If you have been in an accident and are experiencing neck or back pain or stiffness, you may be suffering from whiplash. Whiplash is a common and often debilitating injury that can impact your quality of life.
In Florida, you may be entitled to significant compensation if your accident was caused by someone else. A seasoned personal injury lawyer from Neufeld & Kleinberg, PA can fight for the justice you deserve on your behalf.
Florida’s Top Personal Injury Firm
As Florida’s premier choice for personal injury law, Neufeld & Kleinberg, PA has earned a reputation for excellence through decades of combined experience recovering substantial compensation for injured clients.
If you are in pain and facing overwhelming financial consequences from whiplash, we can vigorously pursue every category of compensation you deserve.
Aggressive Advocacy
When you come to us for help, we become aggressive advocates for your compensation claim. Our team employs every appropriate strategy to get you the payout that corresponds with the losses you have endured.
Compensation for Your Whiplash Injury
Whiplash injuries can lead to a range of medical conditions, many of which interrupt the normal flow of daily life. In some cases, whiplash exacerbates pre-existing conditions and leads to total or nearly total debilitation.
Because whiplash is often caused by car accidents, accidents at work, or other scenarios involving the negligence of others, you may be able to recover compensation under Florida law. Who exactly pays depends on the context of the accident.
Traffic Accidents
Traffic accidents are a primary cause of whiplash. Recent research puts the number of traffic-crash-related whiplash injuries around 1.2 million.
Since Florida is a no-fault automobile state, personal injury protection (PIP) insurance is typically the first line of compensation in traffic cases. If you have whiplash from a car accident, you are required to seek compensation from your PIP insurance company.
PIP compensation is limited to:
- 80% of medical treatment costs
- 60% of lost wages up to $10,000
- Up to $5,000 as a death benefit
There is an exception to these limitations, however. If your whiplash injury meets the serious-injury threshold, you will also be entitled to sue the at-fault party for more compensation than is allowed with PIP insurance claims.
In this case, you may file a claim against the responsible party’s liability insurance policy for full compensation, which includes:
- Full medical coverage
- Full lost wages
- Pain and suffering
- Loss of enjoyment of life
- Disability
What is defined as a serious injury in Florida? In Florida, a serious injury causes permanent loss of bodily functions, scarring and disfigurement, or permanent injury. Death also counts as a serious injury.
Slip and Fall Accidents
Slip and fall accidents involve more than slippery surfaces. Any accident involving a fall on someone else’s property is typically categorized as a slip and fall. Because falls involve sudden whipping and twisting motions, many victims of these accidents suffer whiplash.
Negligent property owners can be held liable for dangerous conditions that lead to whiplash injuries, including unattended spills at commercial establishments, unshoveled snow, and broken stairs.
Sports Injuries
The rapid impact and deceleration involved in sports like football, rugby, and gymnastics can easily cause whiplash. In many cases, defective sports and safety equipment are to blame. In others, coaches and leaders go too far with players or fail to take action when whiplash or other injuries may be present.
Accidents at Work
If you experience a whiplash injury at work, you can potentially seek workers’ comp benefits. However, like PIP, workers’ comp is limited. With that being said, if you have a third-party claim, you can seek full compensation. A third-party claim exists when a party who is not a member of the workplace causes a worker to be injured.
How Can a Lawyer Help Me?
Through strategies tailored to your unique case, a personal injury attorney can fight to achieve the justice you deserve while you focus on recovering. We work closely with experts in the medical industry to determine your current and future medical damages.
We also consult with financial experts to calculate the impact of your whiplash injury on your future earning capabilities.
How Long Do I Have to Sue for a Whiplash Injury?
In Florida, you have two years to sue an at-fault party for a whiplash injury. An at-fault party is one who causes an injury through an unlawful or negligent act. You also have two years to file a workers’ comp claim. For PIP claims, you should report the accident to the insurance company as soon as possible after the accident.
How Much Can I Get for a Whiplash Injury Claim?
Your compensation total will be based on the seriousness of your injuries, the insurance available, and the skill and experience of your personal injury attorney. At Neufeld & Kleinberg, PA, we seek the highest payout available for our clients.
Meet With an Experienced Personal Injury Lawyer Today!
At Neufeld & Kleinberg, PA we understand the seriousness of whiplash injuries and know how much our clients need to be properly compensated. We don’t settle for low-ball insurance company settlement offers and will fight for you in court if necessary.
For a free consultation with a dedicated personal injury lawyer, contact us today.