Whiplash
After an accident, you may not know the full extent of your injuries until the following days, as symptoms and pain progress. Whiplash can occur without symptoms for hours, days, or weeks after you’ve been in a car or other type of accident, and can lead to long-term medical issues that need treatment. The experienced spinal injury attorneys at the Law Offices of Robert Dixon represent clients in Miami who have sustained back and neck injuries in an accident, making sure they receive the compensation they deserve from responsible parties. We represent residents of Miami-Dade, Broward, and Palm Beach Counties, helping them pursue appropriate legal action against those who should be held liable. If you have suffered whiplash due to another’s careless conduct, contact our office today to set up a free consultation about your case.
What is Whiplash?Whiplash is injury to the neck that is most often caused by a swift and powerful motion, the force of which causes an individual’s neck to move sideways, front and back. This motion causes injury to the neck’s ligaments and tendons, resulting in significant pain. Car accidents, notably rear-end crashes, are the most common cause of whiplash. Symptoms of whiplash include neck pain or stiffness, shoulder or back pain, as well as headaches and difficulty seeing or hearing. These symptoms are not always experienced right away and may take hours to present, often worsening in the days following an accident. Although whiplash can be quite common after car crashes, the severity of harm in each case differs. Injuries associated with whiplash can include mild muscle strains as well as fractures or nerve damage. Long-term symptoms of chronic head pain and dizziness may also result.
Liability for Whiplash InjuriesWhiplash is often an injury resulting from motor vehicle accidents, such as motorcycle collisions, car, or truck crashes. If you have sustained whiplash injuries due to another person’s carelessness, you may be entitled to damages in a personal injury suit. To recover compensation, you must show that someone else was negligent in causing the accident, and thus, your injuries. To prove negligence in this context, a plaintiff must establish:
- They were owed a duty of care by a defendant;
- That duty was breached by the defendant’s actions;
- That breach caused the victim’s whiplash; and
- Damages resulted.
Motorists have a duty to all other drivers to act as a reasonable person would under similar circumstances. Therefore, for instance, if you were involved in a rear-end collision whereby the person behind you was following very closely at a high speed, he or she could be found negligent for the injuries that result. If you are also responsible for an accident, by for example, stopping short at a light, you still may be entitled to damages. Florida adheres to a ‘pure comparative fault’ rule for liability. Under this standard, a victim is entitled to damages proportionate to his or her amount of fault. Therefore, even if you are 70 percent liable for an accident, you can still recover 30 percent of the available damages from a defendant.
Accident Lawyers Serving MiamiThe lawyers at the Law Offices of Robert Dixon represent Miami victims of car accidents, truck crashes, slip and falls, and other cases of negligent conduct. We are dedicated to making sure you pursue the proper financial support for your injuries while you focus on recovering. If you’ve been injured, call 877.499.4878 or contact us online for a free, no obligation consultation about your case.