Whiplash is a kind of neck injury often associated with car accidents. It happens when a strong impact makes your head jerk back and forth with a sudden force, straining the muscles and tendons in your neck. While you can typically recover from whiplash after a few weeks with proper treatment, it is also possible to suffer from its side effects for months or years after the incident.
If you suffered from whiplash after a car accident in Orlando, it is possible to have your medical expenses covered by the at-fault party. You could even have the responsible driver compensate you for the damage they caused.
You can consult with the office of Ben Crump Law, PLLC, at (800) 598-7557 to get started. The team has an Orlando whiplash accident lawyer who may be able to assist you in the legal processes involved after the collision.
Compensation Options After Your Whiplash Accident
Due to Florida’s no-fault auto insurance laws, as outlined in Florida Statute § 627.7407, your only initial option for getting your whiplash treatment costs covered is your personal injury protection or PIP insurance. You cannot immediately file a claim with the other driver’s insurer even if the whiplash accident attorney found sufficient evidence to prove their liability. Do note that your PIP will only help cover the financial cost of your whiplash, including hospitalizations and prescription drugs. It will not include non-economic losses such as physical suffering and emotional trauma.
For a free legal consultation with a whiplash injury lawyer serving Orlando, call (800) 598-7557
Qualifying for Third-Party Claims and Accident Lawsuits
To be compensated for non-monetary losses, your whiplash injury has to be severe enough to significantly limit your capability to move and function normally in your everyday life. If your whiplash injury qualifies, you can file a third-party insurance claim against the other motorist. It will also help cover other injury-related costs that your PIP did not. However, not all motorists carry injury liability insurance. It is not required for private vehicles that do not provide transportation services, such as taxis and rideshares.
Fortunately, Florida has financial responsibility laws that require drivers to show that they are still financially capable of covering injury expenses if they cause accidents. One way to have them pay is with an accident lawsuit wherein the civil court will decide the amount you should receive.
An Orlando whiplash accident lawyer can guide you on the appropriate course of action in your situation. They may be able to assist in filing your claim or lawsuit and gather documents to prove your injury and the expenses it accumulated. Your lawyer will understand Orlando and Florida traffic laws and may be able to help determine if the other driver committed violations, proving their negligence. The attorney can also act as your legal representative in front of insurance companies, the civil court, or in settlements with the other driver.
You can consult with the office of Ben Crump Law, PLLC, by calling or leaving a message on this website.
Orlando Whiplash Injury Lawyer Near Me (800) 598-7557
Laws That Affect Total Recoverable Damages
It is best to ensure that you and your Orlando whiplash accident lawyer have gathered as much evidence of the other party’s liability as possible. Winning the case does not guarantee that you will get the full amount of compensation you deserve. This is due to Florida’s fault rules and damage cap laws, which respectively reduce and limit how much you can receive.
The Comparative Negligence Rule
Under Florida Statute § 768.81, your receivable awards depend on whether the jury finds you partly responsible for the accident that caused the whiplash injury. Let us say that the court deems you 20 percent liable for not evading the driver even when you clearly could. As a result, only 80 percent of your total will be awarded to you.
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Punitive Damages Caps
If the court finds the liable driver’s actions to be excessively negligent or done purposefully, it may order them to pay punitive damages as extra punishment. However, the state has a damage cap on this type of compensation, as described in Florida Statute § 768.73. In most cases, you may only receive up to three times your monetary losses. Other cases also have the limit set to $500,000.
Time Limit for Filing Whiplash Cases in Orlando
According to Florida Statute § 95.11, whiplash accident cases in Orlando follow the same statute of limitations for all road collision suits in Florida, which is four years. Following this requirement is crucial, as the court dismisses cases that miss the deadline.
If the liable driver committed a crime resulting in the accident, there is no need to wait for the district attorney to file charges before filing your civil case. The state holds them in separate courts. However, you could use the evidence from the criminal case for your civil suit. You can work with an Orlando whiplash accident lawyer on determining your deadline. They may also help ensure that you can submit the case within the given time frame.
Get Assistance with Your Case
Whiplash may be expensive to treat, but taking legal action will help you find restitution for your car accident injuries in Orlando. The legal team at Ben Crump Law, PLLC, can assign you an Orlando whiplash accident lawyer who may assist in forming your case, negotiating with insurance providers, or presenting your arguments in court. Our team will fight to get the justice that you and your loved ones may be entitled to.
Our law firm handles civil cases in the Orlando, Florida area. Besides auto accidents, we also work with clients on medical malpractice, negligent security, and civil rights violations. For inquiries regarding our attorney services, you may call (800) 598-7557.