In Florida, the average settlement payout for a whiplash injury typically ranges from $10,000 to $20,000. However, the exact amount can vary based on the severity of the injury, medical expenses, and other factors specific to each case.
The severity and effects of a whiplash injury can differ, as can the size of settlement payouts. Due to the alternating severity between cases and the fact the full effect of whiplash can take days or weeks to become fully obvious, your settlement can become complex. Because of these layers of complexity, it is best to have experienced personal injury lawyers on your side.
If you have been involved in a car accident that was not your fault and have suffered from whiplash injuries, then you should contact The Law Place. Here at our law firm, our personal injury lawyers boast 75 years of combined experience in dealing with cases such as your own, and many are AVVO 10.0 rated. Our lawyers can be trusted to work through your case with you. We will help to identify and review all damages for your case.
Car accident settlements can be complicated so call us today to organize a free consultation to learn more. Call our office on (941) 444-4444. Phone lines are open 24/7.
What Is a Whiplash Injury?
Whiplash is a type of neck injury that is caused by a sudden forward and backward movement of the head and neck. This causes the cervical spine to experience rapid motions and extreme stress. It is a common occurrence in most car accidents, specifically rear-end car accidents. A whiplash injury is medically recognized as cervical acceleration-deceleration (CAD) syndrome. The symptoms of a whiplash injury can last for as long as three months. While a sore neck is the most obvious symptom of whiplash, other less obvious symptoms include:
- Stiffness in the neck area, causing limited movement of the neck.
- Limited movement in the shoulder area.
- Back pain.
- Jaw pain.
- Tinnitus commonly involves car accident victims hearing ringing in their ears.
- Issues with sleeping.
- Nausea.
- Headaches, commonly in the base of the neck or back of the skull.
- Dizziness.
- Emotional stress can be caused by related symptoms.
- Traumatic brain injuries caused by the violent motion associated with whiplash.
Our lawyers can recognize how serious neck injuries, such as whiplash, can be and we recommend seeking medical attention as soon as possible if you haven’t already. Our attorneys will be able to reimburse any medical bills you face in the form of a car accident settlement.
How Long Do Whiplash Injuries Last?
A car accident will often result in those involved suffering from whiplash. Neck pain is one of the most common symptoms of whiplash, and the majority of people report this pain subsiding within a few days, a couple of weeks at most. However, this is not the case for all, and between 12-50% of car accident victims who experience neck or back pain report this still being an issue for as long as a year after the accident.
As with most injuries, your recovery time will depend heavily on the severity of your auto accident and the injuries that follow. Those who report severe pain immediately after their car accident often experience this pain for much longer than those who do not. Additionally, those who have existing neurological symptoms (or experience this after their auto accident) are likely to experience whiplash-related symptoms for a lot longer than those who don’t.
We’re here to serve you. Our phones are open 24 hours a day. How Is a Whiplash Injury Treated?
Following the diagnosis of a whiplash injury, your doctor will provide you with a detailed treatment plan. This is likely to combine both physical therapy and medicine (such as painkillers). Your medical professional may prescribe medicines including muscle relaxers, anti-inflammatory medication, opioid painkillers, or steroid injections. What medication you receive will depend on how much pain you’re in and the severity of your injuries.
Your treatment plan may also include some specific home remedies, the aim being to treat your injuries without too much medication. These remedies can include home exercises, specific ways to sleep to help ease your neck, hot and/or cold packs. These will work together with any medical prescriptions to help decrease your recovery time.
We’re Florida’s top litigation team with over 75 years of combined experience What Factors Determine My Whiplash Injury Settlement?
- Legal Liability – You will have to contact your insurance company as soon as possible if you wish to file a claim against somebody. Your insurer will want to see any police reports, photos of the scene, witness accounts, and medical records to determine the at-fault party. Being able to successfully prove liability is essential in this type of lawsuit. Alternatively, your Personal Injury Protection claim will not consider liability, as you are owed this regardless of who was at fault.
- The Severity of Injuries – As with any personal injury settlement, your payout will depend heavily on how severe your injuries are believed to be. Several factors will help determine their severity. Lawyers from a personal injury law firm (such as The Law Place) will be able to help you identify and prove the existence of serious injuries. This will also include any psychological injuries, such as depression, anxiety, or insomnia that resulted from your personal injuries or the accident itself.
- Medical Bills – Your insurer will evaluate your symptoms and how much you spent or will spend in order to recover from your injuries. For instance, if you only required a short trip to the emergency room, then they may not deem your injuries severe enough. However, if you had to see specialists and had multiple visits to professionals, then this may increase your car accident settlement.
- Any Lost Wages – Your lost wages will be a significant factor when determining your whiplash settlement. Any lost wages, as well as any future lost wages, are an easy way of providing evidence of the financial costs your injuries caused. It can also help prove non-economic costs as it will highlight the potential for any emotional distress caused by financial uncertainty following your accident.
From the initial call to updates on your case status, we are here to get you answers. How Is My Whiplash Injury Settlement Calculated?
Your insurance company will calculate any upfront costs caused by your injuries quite easily. For example, if you were charged $5,000 in medical bills and lost $2,500 in lost wages, then you would be owed $7,500 in damages. However, an average car accident settlement should also cover any potential future losses and expenses. Some insurance companies often fail to account for the long-term impact of a serious injury when they provide you with a car accident settlement offer. If this is the case, you may have to seek the aid of a personal injury lawyer to ensure you receive a fair settlement that accounts for all of your losses.
In regards to pain and suffering compensation, your insurance adjuster will typically adopt the pain and suffering multiplier method to work out these damages. This will involve the insurance company taking the amount of money spent on emergency room visits, treatment, therapy, and rehab; this is used as the basis for assigning your pain and suffering damages a specific monetary amount. Following this, they will multiply that figure by a factor ranging from 1-5. Your insurance adjusters evaluate your case and choose a figure based on the severity of what you have experienced. Some will instead use a per diem method, which involves multiplying a specific daily rate by the number of days you were suffering.
However, whiplash injury settlements can be impacted by the fact most insurance adjusters do not recognize whiplash as a severe injury. This means they are likely to use the lower end of the multiplier for your whiplash settlement. A personal injury attorney from The Law Place will be able to work with you so that your case clearly lays out any suffering you have endured in order to receive a fair whiplash settlement.
What Is Included in a Standard Whiplash Injury Claim?
Following a car accident, it is likely that whiplash injury victims will file a claim in order to receive compensation for their personal injuries; this is often encapsulated within a car accident settlement. The average car accident settlement will include the following common damages:
- Medical Bills – After any car accident, it is likely that those involved will have to seek medical attention. However, treatment will come at a cost, and for some, this can be extremely expensive! Any medical bills (including treatment, physio, and any future medical expenses) can be accounted for in an average car accident settlement. It is advisable to keep any bills (e.g., prescription or ambulance costs) and a journal documenting your recovery as evidence for this.
- Lost Wages – If you sustained serious injuries or experienced mental pain and suffering that meant you could not go to work, then any wages lost from this period can be accounted for in your auto accident settlement. Similarly, if you cannot return to work, then you could claim for a loss of earning potential.
- Pain and Suffering – Pain and suffering compensation is a complex form of non-economic damages. It aims to compensate for any mental or physical suffering resulting from your car accident, as well as any loss of enjoyment in life. Loss of enjoyment accounts for any activities you can now no longer do because of your accident (e.g., you cannot be a part of your weekly soccer team because of your injury). Pain and suffering compensation can be difficult to both calculate and prove, so it is best to have personal injury attorneys working for you to do this on your behalf.
- Property Damage – Your whiplash is not the only thing that can be compensated for following a car accident. You can also claim for physical losses such as property damage. Any repair or replacement costs you encountered can be factored into your auto accident settlement.
What if I’m Offered an Early Settlement for My Whiplash Injuries?
It is not uncommon for your insurance company to send through an early settlement following your car accident. We realize that the upfront cash could be very tempting, but it is vital that you do not come to any agreements until you know the full extent of your injuries and the true impact of your car accident. With many whiplash injuries, the full effect does not manifest until a few days or weeks after the car accident. If you have already accepted a settlement value prematurely, then you will not be able to file another claim or a lawsuit to seek more compensation.
Initial car accident settlements sent by insurance companies are often not entirely fair and will not reflect the pain and suffering you have endured. Your whiplash injury could bring about effects that result in large medical bills or a missing income. Insurance companies aim to preserve their own profits, so they tend to offer lower car accident settlements.
A car accident lawyer will be able to accurately evaluate your damages and calculate a fair compensation request. This will ensure you get the amount you are rightfully owed. Our lawyers at The Law Place will be able to negotiate with the relevant insurance companies on your behalf and argue the value we believe you are owed. Contact us today to schedule a free case evaluation, to learn more about your personal injury case, and to find out how we can recover your compensation.
Will No-Fault Insurance Affect My Claim?
Florida Statute 627.7407 explains the no-fault system used in Florida law. The no-fault system means that if you have been involved in a car accident and sustained a whiplash injury in Florida, then all drivers involved will have to rely on their respective insurance coverage if they wish to make a claim. This is regardless of who is actually proven to be at fault. So that these claims can be covered, all Florida drivers are required to have Personal Injury Protection (PIP) Insurance within their own car insurance policy.
PIP insurance should be able to cover an average settlement, i.e., medical expenses, lost wages, and any other expenses that occurred as a result of your accident. PIP insurance will, however, have a limit to what it can cover. If your desired car accident settlement can’t be completely covered by your PIP insurance, then you may wish to file a lawsuit against the at-fault driver so that this cost can be accounted for. If you do decide to do this, it is best to have a lawyer on hand to help, as the process for filing a lawsuit can be difficult.
Is There a Time Limit on My Florida Car Accident Settlement?
Yes! If you have sustained a whiplash injury in a car accident, then it is extremely important that you act quickly. This includes hiring a lawyer as soon as possible. Florida law places a strict statute of limitations on personal injury cases, as per Florida Statute 95.11. This statute means that you will have four years from the date of your car accident to file a whiplash injury claim. If these four years pass, then your case will be permanently barred. This means that you will be unable to receive any compensation for the injuries sustained and financial losses. If you have sadly lost a loved one in a car crash, then the statute of limitations on filing a wrongful death lawsuit is reduced to two years from the date of their passing.
Additionally, your insurance claim could also be affected by whether or not you sought medical attention. Florida Statute 627.736 states that you must seek medical treatment within two weeks of your car accident. Whiplash injuries do not commonly leave physically visible signs, so it is best to have a doctor look you over to diagnose this. Furthermore, an insurance company can use a failure to seek medical attention against you, as it can be used as evidence for your injuries not being serious enough for compensation.
If you have been involved in a car crash caused by a negligent driver, then it is best to contact The Law Place as soon as possible. In your free consultation, we will be able to provide you with the necessary legal advice regarding deadlines for insurance claims.
What Is the Average Settlement Payout for Whiplash Injury in Florida? FAQ
How long does a personal injury claim take to settle?
The amount of time a whiplash claim takes to settle depends on many factors such as how willing the party is to negotiate, the severity of the injuries, and how clear liability is. A straightforward case could be over in a few months while more complex cases could take years.
What is a fair settlement for whiplash injuries?
Fair whiplash injury compensation depends on the individual details of each case. Your attorney will review your damages and determine what a fair settlement is in your case.
What is a typical car accident settlement?
A typical car accident settlement can vary widely, but it generally ranges from $15,000 to $30,000. However, if the accident was severe then settlements can be a lot more.
Will I have to go to court?
Most whiplash claims are settled outside of the courtroom. A personal injury lawsuit is only necessary if the other party is unwilling to offer a fair settlement or if liability is unclear. Court cases are time-consuming and expensive so it is usually in both parties’ best interests to settle at the negotiation table.
What should I do if I am left with chronic pain from my whiplash injuries?
If you are suffering from chronic pain then it is important that this is reflected in your settlement. You should keep a detailed diary of your levels of pain and how they are affecting your daily life. Your attorney will be able to use this as evidence for your pain and suffering damages.
Do I need legal representation to pursue a whiplash claim?
Although you have a right to pursue compensation without the help of an attorney, it is not recommended. Insurance adjusters will fight to save their companies money – which means paying you as little as possible. These negotiations can be incredibly stressful, especially when you are dealing with injuries. Thanks to the experience and knowledge that an attorney offers they will be able to fight for a fair settlement, while you focus on your recovery.
How much does it cost to hire a Florida personal injury attorney?
At The Law Place, we work on a no-win, no-fee basis. That means that representation costs you nothing upfront. When you contact us for a free consultation we will determine a percentage that we will take if your claim is successful. If it does not succeed, then you will not owe us anything.
Will future medical bills be included in my whiplash settlement?
Future medical expenses are often an area of contention. However, an experienced attorney will understand how to evidence your future losses including medical expenses and lost wages. They may draw upon expert testimony to strengthen your claim.
What sets The Law Place apart from other law firms?
At The Law Place, we will review your case as a team so that you can benefit from our combined knowledge and experience. At the same time, we will assign an attorney to your case who will become your advocate. They will be dedicated to your case and will be there to answer any questions you may have. We are committed to recovering maximum compensation for accident victims.
Can I claim for emotional distress caused by my whiplash injury?
Whiplash can be incredibly painful nd has a huge effect on your ability to do things that you did before your injury. Therefore emotional distress is an important factor that should be considered in your settlement. An experienced attorney will understand how to evaluate your level of emotional distress and how to put a monetary value on it.
What should I do immediately after sustaining a whiplash injury in a car accident?
After a car accident, you should first prioritize your safety and the safety of those around you. You should then report the accident to the police and gather information from the other driver such as license and insurance information – if you can take photos of the scene. It is essential that you seek medical treatment as soon as possible, often symptoms of whiplash don’t appear right away and you could worsen your condition. Quick medical treatment is also beneficial to your claim as it clearly establishes a correlation between the accident and your injuries.
How long do I have to file a whiplash claim in Florida?
As of 2023, you now have just two years to file a whiplash claim in Florida. This has been reduced from the previous four years. This highlights the importance of seeking legal representation as soon as possible.
What if the insurance company denies my whiplash claim?
If the insurance company denies your claim, then an experienced personal injury lawyer will help you to appeal the decision. They will look to strengthen your claim with evidence and will be prepared to represent you in court if necessary.
What kind of documentation will strengthen my whiplash injury claim?
Strong evidence in a whiplash claim could include medical records, accident reports, photos of the accident scene, witness statements, and a personal diary detailing your pain and its impact on your daily life.
Can I claim compensation if my whiplash injury was caused by a low-speed collision?
Yes, regardless of the speed the vehicles were driving, if your injuries were caused by someone else’s negligence, then you should still be owed compensation.
What role does a medical expert play in a whiplash claim?
Your attorney may draw upon testimony from a medical expert to strengthen your claim. They will establish the extent of your injuries and the long-term impact on your health.
Is it possible to reopen a whiplash injury claim if I develop complications later on?
Although it is difficult to reopen a whiplash injury claim, there may still be options available to you. The best thing you can do is contact The Law Place for a free consultation so an experienced attorney can advise you based on the specific details of your case.
Contact a Personal Injury Lawyer at The Law Place Today!
If you or somebody you know has been involved in a car accident that wasn’t their fault, and this has resulted in a whiplash injury, then contact The Law Place today! Our car accident attorneys have 75 years of combined experience in dealing with claims such as your own, so they have more than enough knowledge to help you get the justice you deserve.
Contact us today to schedule your own free case evaluation to learn more about what we can do for you. Call our office at (941) 444-4444. Phone lines are open 24/7.
