Proving Your Whiplash Claim In Florida
Whiplash is one of the common car accident injuries. It is a type of soft tissue injury that is mainly associated with rear-end collisions. However, although whiplash is often associated with car accidents, you can suffer such an injury in another type of accident.
A whiplash injury is a type of neck injury. In an accident, when a person’s neck is forcefully and suddenly moved back-and-forth, they could end up suffering a whiplash injury. Such an injury can be extremely painful. When you suffer a whiplash injury, you could end up experiencing health problems that may last for a short or long time, depending on the severity of your injury. Sometimes, the effects of whiplash can last for years or even a lifetime.
A whiplash injury can leave you incurring huge losses and damages. You might end up spending a substantial amount of money on medical bills, especially if your whiplash injury is severe because medical treatment can be expensive. If you develop health problems due to a whiplash injury, you might not be able to work and earn a living. Also, a whiplash injury can affect your ability to enjoy life; thus, leading to loss of enjoyment of life. Fortunately, Florida’s negligence laws allow you to claim compensation from another party after suffering a severe whiplash injury in an accident if your accident was someone else’s fault.
How To Prove Your Whiplash Claim in Florida
Suppose you sustained a severe whiplash injury in a Florida car accident because of someone else’s negligence. In that case, you can file a claim against the at-fault party or their insurance company and obtain compensation. However, before receiving any payment, you’ll need to prove that you sustained your whiplash injury because of the other party’s negligence. Generally, to prove negligence, you’ll need to establish the following four elements.
- Duty of care – This first element is rather easy to establish if you were in a car accident because every Florida motorist owes every other road user a duty of care.
- Breach of duty – To prove breach of duty, you must show the negligent act that the driver committed that led to your accident.
- Causation – Causation generally involves you proving that the other party’s negligent act caused your injury.
- Damages – In the case of a whiplash claim, this element requires you to prove that you suffered a severe whiplash injury and incurred expenses such as medical expenses.
When it comes to whiplash claims, proving damages highly depends on how soon you seek and receive medical treatment after your accident. Thus, if you were involved in an accident and suffered a whiplash injury, it is vital that you seek medical treatment as soon as possible, whether or not you think your whiplash is severe. Also, even if your whiplash symptoms are easy to spot, you need medical records to support your claim.
Contact a Miami Personal Injury Lawyer
If you sustained a severe whiplash injury due to another party’s negligence and are considering filing a claim against the at-fault party, reach out to an experienced personal injury as soon as possible. Our Miami personal injury attorneys at The Pendas Law Firm can help you file and prove your whiplash claim. We can guide you through the process of filing and proving a claim and help you obtain the compensation you deserve. Contact us today for a free consultation.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Jacksonville, Orlando, Daytona Beach, Fort Lauderdale, West Palm Beach, Bradenton, and Fort Myers areas.
Resource:
flsenate.gov/Laws/Statutes/2018/Chapter768/All#:~:text=(1)%20A%20release%20or%20covenant,the%20same%20tort%20or%20death
