Do I Get Compensation For Whiplash After An Accident?

If you’re in a car accident in Florida, you have the right to get compensation for medical damages, including whiplash. Even in other types of accidents that are because of someone else’s negligence, you have the right to pursue damages for whiplash injuries. 

However, getting that compensation isn’t necessarily as easy as insurance commercials may make it seem. Find out more about whiplash and how to recover damages for this type of injury. 

What Is Whiplash?

Whiplash, the common term for what medical professionals call “cervical acceleration-deceleration,” is a soft tissue injury caused by a sudden forward and backward motion from a sharp jolt to the body. The name comes from the whip-like motion that causes a sprain or strain of the head, neck, and spine.

How Does Whiplash Happen? 

The most commonly reported cause of whiplash is motor vehicle accidents. The rapid shock of vehicles colliding jars the body and spine forward and backward, overextending and straining the neck. Rear-end collisions tend to produce the most cases of whiplash, but they’re possible in practically any type of accident. 

Of course, other types of misfortunes can cause whiplash. Bicycle, motorcycle and horse riders can experience this trauma. Athletes in high-speed contact sports are also likely to show signs of whiplash from sudden impacts. 

Even falls and workplace accidents can be responsible for whiplash. A steep drop can lead to a forceful impact on the neck and head, and machinery could yank a person and cause whiplash. Another lesser-known source of whiplash is physical abuse, especially if the assailant shook a victim or struck the person in the head.

How Much Is a Whiplash Settlement Worth?

There is no specific value for the damages in a car accident settlement that includes whiplash. Compensation for all personal injury cases depends on your specific economic and noneconomic losses. 

The insurance company or court first determines who is liable to cover the cost of your injuries. It then looks at:

• The severity of your injuries and the cost of your medical treatment and equipment, both present and future
• Any wages you’ve lost or will lose as a result of treating your injuries
• The acceptable value of noneconomic damages for mental, emotional or psychological harm that you experience because of your injuries

The reason we don’t publish any averages here is because each claim is unique. Also, many settlements are confidential, leaving limited data on such payouts. However, if you call us for a free case evaluation, we can discuss in more detail the elements of your case and what you might be able to expect. 

How Do Florida’s No-Fault Insurance Laws Impact My Claim?

Whiplash is most often associated with car accidents, so you’ll likely turn to your car insurance for benefits. In Florida’s no-fault system, you can receive compensation no matter who is at fault, and your own insurer is initially responsible for your losses.

The basic level of personal injury protection (PIP) that Florida residents must purchase covers only 80% of necessary medical expenses up to $10,000. To get compensation beyond that, you can purchase an extended PIP plan with higher limits. 

If you don’t want to pay these costs yourself, you can file a lawsuit against the at-fault driver to cover the excess amount. The other person’s insurance will most likely pay the claim, and you need to be ready with strong evidence to show the extent of your injuries. 

What Are the Symptoms of Whiplash?

Neck stiffness or soreness is one of the first signs of whiplash. The condition is likely if you start to experience limited movement in your neck or struggle to move your head and shoulders.

The injury can cause headaches, jaw pain, back pain or numbness in the arms or hands. Others begin to deal with a constant ringing in the ears, also known as tinnitus. Dizziness, nausea, fatigue, lack of focus and sleep issues may also occur.

These symptoms often lead to increased stress and anxiety. You may struggle with these feelings, particularly when medical professionals have trouble diagnosing you or others don’t believe you’re dealing with a serious problem. 

Unfortunately, soft tissue injuries can be difficult to diagnose, including whiplash. This is one reason to seek medical attention promptly after an accident. 

Your adrenaline may mask the pain at first, and it can take days for you to see symptoms. Monitoring your condition under the watchful eye of a healthcare professional ensures you can get the appropriate treatment and documentation necessary for getting compensation for medical damages.

How Severe Is a Whiplash Injury, and What Treatments Are Helpful?

Like many other injuries, the long-term consequences of whiplash vary considerably. Benign cases involve pain that goes away on its own within days or weeks. In these situations, you manage the discomfort with pain medication, massage and hot or cold packs. You may also be able to strengthen the head, neck and shoulders with exercises.

At the other end of the spectrum, whiplash can be a sign of more serious harm, even traumatic brain injury. If you had preexisting neurological conditions or symptoms, such extreme wounds are more likely.

More severe whiplash cases could require stronger painkillers than you can get over the counter. You may even need muscle relaxers or steroid injections for intense pain. Beyond exercises you can do on your own, physical therapy or chiropractic treatments can strengthen and repair the body.

Most people experience symptoms that fall between these two extremes. After a significant impact, you may feel head, neck, shoulder and back pain months or years after a car accident, even if you didn’t notice it right away.

Do You Deserve Compensation for Your Whiplash Injuries? 

If you are experiencing the effects of whiplash after a car accident or some other jarring personal injury, we can guide you through the process of getting fair compensation. Call our team at Kogan & DiSalvo to see how we can help.

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