Whiplash is a painful injury caused by a violent and rapid back-and-forth neck movement. It can have lifelong consequences and be financially stressful. Our team can help you through this stressful time.
If another party’s negligence caused the accident that led to your whiplash injury, you may qualify for compensation. A Tampa, FL, personal injury lawyer can help you seek financial compensation.
Effects of Whiplash
According to Johns Hopkins Medicine, whiplash can lead to various complications. Common effects include:
- Pain and numbness in the arms, hands, and shoulder
- Ringing in the ears
- Problems with memory and concentration
While most whiplash sufferers heal from these symptoms within several weeks or months, some victims experience chronic pain and headaches for years.
The side effects of a painful and enduring injury can lead to depression, sleep disorders, anxiety, stress, and mental anguish. You could receive pain and suffering damages to compensate you for these conditions and other ways your injury has reduced your overall quality of life.
You Could Recover Damages for Your Injuries
You should not have to pay for costly treatments if the accident was not your fault. A Tampa whiplash injury lawyer from our firm can help you fight for compensation to pay for any costs you’ve incurred, such as:
- Loss of income
- Medical expenses
- Physical therapy
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Property damage
Recovering from whiplash is an extensive and often painful process. Our personal injury lawyers in Tampa are ready to help you recover all the damages you qualify for so you can return to your normal life.
File Your Personal Injury Claim Before the Deadline
Depending on the specifics of your accident, you could recover your damages from the responsible party through a claim against their homeowners, renters, business liability, or automobile insurance. Our team can also help you seek compensation through a personal injury lawsuit.
According to Florida Statutes § 95.11, you must file a claim four years from the accident date. With our personal injury attorneys as your legal representation, you don’t have to worry about missing the deadline. We’ll ensure you file on time and know exactly how long you have to file.
Depending on the details of your accident, you could have a longer time to file. But you must file before whatever your deadline is. After the deadline passes, you won’t be able to recover compensation.
If You Lost a Loved One, You Could File a Wrongful Death Claim
If you lost a family member in a whiplash injury accident, our team of personal injury attorneys is deeply sorry for your loss. We know it’s difficult to function at this time, but you could recover compensation for your loss to cover unpaid medical bills.
To get compensation, you must submit a claim within two years of your loved one’s death. Our team can help you file your claim and answer any questions. We’re ready to get justice for you and your family.
It’s best to get in touch with one of our lawyers and file your claim as soon as possible. Filing early gives us time to gather relevant evidence and gives you a higher chance to recover the maximum compensation.
Elements of Negligence that Must Be Present for a Case
The next step of being eligible to recover compensation from an at-fault party is to prove their negligence. The four elements of negligence we must prove are:
Duty of Care
The first element that must be present is that the person who injured you must have had an obligation to act responsibly and avoid hurting anyone. For example, if you were an accident victim in a car crash, the driver who hit you owed you a duty of care.
Every driver is obligated to act as a reasonable person would when they are driving. This ensures that everyone on the road is safe.
Breach of Duty
The negligent party must have ignored the obligation or performed an action that risks the safety of others. By doing so, they show a disregard for others’ safety.
Actions could range from driving under the influence to fidgeting with the radio at the wrong time. In other contexts, the negligent party could have failed to make their property safe enough for visitors, resulting in your injury.
To hold someone accountable for their actions, you must have suffered injuries due to their negligence, and a lawyer must prove it. We can do this by gathering evidence from the accident scene. We can link your injuries to their actions by building a strong case with relevant evidence.
The last element our team must prove is that as a result of the accident, you suffered financial and non-financial damages. For example, you may require medical care and medications after sustaining a whiplash injury. You won’t have to pay the costs out of pocket by recovering these damages.
If all four elements of negligence are present, you could have a valid whiplash injury case. We’ll then identify the liable parties and pursue compensation from them.
Liable Parties in a Whiplash Injury Case
Many types of accidents may cause whiplash. To win compensation, you must prove that your accident resulted from another party’s negligent behavior. Liable parties may include:
A Business, Home, or Property Owner
If you were injured on someone else’s property due to an assault caused by negligent security, a slip and fall, or another type of accident, an attorney from our firm could help you with a premises liability claim.
In the case of a slip and fall, negligent property conditions such as torn carpeting, loose floorboards, or poor snow and ice removal could all qualify for a case. If your accident resulted from negligent security, proof might include failure on the property owner’s part to secure their premises.
A Negligent Driver
Another driver could be responsible for your damage if a car accident caused your whiplash. Negligent driving behaviors include reckless driving, distracted driving, driving drowsy, speeding, tailgating, and driving while intoxicated.
In a car accident case, other liable parties may include a vehicle, vehicle parts manufacturer, or the roadway owner where your accident occurred.
These are not the only potentially liable parties or examples of negligence. Every case is different. A Tampa whiplash injury lawyer with our firm can examine your case to determine liability and your available options for seeking compensation.
Regardless of the people or entities responsible for your accident, we have extensive experience holding negligent parties accountable. We don’t let the person who hurt you get away without paying you what you deserve.
Evidence We Collect To Prove Liability
Whatever the cause of your whiplash injury, your attorney will attempt to prove the carelessness of the negligent parties. We’ll use evidence such as:
- Medical records
- Accident and police reports
- Eyewitness statements
- Testimony from experts
- Photographs, videos, and surveillance footage
The sooner you get in touch with one of our whiplash injury lawyers, the better. Time is crucial when you need to gather evidence to prove a claim. Over time, evidence could get spoiled or even disappear.
How Our Legal Team Deals with the Insurance Company
We know how insurance companies are, and they’re not on your side. They may act friendly and offer refreshments, but you shouldn’t take them or let them bribe you into lowering your settlement. Insurance adjusters work to devalue your injury claim so they don’t have to pay you its full value.
But our lawyers are ready to face the insurance company and fight their tactics, so you can get the damages you qualify for. When they question the severity of your injuries or the liable party, we’ll have the evidence to prove them wrong.
And if we can’t reach a settlement agreement, we’ll file a lawsuit and take your case to court so you can get the settlement you deserve. You should never meet with the insurance company without a lawyer.
How Our Whiplash Injury Attorneys Can Help
Our legal team can work with you to get the compensation you need. We’re available to help you with various tasks for your case. Your lawyer will:
- Gather evidence to help prove the other party caused your injuries.
- Submit paperwork and documents on your behalf and in a timely fashion.
- Review any settlement offers you receive to ensure the insurance company offers fair compensation.
- Attempt to negotiate the highest possible settlement for your case.
- Communicate with you via phone calls and emails.
- Update you on the progress of your claim.
We’re here to help you get the most out of our claim. We’re ready to work until you get enough compensation to cover all the medical costs and additional care you need.
Average Settlement for a Whiplash Injury Case
Many clients ask us what their case is worth or the average settlement for a whiplash case. But the truth is that we don’t have an answer because every case is different. Instead, we can tell you what factors influence your settlement.
The severity of your injuries is one of the most influential factors because it determines how much money you’ll need to recover from them. Injuries like spinal cord injuries and traumatic brain injuries are worth more because of the higher level of treatment they require.
Another factor contributing to your settlement amount is the number of negligent parties. You can collect compensation from multiple parties, increasing your compensation if multiple parties are at fault.
The number of damages you recover is the last factor that influences your settlement. So the more damages you recover, the higher your settlement will be.
Contact Our Whiplash Injury Attorney for a Free Case Evaluation
The Law Offices of Anidjar & Levine have helped thousands of clients across Florida successfully settle all accident cases. We know the time following an accident is difficult for victims and their families. You are physically suffering, and the mental and emotional burden of an accident can take its toll.
You do not have time or energy to waste fighting with insurance companies and chasing down paperwork. Let a Tampa whiplash injury lawyer remove the stress of seeking compensation with our firm. Call us or fill out the contact form on our website to get a free consultation today.
We Can Help.