Whiplash is one of the most commonly reported injuries resulting from a car crash. Whiplash often results in pain in the neck and back. If you experience neck and back pain caused by whiplash after a car accident, an experienced personal injury attorney can help you receive compensation for your injuries. The attorneys at Staples, Ellis + Associates, P.A. have represented hundreds of South Florida whiplash victims, taking on at-fault drivers and insurance companies on behalf of their clients. Reach out to Staples, Ellis + Associates, P.A. to discuss your case.
What Is Whiplash?
Whiplash is the common name for injuries sustained in a car accident where the body is forced forward but the head and neck trail. The difference in velocity between the body and head causes damage to muscles and soft tissue in the neck that can be extremely painful. Whiplash primarily occurs in rear-end accidents, where a car is hit from behind and forced forward. The effects can worse when a stopped car is hit from behind, such as at a stoplight.
What Are the Symptoms of Whiplash?
The symptoms of whiplash vary from person to person. Most people experience pain in the neck and shoulders and have difficulty turning their heads. For some people, the symptoms heal on their own in a matter of days. Other people experience long-term pain and limited range of motion from whiplash.
How Is Whiplash Diagnosed?
Diagnosis of whiplash primarily occurs based on reports of symptoms after being in a car accident. In some cases, doctors will perform medical tests to determine a patient’s range of motion in his or her neck and order imaging, such as X-Rays or MRIs.
How Is Whiplash Treated?
Unfortunately, there is no cure-all treatment for whiplash. The body must heal on its own. Many doctors prescribe over-the-counter and prescription medications to control a patient’s pain. To improve range of motion, doctors will also often prescribe exercises or order physical therapy to help patients get back to normal activity levels.
Who Is Responsible for Whiplash Injuries?
If whiplash occurs in a car accident, usually another driver is at fault for the injuries. Liability for injuries is generally easy to determine when a vehicle is hit from behind. The driver that failed to stop is almost always responsible. Other causes may be less clear, but whiplash generally only occurs when one vehicle is hit by another vehicle traveling at a higher rate of speed.
If you are involved in a car accident, one driver is likely at fault under the legal theory of negligence. Lawsuits under the theory of negligence involve accidents where one party’s failure to act reasonably under the circumstances causes harm or injury to another person.
When it comes to driving, every driver is required to operate his or her automobile under Florida’s traffic laws and with the interest of keeping other drivers safe. In the case of a vehicle being hit from behind, the driver that failed to stop or slow down likely negligently operated his or her vehicle.
How Do I Recover for Another Driver’s Negligence?
If another driver failed to act reasonably safely toward you, Florida law allows recovery of damages from the at-fault driver. If you have a claim for negligence, you may be able to settle with the other driver or an insurance company to repay you for damages caused by the driver’s negligence. In cases where a driver or insurance company will not settle, you may need to file a lawsuit in court to force repayment.
How Are Damages Determined?
Experiencing whiplash, like most medical conditions, requires medical treatment. If another driver is liable for causing your whiplash, you may recover damages in the form of medical bills. In cases where whiplash impacts your quality of life, preventing you from enjoying the things you used to do or preventing your ability to work, you may also recover damages for pain and suffering and lost wages.
If whiplash resulted from an automobile accident, your vehicle will likely need repairs. Repair or replacement of property is another type of damage you may recover through a negligence claim.
While it may be tempting to accept an insurance company’s offer for a quick settlement, it is advisable to discuss any settlement with a knowledgeable personal injury attorney to make sure you are compensated for all of your injuries. You may want to get past the accident and injury, but if you accept a settlement that does not fully account for all of your damages, you may be unable to recover from financial injuries in the future.
Contact the Personal Injury Attorneys at Staples, Ellis + Associates, P.A. Today to Learn Whiplash Claims
Whiplash is a commonly experienced injury resulting from car accidents. While some whiplash cases clear up in a few days, other cases drag on, imposing significant pain and suffering. It can be challenging to assess the damages incurred. If you experienced whiplash due to an accident, discussing your case with an attorney is always advisable to make sure you are not leaving any money on the table. The experienced personal injury attorneys at Staples, Ellis + Associates, P.A. can help you establish the other driver’s liability and determine the amount of your damages. Contact Staples, Ellis + Associates, P.A. to get a trial-tested attorney on your side today.