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Can I File a Lawsuit For A Whiplash Injury?

Whiplash is a common consequence of automobile accidents.

The neck injury can be caused by a wreck from any angle, but it typically happens in rear-end collisions.

Whiplash can be debilitating and have long-term effects that require future medical care. If you have suffered a neck injury following a car crash, you may be eligible to recover damages for your sustained injuries caused from the car crash.

Here’s what you need to know about filing a lawsuit for whiplash injuries and how a Florida auto accident attorney can help you.

What Is a Whiplash Injury?

The medical terminology for whiplash is cervical acceleration-deceleration (CAD) syndrome. It occurs when an impact causes your head to jerk forward or backward. The hyperextension of your muscles leads to pain and alignment problems with the neck and spine as well as injuries to the surrounding soft tissues in the spine. 

Though whiplash injuries can be downplayed and mocked by the insurance industry or those who have never experienced the condition, it shouldn’t be taken lightly. It can be a permanent injury that can cause a great deal of pain, leading to surgeries and pain management procedures.

What Are Some Whiplash Symptoms?

There are many symptoms of whiplash. The most common is neck pain. You may also experience:

  • Shooting & radiating pain into your shoulder & down your arms
  • Neck stiffness & tightness
  • Loss of grip strength 
  • Muscle spasms 
  • Headaches

Similar to other chronic injuries, whiplash may also lead to psychological symptoms. Victims who deal with constant pain may be prone to anxiety, depression, anger, insomnia, or post-traumatic stress disorder. The combination of psychological and physical symptoms can make the injury even more worrisome.

What Are Some Misconceptions About Whiplash?

Whiplash injuries have been given a negative connotation as soft tissue in nature. However, the most important structures in the body (brain, heart, spinal cord, nerves, lungs, and more) are all made of soft tissue. 

Hard tissues, such as your bones, typically do not require any future medical care once they’re healed. On the other hand, soft tissues—especially spinal discs and those located around the vertebral bodies—have receptors that can cause a significant amount of pain, muscle spasms, inflammation, and irritation. This often results in prolonged future medical care procedures to manage the symptoms.

How Do You Get a Whiplash Diagnosis?

A doctor must diagnose whiplash. The patient will undergo a thorough exam with x-rays, and the physician will execute a range of motion tests to examine pain levels. A whiplash victim must get a medical evaluation immediately after an accident to prove it caused the injury.

What Are the Treatment Options for Whiplash?

Similar to other soft-tissue injuries, whiplash is hard to treat. Once the victim is diagnosed, they may limit movement by wearing a brace around their neck. The device may be worn for a short time, then the victim could begin physical therapy. The goal is to reduce pain and regain movement—slowly. Patients may get painkillers or injections to help with recovery.

What Damages Can I Get for a Whiplash Injury?

Different circumstances and types of compensation are involved with each case. If the defendant was acting illegally or negligently, you may be able to get more money. 

Some of the components of damages Bulluck Law Group recovers for clients are:

  • Medical expenses (including prescriptions)
  • Loss of capacity for enjoyment of life
  • Mental anguish
  • Pain & suffering 
  • Disability & disfigurement 
  • Lost wages & loss of future earning capacity 

Since Florida has no-fault vehicle accident laws, your insurance provider may pay claims for medical expenses through your Personal Injury Protection Benefits.

Should I Settle a Whiplash Claim With an Insurance Company?

Whether you’re working with your insurance provider or another driver’s company, you may get taken advantage of. These companies work to make a profit and save money by awarding as little compensation as possible to claimants.

Even if the insurance provider offers you more than you thought you’d get, it may still be a lower offer than you deserve. With the help of a Florida car accident lawyer, you can receive proper compensation beyond medical bills and property damages. 

If I’m in an Accident & Get Whiplash, What Should I Do?

If you’re in an auto accident, follow these steps:

  • Call the police
  • Help injured victims
  • Take pictures of everything
  • Talk to any witnesses
  • Exchange information with other parties
  • Seek medical attention
  • Call a law office such as Bulluck Law Group

There are also two important things NOT to do: 

  • Don’t admit fault 
  • Don’t say you feel fine

These statements could be used against you in a future claim.

Filing a Whiplash Lawsuit

If you are looking for a Florida personal injury lawyer to represent your whiplash case, we can help.

The personal injury lawyers at Bulluck Law Group have many years of experience in negotiating with insurance companies to receive proper compensation. 

We are also experts in trial law and unflinching in our efforts to represent our clients in the best manner possible.  Contact Bulluck Law Group today to set up your free, no-obligation case evaluation.

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