Carmen Gallardo
After a car accident, whiplash is one of the most common injuries. It happens when a sudden jolt forces the head forward and backward, straining the soft tissues, muscles, vertebrae, and ligaments in the neck.
Because whiplash can be hard to diagnose and even more difficult to treat, it’s important to take it seriously, especially if another driver’s negligence caused the crash. If you’ve been injured, don’t wait—seek medical attention right away and speak with a whiplash injury lawyer in Miami to explore your legal options.
At Gallardo Law Firm, our legal team has extensive experience handling personal injury cases and will fight to secure the maximum compensation for you. We are committed to protecting your rights and ensuring you get the justice you deserve.
The name of this dangerous condition comes precisely from the motion the neck undergoes after a strong impact, and its effects can be particularly severe for individuals with a history of spinal injuries, poor posture, or advanced age. The most common causes include:
This condition does not appear in primary physical exams or basic tests like X-rays, so specialists rely on more advanced tools such as MRI scans and closely monitor symptoms like stiffness in the neck, back, and upper arm muscles.
Other signs of this condition include tingling or numbness, fatigue, dizziness, difficulty concentrating, and trouble sleeping. Chronic pain, limited movement, persistent headaches, nerve tissue damage, and hypersensitivity to touch are among the potential long-term effects of this severe injury.
This is one of the most important questions you can ask yourself after confirming that the recent car accident you were involved in caused your whiplash injury, mainly because the answer relates to your ability to prove that the crash occurred due to the irresponsible actions of another person or entity.
Hiring an attorney experienced in this type of personal injury case is the best option to regain the emotional, financial, and psychological stability you lost in the incident. This compensation can help cover your medical treatment and recovery expenses.
If you need to prove the other party's negligence, if you are unsure about your rights, if your symptoms are severe, if you lose your job due to a severe disability, or if the insurance company downplays the impact of your case, seeking professional help can make all the difference.
At Gallardo Law Firm, our team can prove that a driver’s negligence caused your rear-end accident and resulted in your severe whiplash injury. To build a strong case, we will gather key evidence, including photos and videos, witness statements, accident reconstruction analysis, and medical reports to establish both the cause of the accident and the impact of your injuries.
It is possible to prove negligent behavior if the driver who hit you was rushing, distracted by their phone, or under the influence of alcohol, among other common factors.
Additionally, you should understand that in Florida, every driver must use their own insurance to cover initial expenses through PIP (Personal Injury Protection) coverage. To file a claim against the other driver, you must have sustained damages that exceed the PIP coverage limits or have an injury that the law classifies as severe.
There is no specific amount in this regard, as everything depends on the circumstances of the accident in which you were injured, the laws that apply, and the extent of your damage. Generally, the compensation should cover:
Florida laws combine a mandatory insurance system with various legal principles, ranging from comparative negligence and showing that an injury falls within the class of severe injury to all rights granted to victims of injuries to obtain compensation for damages.
The regulations stipulate that every driver must use their own insurance for initial medical expenses under the binding concept of "no-fault," whereby Personal Injury Protection (PIP) covers 60% of lost wages up to $10,000 and 80% of your hospital expenses.
To sue the other driver, the injury must be classified as severe, which applies if it permanently affects your quality of life, results in disfiguring facial scars, or causes the permanent loss of an essential bodily function.
A whiplash injury attorney can explain how these rules work and help you file a strong claim after a thorough evaluation that considers the specifics of your case and the impact of the whiplash injury on your well-being. From filing a claim to conducting an exhaustive investigation, Gallardo is here for you.
The time limit for filing a claim for a whiplash wound can change depending on the specific type of process you wish to initiate. For a personal injury case, the Statute of Limitations, updated in 2023, provides a two-year period, the same as if you decide to file a claim for someone else's or an entity's negligence.
It is also important to note that specific circumstances may alter these time frames, such as if your injury was discovered late or if the victim of the incident was a minor.
Under Florida's "no-fault" system, you must rely on your insurance first. In this case, the deadline for notifying a claim is typically 14 days, although this may vary depending on your insurer. We strongly recommend taking action as soon as possible to avoid missing deadlines, preserve evidence, and ensure witness statements remain credible.
If you want to understand how the ordinances work in these cases, we recommend that you get an experienced counselor who can guide you and oversee the investigation of the incident, its causes, and consequences. Our professionals can explain that, since 2023, Florida has applied the principle of modified comparative negligence, enabling you to recover damages even if you were somewhat at fault for the crash that caused your whiplash injury.
Unfortunately, this can happen when insurance companies try to pay the least amount possible. In these moments, competent legal counsel can move the scales in your favor. In Florida, you have the right to challenge the decision of the powerful insurance company and seek fair treatment by following these initial steps:
What sets Gallardo Law Firm apart is our ability to connect with you and make you feel like part of our family. We have reliable attorneys with proven experience in car accidents and personal injury cases who can assist you 24 hours a day, seven days a week.
Don't wait any longer and call us today to schedule a free initial consultation. Even if you're unsure how to handle your situation or whether it could lead to filing a compensation claim, we can guide you and fight for complete protection of your rights.
