Whiplash is among the most common injuries victims suffer following car or slip and fall accidents. If you have whiplash, you may be able to receive compensation for your injury.
At the Law Offices of Anidjar & Levine, we work with clients to build a case and try to obtain compensation for their accident. You don’t have to go through this alone, contact a whiplash injury lawyer in Melbourne today at 1-800-747-3733 to schedule a free, no-obligation consultation.
Seeking Medical Attention after an Accident
You may begin experiencing these symptoms within 24 hours of your accident. However, whiplash often takes days and sometimes weeks before symptoms manifest. Accident victims often do not seek medical attention until long after their accident occurs.
Not receiving treatment can hurt personal injury claims when the victim eventually decides to file one. Anidjar & Levine recommends visiting a doctor if anything feels irregular after an accident. Primarily because it often helps your overall health and recovery if you catch any injuries early. Also, it establishes a record of your injury and recovery right away, which is helpful if you do file a personal injury claim.
No matter your symptoms, we encourage you to call Anidjar & Levine. Our team will carefully examine the details of your claim and determine the strength of your case. An injury lawyer could have the help you collect the settlement you deserve. Call us at 1-800-747-3733.
Determining Negligence and Liability
Negligence and liability must be determined to collect a settlement after an injury. Whiplash injuries often occur from read-endings in car accidents and slip and fall accidents. No matter the type of accident that caused your injury, your claim must establish duty of care, breach of duty of care and damages.
Duty of Care
Florida’s state statutes define duty of care as “In any claim brought pursuant to this part alleging a violation of resident’s rights or negligence causing injury to or the death of a resident.”
In other words, everyone must exercise a standard level of reasonable care, mainly when taking part in an action which could injure others. For property owners, this means you must ensure the safety of your guests within all reasonable means.
Establishing what duty of care is represents the first step in collecting damages. Once you have done that, you must prove that whoever caused your accident broke duty of care.
Breach of Duty of Care
After we establish what constitutes duty of care, we can determine if someone breached duty of care. For example, if your whiplash injury occurred because the other driver tailgated behind you, then that would be a breach of duty. If you slipped and fell on a wet floor that did not have a visible wet floor sign, this constitutes breach of care too.
Any injuries you sustained after breach of duty qualifies as causation. And if there is causation, you can collect damages.
Damages Available to Melbourne Whiplash Injury Victims
Anidjar & Levine launches a full-scale investigation as we aim to win the settlement you deserve and have your damages compensated. Our investigations include our legal team, and if your case requires it, professionals in other fields. For example:
- Medical experts to diagnose and detail your injuries
- Accident reconstructionist to investigate the circumstances of your accident
- Teams of surveyors to depict the environment of the accident
- Engineering teams if faulty manufacturing or construction was at fault
Two types of damages may apply to your personal injury claim, economic and non-economic. Who pays these damages depends on how, when, and where your injury occurred.
- Medical expenses
- Rehabilitation and physical therapy
- Damage to vehicle or property
- Lost wages
- Lost earning potential
- Pain and suffering
- Punitive damages
Ultimately, the damages you collect depend on the circumstances of your accident, the severity of your injuries, and how well evidence is in your case. Having a legal team on your side is crucial in building and presenting a case that results in you receiving adequate compensation.
Call a Melbourne Whiplash Attorney Today
Many people forego seeking legal representation because they believe they cannot afford a whiplash attorney. The Law Offices of Anidjar & Levine does not charge you attorney’s fees unless you collect a settlement covering losses related to your whiplash injury.