After a crash, you may wonder, “Can I sue for moderate whiplash from a car accident?” The answer is yes, if the accident was caused by negligence. If another driver, a mechanical failure, or any other person or entity’s negligence caused your accident, they can be held liable for all the costs of diagnosing, treating, and recovering from your whiplash injury. You can also recover damages for your pain and suffering and lost wages.
By proving the negligence that led to your injuries, you can file an insurance claim or lawsuit. You need to understand how, where, and when to file and how to assess and document your potential compensation. Our car accident lawyer can help you recover damages on a contingency-fee basis.
How to File a Whiplash Claim for a Car Accident
Personal injury protection (PIP) coverage from your own insurance policy can cover many of the costs of your car accident. If it does not cover all your costs or your injury is deemed serious, you can file an insurance claim or lawsuit for additional compensation. Follow these steps to do so:
- Collect any evidence that proves the at-fault driver’s negligence
- Obtain contact details for any witnesses who came forward
- Obtain a copy of your police report and any attachments (or have our local car accident attorneys obtain it for you from, say, the Florida Highway Patrol)
- File a claim with the at-fault driver’s insurance company
- File your lawsuit on time and with the appropriate court
Negotiating a Whiplash Settlement Takes Time
Most car accident claims are settled out of court, so be prepared to negotiate with the insurance company. The negotiation process can involve:
- Making a settlement demand
- Receiving an initial offer
- Making counteroffers as needed
This process might be repeated multiple times before a settlement agreement can be reached. If one cannot be reached at all, you may need to proceed to court. Our car accident whiplash lawyer can represent you.
You Have a Limited Time to Sue the At-Fault Driver for a Car Accident
Suing for whiplash injuries means filing your car accident lawsuit on time. Your deadline depends on where you live. In Florida, for instance, Florida Statutes § 95.11 sets the deadline at two years. Factors specific to your case can make the filing deadline harder to interpret and comply with. If you misinterpret or otherwise fail to file your lawsuit within the allotted time:
- You could be barred from filing your lawsuit at all
- Your lawsuit could be immediately dismissed
The at-fault driver’s insurance company will monitor the statute of limitations. If it expires, they will stop all negotiations, and the financial burden of the accident will fall to you.
You Can Sue the At-Fault Driver for Your Whiplash-Related Medical Expenses
Available compensation varies by state, but certain damages are more common than others. According to Florida Statutes § 768.81, for example, compensation directly related to treating and recovering from your injury can include your medical expenses. This includes costs for all past, current, and future medical care, including:
- EMT fees
- Ambulance fees
- Emergency room fees
- In-home medical support
- Treatment-relate travel
It is important for you to get—and keep getting—all the medical and therapeutic care prescribed to you. Not doing so could compromise your physical and financial recovery.
Additional Monetary Damages You Can Recover From a Car Accident
The average whiplash injury compensation includes more than medical bills. It also includes compensation for related financial expenses and losses. Additional economic damages can include:
- Past and future lost wages
- Property damage or loss
- Diminished property value
Non-economic Damages for Your Whiplash Injury
You can also recover non-economic damages. These are intangible and can be hard to measure and document without help from our personal injury lawyers. They can include:
- Disability and disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
Proving You Deserve Car Accident Damages
The answer to the question, “Can I sue for moderate whiplash from a car accident?” is yes, but only with proper evidence. We can collect most of this for you, but you can help strengthen your case.
In addition to tracking your treatments, track their costs. Collect medical records, bills, and a written prognosis. The prognosis will prove the costs of care you could require after your claim is settled. Not tracking them could leave you with unpaid medical expenses at the end of your case.
Collect Evidence That Documents the Extent of Your Whiplash Injury
To sue for compensation, you must prove you incurred financial damages because of your injury. Your medical records can be used to prove your whiplash injury was caused by the car accident. This can include:
- Proof of your diagnosis (imaging and laboratory test results)
- Doctor’s notes advising you on when to safely return to work
- Your own written statement describing the accident’s toll
- Financial records detailing the amount of your lost income
Keep these records and other evidence that proves the financial consequences of the accident.
What Is Whiplash?
Whiplash is caused by the forceful back-and-forth jerking of your neck in a traumatic manner. It can occur in varying degrees of severity, with Cleveland Clinic research citing car crashes as a leading cause of whiplash injuries. Treatment can include:
- Immobilization
- Medication
- Physical therapy
- TENS therapy
- Spine surgery
Documents like those listed above can prove that you were diagnosed with a whiplash injury and require treatments like these.
Collect Evidence That the At-Fault Driver’s Negligence Caused Your Car Accident
The at-fault driver’s negligence is the defining factor when you sue for whiplash after car accident. The evidence you collect must prove the elements of negligence, which are:
- Duty of care
- Breach of duty
- Causation
- Damages
How to Establish That the Collision Was Not Your Fault
This portion of your evidence claim can include:
- Official police reports
- Photos and videos
- Witness statements
- Expert testimonials
- First responder reports
- Accident reconstruction
- Tow company records
Your case file will prove the sequence of events leading up to the accident and its aftermath. The accumulated evidence can help you avoid going to court by proving the at-fault driver’s negligence caused the accident.
Get Legal Support for Your Whiplash Car Accident Claim
If you or a loved one was diagnosed with whiplash after a car accident, it is natural to wonder, “Can I sue for moderate whiplash from a car accident?” You can do so with guidance and direction from our car accident lawyers. We can guide you through each step of the process and fight for the best possible financial compensation.
Find out how hard the Law Offices of Wolf & Pravato will go to bat for you. Call our consultation team at (954) 633-8270 to get started today.
