Whiplash can cause severe and continuing pain requiring medical treatment. Suppose the accident that led to your whiplash resulted from the negligence of another party. In that case, you might be eligible to seek compensation for your medical bills, lost wages, pain and suffering, and other types of damages.
A Cape Coral personal injury lawyer from the Law Offices of Anidjar & Levine can assist you in determining the legal validity of any personal injury claims that you may have and help you pursue compensation.
Damages in Whiplash Injury Claims
A Cape Coral whiplash injury lawyer from our firm may be able to hold other parties accountable for causing the accident that led to your injuries. By bringing a personal injury claim against them, you may be able to recover your losses, such as:
- Medical bills, including emergency medical services, surgical costs, hospitalization expenses, and rehabilitation costs
- Lost wages and loss of future income if you are unable to return to work
- Physical pain and suffering from your injuries
- Mental trauma associated with the accident
- Loss of enjoyment of life if you are unable to do the activities that you did before
The amount and extent of damages that you might be eligible for following a whiplash injury vary widely. Among other factors, the amount of compensation that you may qualify to receive may depend on how severe your symptoms are, how long they last, and whether they cause you permanent impairment.
Insurance Coverage for Your Injury-Related Losses
The type of insurance available in your case depends on your accident type. For example, if you were injured in a slip and fall, you may file a claim against the property owner’s liability policy. If you were injured at work, you might be covered by workers’ compensation insurance.
If your whiplash injury stems from a car accident, the following types of insurance coverage may be available in your case:
PIP Insurance Coverage
Florida is a no-fault insurance state, which means that all drivers must maintain minimal levels of Personal Injury Protection (PIP) insurance. As a result, when you suffer whiplash or other injuries in a car wreck, you first can look to your PIP insurance policy for coverage.
However, this coverage is limited based on the policy limits that you chose when you purchased the policy. The minimum limits required by law may be insufficient to cover your losses. Furthermore, PIP insurance covers only specific types of losses in an accident, such as medical expenses. PIP will not cover damages such as pain and suffering.
Insurance Coverage by the At-Fault Driver
When PIP does not cover all your damages related to a car accident, you may be able to look to the driver responsible for causing your accident. This situation usually occurs when you have suffered extensive injuries or permanent damages as a result of the accident.
You can file a claim with the insurance company that provides liability insurance for the at-fault driver. You also may be able to file a lawsuit against that driver if you cannot reach a reasonable settlement with the insurance company.
No matter how your accident occurred, the Law Offices of Anidjar & Levine can help you:
- Identify the liable party
- Identify what insurance policies apply
- Pursue compensation via an insurance claim or personal injury lawsuit
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Filing Your Whiplash Injury Claims and the Statute of Limitations
Florida Statute § 95.11(3)(a) requires that individuals file personal injury claims based on negligence within four years of the date of their accidents. There may be some exceptions to this general statute of limitations, but this deadline underscores the necessity of getting started on your case as soon as possible after your accident.
The Law Offices of Anidjar & Levine can help you identify and comply with all filing deadlines in your case.
Whiplash Injuries May Cause Long-Term Medical Care Needs
The National Institute of Neurological Disorders and Stroke (NINDS) defines whiplash as “a soft tissue injury to the neck.” Whiplash is sometimes referred to as neck strain or sprain.
Sudden extension and flexion of the neck may result in whiplash. Motor vehicle accidents are a common source of whiplash, but this injury can also occur during falls or other types of jarring impacts. Whiplash can result in injuries to joints, discs, ligaments, muscles, and nerve roots.
Most people recover fairly quickly from whiplash, but some may not fully recover until months after the accident that caused the whiplash. Even then, people with whiplash may suffer residual neck pain and headaches, which can be debilitating. In some cases, whiplash may lead to chronic pain, which can be permanently disabling.
If You Were Injured in an Accident, We Can Help
After an accident in which you have suffered injuries such as whiplash, you may be uncertain where to turn to get answers to your questions and reassurance for your concerns. The situation can be overwhelming, especially if you are struggling to juggle medical treatment, insurance claims, medical bills, and a loss of income.
When you find yourself in this situation, a Cape Coral whiplash injury lawyer from our firm can help. At the Law Offices of Anidjar & Levine, we know how devastating an accident that causes whiplash can be. We are here to remove some of the legal burdens from your shoulders and guide you through the insurance claims or lawsuit process.
Call our offices for a free case review with a member of our team.
