Whiplash Injury

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Whiplash results from a forceful back-and-forth motion along the spine.

When the spine reverberates like a whip, significant nerve damage and pain can result.

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How Common Are Whiplash Injuries in Boca Raton?

It can be difficult to isolate data at the municipal or even the county level.

However, data is available nationwide and across the state of Florida to demonstrate how common whiplash can be.

In 2018, the Florida Department of Highway Safety and Motor Vehicles reported nearly half a million car accidents involving over 693,000 drivers. Soft tissue injuries to the muscles, tendons, and ligaments are common injuries after car accidents.

Types of Whiplash Injuries

Whiplash can result from a back-and-forth or a side-to-side motion. Whiplash is not exactly a single injury but can be one of several injuries in related systems in the neck and back.

Whiplash can be the result of:

Nerve injury
Muscle injury
Joint injury
Disc injury

The extremes of flexion and extension that lead to whiplash can even occur in slow-speed car accidents, including rear-end and side-impact collisions under 15 mph.

When the point of flexion and extension is at the brainstem, whiplash can cause brain injuries.

What Are the Signs and Symptoms of Whiplash Injury?

Signs and symptoms of whiplash may be present immediately after an injury and can develop in the days following a trauma.

A person suffering a whiplash injury may experience:

Neck pain and stiffness
Worsening of pain with neck movement
Loss of range of motion in the neck
Headaches, most often starting at the base of the skull
Tenderness or pain in the shoulder, upper back, or arms
Tingling or numbness in the arms
Fatigue
Dizziness

Some people also have:

Blurred vision
Ringing in the ears (tinnitus)
Sleep disturbances
Irritability
Difficulty concentrating
Memory problems
Depression

While this can seem like a broad and unrelated list of symptoms, an experienced clinician will identify the signs of whiplash.

How Can Pre-Existing Conditions Impact Whiplash Risk?

Each person’s recovery with whiplash may be different. This is especially true for those with pre-existing conditions.

You may be at greater risk for worse outcomes following a whiplash injury if you:

Have had whiplash before
Are older in age
Have existing low back or neck pain
Suffered a high-speed injury

If the accident that caused your whiplash aggravates a pre-existing condition, you may be entitled to compensation for the worsening of your pre-existing conditions.

What Are the Long-Term Consequences of Whiplash Injuries?

Unfortunately, whiplash has some nasty long-term consequences.

One of the most significant long-term consequences of whiplash is chronic pain.

A person may be more likely to have chronic pain if their first symptoms were intense, came on rapidly, and included:

Severe neck pain
More-limited range of motion
Pain that spread to the arms

Since chronic pain can significantly impair quality of life and enjoyment of life, whiplash injuries can seriously disrupt an injury victim’s life.

What Causes Whiplash Injuries?

Whiplash injuries have multiple causes.

Some common causes of whiplash injuries include:

Rear-end collisions
Side-impact collisions
Slip-and-fall accidents
Sports contact
Physical abuse or assault
Motorcycle accidents

On rare occasions, a whiplash injury may implicate an incident of medical malpractice.

Is Whiplash a Red Flag For Nursing Home Abuse?

Not necessarily. Whiplash is a soft tissue injury that is also common after slip-and-fall accidents.

In the U.S., about one in four adults over age 65 report falling each year. In 2014, nearly 70,000 Floridians were admitted to hospitals as a result of a fall. Of course, some of these whiplash injuries might be the result of a fall due to nursing home abuse or neglect.

What is My Car Injury Case Worth in Boca Raton, FL?

The value of a case depends on the facts and circumstances of that case. Our knowledgeable personal injury attorneys at the Hollander Law Firm Accident Injury Lawyers can give you greater insight into the value of your case.

However, there are some common factors that influence the value of a personal injury claim, including:

The severity of injuries
The extent to which an injury victim’s life or career is disrupted
The certainty of liability and cost of litigation
Publicity, if any

There may be many more specific circumstances that influence the value of a claim, but these are often present.

How Does the Severity of Injuries Influence a Case’s Worth?

More severe injuries can increase the maximum compensation in two ways.

First, a severe injury is likely going to require more urgent and immediate medical care, such as:

Transportation in an ambulance
Emergency room treatment
ICU admittance
Life-saving medical measures

Many of these precious medical resources are also costly and lead to eye-popping medical bills. Compensation is available for these financial costs.

Second, a severe injury likely increases the value of a pain and suffering component of a claim. Permanent impairments can also increase the maximum available compensation.

Why Does Life Disruption Impact the Value of a Claim?

One purpose of compensation for personal injury damages is to restore a person’s financial and physical health. Compensation is also available for things that cannot be restored.

For this reason, if an injury significantly or permanently changes the course of a person’s life, the compensation awarded is likely to be more significant.

What Does Certainty of Liability and Cost of Litigation Have to Do with the Value of My Case?

At our law firm, we know our cases involve a person whose life has forever changed. Unfortunately, for the insurance companies, your case is simply another business decision.

Insurance companies are more likely to offer higher settlements when it is clear that their insured will bear responsibility, and they will be on the hook for financial liability.

They will also make settlement offers if they know that the law firm representing the injury victim has the financial strength to make them honor their insurance terms.

We have the expertise to develop clear theories of liability and the financial strength to put those strategies into action. Since insurance companies know we put up a fight, they are more likely to negotiate settlements in good faith.

What Compensation Can I Recover for My Whiplash Injuries?

In general, an injury victim can recover the full value of the damages they can prove.

In personal injury cases, compensatory damages are usually at issue. Compensatory damages fall into two categories: economic and non-economic.

What Are Economic Damages?

Economic damages are expenses incurred as a result of your whiplash injury or money lost because of your whiplash injury, including:

Medical expenses
Physical therapy costs
Costs for physical therapy aids and interventions
Lost wages
Loss of earning capacity

Each of these losses has to be tied directly to your whiplash injury. To establish the value of the economic damages, documents such as receipts, invoices, and tax records are used.

What Are Non-Economic Damages?

While economic damages are intended to restore financial losses, non-economic damages make up for intangible losses.

These damages include:

Loss of enjoyment of life
Permanent disability or disfigurement
Mental anguish

One common category of non-economic damages includes pain and suffering, which accounts for embarrassment or humiliation.

How Long Do I Have to File a Whiplash Injury Lawsuit in Florida?

Injured parties have up to four (4) years from the date of injury to file a lawsuit under Florida’s statute of limitations. That is the deadline that applies if you sustained your injury on or before 3/23/2023. But due to a recent change in the law, you’ll only have two years if you sustained your injury after that date. In cases involving wrongful death, a lawsuit must also be filed within two (2) years of the fatality.

While these time periods may seem like plenty of time, a lot must be done before a lawsuit is filed, often involving one or more insurance claims. There are also exceptions that apply in some cases.

The competent and professional West Palm Beach car accident attorneys at the Hollander Law Firm Accident Injury Lawyers will make sure your case is handled in a timely manner. Contact our legal team for help confirming the deadline for your case.

Contact Our Boca Raton Personal Injury Lawyers Today

If you have suffered a whiplash injury in Boca Raton, FL, because of someone else’s negligence, Gregg Hollander and the Boca Raton personal injury lawyers at the Hollander Law Firm Accident Injury Lawyers., can fight to get you the compensation you deserve for your medical bills, lost income, and other damages.

The Hollander Law Firm Accident Injury Lawyers serves Deerfield Beach, Pompano Beach, Fort Lauderdale, and all the areas surrounding Boca Raton, FL. Since 1996, we have been providing quality legal representation to injury victims across South Florida.

Contact our law firm today or call (561) 347-7770 to set up a free consultation regarding your personal injury case.