Car collisions, especially rear-end accidents, can lead to whiplash, a soft tissue injury to the neck. If a negligent party caused a car accident that led to your whiplash injury, you could pursue them for compensation.
Our firm’s Tampa car accident lawyer can determine whether you have a valid claim and help you seek damages for your injuries. We know what it takes to help whiplash victims get the compensation they need.
Symptoms of Whiplash After a Car Accident
After a Tampa car crash, you may be sore and in pain. To know if the pain you feel is whiplash, you could check if you have common whiplash symptoms such as:
- Neck pain: Neck pain is a common symptom of whiplash, a type of injury. This sudden movement can cause damage to soft tissue, including muscles, ligaments, and tendons.
- Fatigue: This common symptom of whiplash can be debilitating. Concentrating, staying awake, and completing everyday tasks can be difficult if you’re excessively tired.
- Dizziness: Dizziness is another whiplash symptom affecting your balance and coordination. It can also cause nausea and blurred vision.
- Tingling or numbness in arms: If you have been in a car accident that resulted in whiplash, one of the most common symptoms is tingling or numbness in your arms. Trauma can cause this to the neck and spine from the crash’s impact.
- Headaches in the base of your neck: When the tendons and ligaments are stretched beyond their means, you may get a headache along the base of your neck.
You may have whiplash if you experience these symptoms after a car accident. But symptoms of whiplash may take a while to appear, so you should see a doctor as soon as possible after the crash to get the proper medical treatment for whiplash. If whiplash isn’t treated, you could suffer a permanent injury affecting your everyday life.
How Long After an Accident Do I Have To File a Personal Injury Claim?
According to Florida Statutes § 95.11(3)(a), you generally have four years from your accident to file your claim. Meeting this deadline is crucial to your claim. If you miss this filing deadline, you could end up with no way to get compensation for your injuries.
Depending on the details of your case, you may have more or less time to file your personal injury claim. However, not knowing how long you have is risky, so getting in touch with our team in Tampa as soon as possible is essential.
What Kinds of Compensation Can I Get for a Whiplash Injury?
One factor that affects the compensation you can get for a whiplash injury is the severity of your injury. Some whiplash injuries resolve fairly quickly with minimal treatment, but others may require lengthy recovery and rehabilitation.
Your compensation, therefore, will vary according to the amount of your medical bills and how long it takes to treat your injuries. In addition, various kinds of compensation may be available in a whiplash injury case, such as:
- Medical expenses: After you get injured in a car collision, we can help you recover damages from surgery, medication, medical devices, X-rays, and any other costs necessary to help you get proper treatment.
- Rehabilitation and therapy costs: When recovering from a whiplash car accident, rehabilitation and therapy costs can be quite high. Depending on the severity of the injury, physical therapy may be necessary to help restore range of motion and reduce pain. Occupational therapy may also be required to help with everyday activities.
- Lost wages from being unable to work: If you have been injured in a car accident in Tampa and cannot work due to your injuries, you may be entitled to compensation for lost wages. You can recover financial compensation for the time you missed at work.
- Pain and suffering: This damage can be recovered in a personal injury claim resulting from a car accident. Pain and suffering refer to the physical and emotional distress the injury causes.
- Emotional trauma: Even if the physical injuries are minor, the psychological effects can be long-lasting and debilitating. Whiplash victims may experience depression, anxiety, fear, and post-traumatic stress disorder (PTSD).
For economic losses, like lost wages and medical bills, you must provide documentation, evidence of your typical wages, and how much work you missed due to your injuries.
You also may qualify for non-economic losses, depending on your situation. You can prove those losses by documenting how your injuries have impacted your daily life and activities.
Why Should I Choose Your Law Firm for My Case?
We have represented clients who have been injured in all types of accidents. So we know what kind of help you need and how to support you through this challenging time. You can count on us to be available for your questions and receptive to your needs as they arise.
Not every case is the same, so we will not use the same approach to every injury case. However, we recognize that your case requires individualized attention and service.
We know your case’s importance and how much you have lost due to your injury. We’re passionate about what we do, so we’ll ensure we fight for you until you receive damages that match your losses.
How Do I Prove Negligence in a Whiplash Injury Case?
As a whiplash victim, you should know that drivers have a legal duty of care that they owe to others on the roadways, including other drivers, passengers, bicyclists, and pedestrians. When drivers act in a way that violates this reasonable duty of care, they can be financially responsible for any accidents they cause that harm others.
Generally, negligence consists of careless or reckless disregard for the safety of others. For example, if drivers are speeding, driving while intoxicated, or driving while texting, they may be negligent in causing the accident. Similar traffic violations also can be the basis for a negligence claim.
Then, we’ll need to connect the negligent parties’ actions to your injury with evidence to prove they were responsible for your injuries. Again, our lawyers have years of experience doing so. And then, we’ll prove you have suffered financial and non-financial losses due to your injuries.
Who Is Legally Responsible for My Whiplash Injury?
A lawyer must determine who is responsible for your accident to hold them responsible for the costs of your injuries. There may be one person liable or multiple parties who share liability. One of the most commonly liable parties for your whiplash injury may be another at-fault driver, but other liable parties might include:
- An employer of the negligent driver
- A business
- A vehicle or parts manufacturer
- An amusement park operator or owner
- A municipality in charge of road maintenance
Once our auto accident lawyers identify all potentially liable parties, we can begin gathering evidence in support of your claim. Then, we can investigate the cause of the accident that led to your whiplash injury and work to get compensation.
How Do Your Lawyers Negotiate a Fair Settlement With the Insurance Company?
Our Tampa car accident lawyers understand that negotiating a fair settlement with the insurance company can be difficult and stressful. That’s why our experienced attorneys are here to help. We have extensive knowledge dealing with insurance companies and know how to get you the compensation you deserve.
When negotiating a settlement, our lawyers will consider all your losses and present solid evidence to the insurance adjuster. We’re aware of the strategies insurance adjusters try to use, but their tactics of devaluing your settlement won’t work on us.
We’re familiar with the ways insurance companies try to tell injured people they don’t qualify for a higher settlement than the low one they’re offering.
We’ll be quick to defend against their tactics and get you the financial reward you qualify for. In addition, we’ll ensure we account for your damages so you get the maximum compensation amount.
How Does Our Law Firm Help You After You Have Suffered a Whiplash Injury?
After you have suffered a whiplash injury in an accident, your focus should be on your physical and mental health, not insurance companies. We understand that being involved in a car accident can be a traumatic and stressful experience.
That’s why our experienced accident attorneys are dedicated to building a strong case on your behalf. In addition, a Tampa whiplash neck injury lawyer from our law firm is available to help with your needs as they arise following your accident.
For instance, we can:
Collect Evidence
Our job is to collect all the evidence needed to support your case. For instance, we will likely gather your medical records and bills, police reports, crash scene photos, witness statements, and other relevant documents to prove your claim.
Negotiate with Insurance Companies
Insurance companies are focused on their bottom line and may not be willing to offer you a fair settlement. Our team will talk to the insurance adjuster and handle all negotiations on your behalf.
We have the knowledge and experience to negotiate with insurance companies and secure a settlement that protects your rights and covers your medical expenses, lost wages, and other damages.
Pursue Legal Action
In some cases, the insurance company may not agree to a fair settlement, and it may be necessary to pursue legal action.
Our experienced auto accident attorneys are prepared to fight for your rights in court if necessary. We have a proven track record of success and will work tirelessly to get you maximum compensation.
In addition to the above, we will:
- Update you about every step of your case.
- Answer your questions and calm your concerns.
- Help you schedule medical appointments.
- Get your car fixed if it was damaged in the crash.
- Be available for you by cell phone and email.
How Much Will It Cost for You To Take My Case?
Our law firm believes everyone should have access to legal assistance regardless of financial status. Therefore, we start with a free, no-obligation consultation for your case. During the consultation, we can answer your questions and evaluate your options.
Then if you decide to hire our law firm, you’ll pay us absolutely nothing upfront or out of pocket for our services. We work on a contingency-fee-basis, so you pay nothing unless we get compensation for your injuries.
What Is the Average Settlement for a Whiplash Car Accident in Tampa?
After you suffer a whiplash injury in a car crash and you’ve taken care of your injuries, you may be curious about the amount of your settlement, like many clients are.
Unfortunately, our team is unable to give you an exact amount until we review your case in a free case evaluation, but settlement amounts are based on the following factors:
The Number of Responsible Parties
In addition to the severity of your injury, the number of at-fault parties plays a significant role in how much your whiplash settlement is. The more parties contributing to your injury, the higher your settlement will be.
Our lawyers will compile all the relevant evidence to hold the negligent parties accountable. Then we can help you file a personal injury claim against each of them.
Insurance Company Negotiations
Insurance companies are for-profit businesses that aim to pay out as little as possible on each claim. As a result, they may try to negotiate a lower settlement amount than what you believe you are owed. Doing so could result in you receiving a lower settlement.
Luckily, our Tampa personal injury attorneys are ready to defend your settlement and get you the money you need to cover your accident-related costs and monthly bills.
Without the help of a lawyer negotiating with the insurance company in the aftermath of a motor vehicle accident, you may settle for a lower settlement that doesn’t cover the costs you have to pay.
If You Shared Fault in the Accident
According to Florida Statute § 768.81, if you are partially at fault in the crash, your damages will be reduced by the percentage of fault you share in the accident. For example, if you shared 20% of the fault in the crash, your damages would be subjected to a 20% reduction.
A reduction in your damages could significantly decrease your settlement amount. Our personal injury lawyers will ensure we correctly place the right percentage of liability on the at-fault driver, so you don’t have to suffer financially.
More About Your Legal Rights After an Accident
A Tampa whiplash car accident lawyer from the Law Offices of Anidjar & Levine can give you a free case consultation. By doing so, you’ll clearly understand your legal rights and options following a whiplash injury. You have a limited time to act after you suffer whiplash injuries in an accident.
As a result, you should seek legal advice as quickly as possible after your accident to ensure that you meet all applicable deadlines. Contact us today to get started on pursuing compensation.