Can You Sue for a Whiplash Injury?

You can sue for a whiplash injury if it was caused by someone else’s negligence. That person can be held accountable for all the costs of your medical treatment and recovery. With a personal injury lawsuit, you can request compensation for your medical bills, lost wages, pain and suffering, and more.

Miami personal injury lawyers typically accept cases like yours on a contingency fee basis, meaning you incur no upfront expenses. It also means you can start pursuing damages right away.

A lawyer can help you establish the at-fault party’s negligence and file your lawsuit within the allotted time. They can also help you maximize your financial recovery and negotiate for a fair settlement with the insurance company.

What Types of Negligence-Based Accidents Can Cause Whiplash?

Mayo Clinic research cites rear-end accidents as a leading cause of whiplash. Other types of car accidents that might result in this specific type of neck injury include:

• Head-On Collisions
• Rollover Accidents 
• Side-Impact Collisions

Car accidents are a leading, but not the only, type of negligence-based accident that can cause whiplash. A slip and fall, dog bite or attack, or any other accident that causes your neck to repeatedly and forcefully whip and snap back and forth could also cause whiplash. It is a serious injury that can result in significant medical expenses during your recovery. 

Who Can You Sue for Financial Compensation?

You can sue any person or entity whose actions led to your accident and resulting injury. To do so, you must prove the following legal elements of negligence:

• Duty: You were owed a legal duty of care
• Breach: A person or entity breached their legal duty
• Causation: Their breach caused your accident and injury
• Damages: The whiplash injury resulted in financial harm

You can prove these elements with a hearty collection of evidence that starts right at the accident scene. The kind of evidence you need for your whiplash injury claim can include:

• Official reports related to your accident: Police, fire, medical first responder, animal control, accident reconstruction, etc.
• Records related to your physical recovery: Medical records, physical therapy records, rehabilitation records, prescriptions, etc.
• Bills that prove the accident’s financial impact: Medical, rehab, and therapy bills, property repair bills, property replacement estimates, proof of income, etc.
• Statements and testimonials: Eyewitness recollections, medical specialist observations, financial and other expert testimonials, etc.

A lawyer in your area can help you compile evidence and build a strong case file. It will be used to negotiate the best possible financial recovery for you and your family.

What Types of Damages Can Whiplash Victims Recover?

The costs of a whiplash injury start with obtaining a definitive diagnosis and will continue until you recover. Do not stop getting medical care until you are released by your physician. All the medical costs you incur can be recovered from the person or entity whose negligence caused your injury.

Medical treatment costs for a whiplash injury can include:

• Neck support braces
• Physical therapy
• Imaging exams
• Hospital admission

In addition to past and future medical bills, you can also request compensation for the following economic and non-economic damages:

• Past and future lost wages
• Loss of future earning capacity
• Property damage or destruction
• Impairment and disfigurement
• Physical pain and suffering
• Mental and emotional distress
• Loss of enjoyment of life

Track your medical expenses and obtain medical records and bills from every medical professional and facility where you were treated. Additional evidence that can substantiate your compensation request can include property repair bills and estimates and proof of income.

How Long do You Have to File a Whiplash Claim?

You generally have two years from the date of the accident to file your personal injury lawsuit for whiplash injuries, according to Florida Statutes § 95.11. If you miss the filing deadline for any reason—a misinterpretation, misunderstanding, or overlooked fluctuation—you could face the following consequences:

• The court may refuse to allow you to file your lawsuit
• Your lawsuit can be dismissed without being heard
• The insurance company could refuse to negotiate with you

Any of these outcomes will mean you cannot recover damages from the at-fault party. If that happens, the financial toll of the accident will fall on you and your family. A lawyer can help you avoid these consequences by filing your lawsuit within the allotted time. 

Is it Worth Hiring a Lawyer to Sue for a Whiplash Injury?

Hiring a lawyer to represent you means you can focus on getting better while having the peace of mind that comes with knowing your case meets all the required legal parameters. To bolster and support your case, your lawyer will:

• Assess your recoverable damages
• Take on the insurance company
• Manage all paperwork and forms
• Respond to a low settlement offer
• Negotiate for maximum compensation

A lawyer can also provide you with ongoing updates on the progress of your case. This includes updates throughout the negotiation process, which can include back-and-forth offers.

How Much does a Personal Injury Lawyer Cost?

A personal injury lawyer does not cost you anything out of your own pocket. Instead, they will receive a percentage of your recovered damages as compensation. The law firm will pay for any and all:

• Investigation expenses
• Documents and other evidence
• Deposition and discovery costs

If you do not win a settlement or verdict, you will not owe the law firm or attorney any fees at all. This beneficial fee structure can also mean you can avoid a potentially costly delay in filing your lawsuit.

Discuss Your Accident and Whiplash Injury with Our Law Firm Today

If you or someone you love was injured due to negligence, you can sue for whiplash and any other injuries you sustained. At Chalik & Chalik Injury Lawyers, we can help you build a strong collection of evidence and pursue favorable financial compensation from the negligent party.

Find out what your injury claim is worth and how hard we will fight to get you the compensation you deserve. Contact our legal team to get a free review of your case today.