These figures are just an example and can be much higher depending on your lawyers' role, their ability to negotiate with the insurance company, and their effectiveness in representing you at any stage, ultimately impacting the final amount.