Car accidents may lead to a range of injuries. Sometimes, even seemingly moderate accidents can result in debilitating soft tissue injuries, such as whiplash, for the car accident victim. These accidents sometimes result in a whiplash claim being filed. Other types of injuries frequently involved in car accidents include the following:
- Cuts and lacerations
- Internal injuries
- Broken bones and fractures
- Contusions and bruises
- Burns
- Back and spinal cord injuries
- Traumatic brain injuries
Whiplash is more common in rear-end collisions, in which a vehicle strikes another vehicle from behind at slow to moderate, or even fast, speeds. This kind of injury happens when a sudden force strains the neck and spine, damaging bones, muscles, ligaments, and nerves. While other situations could cause this injury, it is most common in car accidents. Whiplash is typically treatable and resolves in time, but in some cases, the pain can last for months or even years.
Similar to other car accident cases, building a whiplash claim involves several steps to ensure you retain your rights and have a successful claim. Here are five steps you can take to build a whiplash claim after a car accident:
Five Steps to Build a Whiplash Claim After a Car Accident
1. Call 911 and Seek Immediate and Follow-Up Medical Attention
Whiplash can be difficult to detect because the injury often does not show up until hours later, the next day, or even several days after the accident. That means if you are rear-ended and initially think you’re not suffering from major injuries, you could be ignoring a soft tissue injury that could affect your life for days, weeks, months, or even years. This is why it is crucial to get evaluated by a medical professional as soon as possible after the accident. Early medical intervention will help establish the injury’s existence and link it directly to the accident.
2. Keep Track of All Your Doctors’ Visits and Follow Your Treatment Plan
It is essential to maintain detailed records of all your doctors’ visits, medical procedures related to your whiplash injury, and notes from your medical visits. Be sure to follow the prescribed treatment plan for your whiplash claim. This may include therapy, rest, and pain medications. Not following the doctor’s recommendations could weaken your claim, as insurers may question the legitimacy of the injury if the treatment plan is not adhered to.
3. Contact Your Insurance Company and the At-Fault Driver’s Insurance Company
Notify your insurance company about the accident, but be careful not to speculate about the incident or admit fault. The insurance company will perform its own investigation to determine liability. Provide the insurance company with the incident report number so they can obtain a copy of the police report. Remember that Florida is a no-fault state, meaning your own insurance (PIP) will cover up to $10,000 of your medical expenses and lost wages, regardless of who is at fault. However, for whiplash injuries, you may be able to step outside the no-fault system and sue the at-fault driver if the injury is severe enough.
4. Maintain Detailed Records of Your Whiplash Recovery
Keep a pain journal to track how you’re feeling each day, and make sure to keep receipts of expenses related to the accident, including:
- Missed time from work and lost wages
- Transportation costs to and from medical appointments
- Medical bills and physical therapy costs
This documentation will be crucial to prove the extent of your injury and the impact it has had on your life.
5. Consult an Experienced Personal Injury Attorney and Be Aware of the Statute of Limitations
In Florida, the statute of limitations for filing a personal injury or whiplash claim is generally four years from the date of the accident. It is best to consult with an attorney as soon as possible to start building your case and avoid missing important deadlines. An attorney can help you navigate the claims process and ensure you are taking the right steps to protect your interests.
What Is a Fair Settlement for a Whiplash Injury?
Whiplash injuries can lead to a range of settlement amounts, from thousands to tens of thousands of dollars. The amount varies depending on the severity of the injury. Minor to moderate whiplash injuries typically lead to lower settlements, while severe cases involving permanent disability and chronic pain can result in higher settlements.
For example, if someone misses a month of work and undergoes three to six months of physical therapy with continued pain, their settlement is likely to be higher than someone who returns to work in a week with no ongoing physical therapy. In cases where the individual requires a year or more of physical therapy and suffers debilitating pain throughout, the settlement will likely be on the higher end.
Medical expenses are a key factor in determining settlement amounts. These expenses include doctor visits, prescriptions, physical therapy, and imaging tests (e.g., MRIs or X-rays). Another important factor is the pain and suffering associated with the injury. Whiplash can cause significant discomfort and disrupt daily life, which contributes to the emotional and physical toll on the victim.
Why Choose Clayton Trial Lawyers for Your Whiplash Claim?
Whiplash injuries can vary in severity, so building a strong claim is crucial for fair compensation. By following the steps above and seeking legal help, you can protect your rights and maximize your claim. If you’ve suffered whiplash in a car accident, consult an experienced personal injury attorney to secure the compensation you deserve.
At Clayton Trial Lawyers, LP (CTL), we understand how challenging it can be to navigate Florida’s insurance system after an accident. Our team is dedicated to helping you get the compensation you deserve.
What We Offer:
- Personalized Attention: We listen closely to your story and understand your unique circumstances.
- Expert Legal Counsel: Our attorneys bring legal knowledge, resources, and expertise to your case.
- Compassionate Support: We offer empathetic and caring guidance throughout the process.
If you’ve been injured in a car accident in Florida, contact Clayton Trial Lawyers today for a free consultation. We’re here to fight for your rights and ensure you receive the justice you deserve.