One of the most common injuries people experience in falls, contact sports, and car accidents is whiplash. Although it’s an injury that people don’t tend to worry about suffering, it can leave you with significant pain and stiffness.
If the injury occurred as a result of another party’s misconduct, you may be entitled to file a personal injury claim to obtain compensation to address all of your losses. Learn more about whiplash injuries and the process of beginning a claim.
What Is a Whiplash Injury?
Whiplash is a neck injury that occurs when your head moves rapidly back and forth, like a whip. This can injure the muscles, ligaments, and other soft tissues in the neck and may sometimes cause neurological symptoms. It typically doesn’t cause symptoms for hours or even days after the incident that led to the injury, so people often assume they didn’t suffer any harm.
Whiplash symptoms may begin immediately after the injury or develop over the following days. You can experience:
- Neck pain that spreads
- Stiffness in the area
- Neck muscle spasms
- Headaches
- Muscle weakness
- Burning, tingling, or a pins-and-needles feeling
- Dizziness
- Loss of voice
Motor vehicle accidents are the most common reason for whiplash, but any incident that leads your head to move sharply back and forth can cause it.
Treating Whiplash
Treatment for whiplash depends on the severity of the injury and the symptoms involved. A medical provider may recommend pain medication, gentle movement or exercises, physical therapy, or other treatments based on the patient’s condition.
Physical therapy may help improve flexibility, restore range of motion, and strengthen the muscles that support the neck. Some patients may also benefit from applying heat or cold to help manage pain and discomfort. More serious or persistent symptoms may require additional medical evaluation to determine whether another injury is contributing to the pain.
Many people recover from whiplash within a few weeks, although some experience symptoms for months or longer. Because symptoms can vary significantly, people experiencing ongoing or worsening neck pain, weakness, numbness, or other concerning symptoms should seek medical evaluation.
Can You File a Personal Injury Claim for Whiplash?
A whiplash injury may support a personal injury claim when another party’s negligence caused the accident. Generally, a negligence claim requires evidence that the defendant owed you a duty of care, breached that duty, caused your injuries, and caused you to suffer damages.
For example, a driver who causes a crash by speeding or driving while distracted may be liable for injuries resulting from the collision. Medical records, accident reports, witness statements, photographs, and other evidence may help establish what happened and connect the accident to your injuries.
How Do Florida’s No-Fault Insurance Laws Affect a Whiplash Claim?
After a Florida motor vehicle accident, personal injury protection (PIP) insurance generally provides certain medical and disability benefits regardless of who caused the crash. Florida law requires covered individuals to receive initial medical care within 14 days to qualify for PIP medical benefits.
PIP does not necessarily prevent an injured person from pursuing a claim against an at-fault party. However, Florida law limits when someone injured in a motor vehicle accident may recover noneconomic damages, such as pain and suffering. Whether that threshold is met depends on the nature and severity of the injury.
What if You Were Partly Responsible for the Accident?
Florida follows a modified comparative fault system for most negligence claims. If you are partly responsible for an accident, your percentage of fault can reduce the damages you recover.
For example, if you sustained $50,000 in damages but were found 20% responsible, your recovery could be reduced by 20%. Under Florida law, a claimant who is more than 50% responsible for their own harm generally cannot recover damages in an applicable negligence action.
What Damages May Be Available in a Whiplash Claim?
The compensation available after a whiplash injury depends on the circumstances of the accident, the severity of the injury, and the financial and personal losses it causes.
Depending on the case, economic damages may include:
- Past and future medical expenses
- Lost wages
- Reduced future earning capacity
- Other accident-related financial losses
A claimant may also seek non-economic damages for losses such as pain and suffering and loss of enjoyment of life when permitted under Florida law. In motor vehicle cases subject to Florida’s no-fault statutes, an injured person generally must satisfy the statutory injury threshold before recovering damages for pain, suffering, mental anguish, and inconvenience.
The value and types of damages available depend on the evidence supporting the claimant’s injuries and losses.
Contact the Florida Personal Injury Attorneys at Coker Law Personal Injury Lawyers for Help Today
If you are struggling with pain and stiffness as a result of a whiplash injury that another party caused, you may be able to pursue a personal injury claim. This is a process that can pose numerous challenges, including meeting the filing deadline of two years from the incident.
At Coker Law Personal Injury Lawyers, our team of personal injury lawyers can guide you through every potential pitfall and fight for a fair settlement so that you can recover your losses. Schedule a free consultation with one of our lawyers to get started.