Whiplash in Car Accident Cases

Whiplash is one of the most common injuries that result from a car accident. Although some people may consider it minor, whiplash not only is extremely painful but also can significantly interfere with a victim’s daily life, as well as sometimes leading to more permanent impairments. Additionally, symptoms of whiplash may not be apparent right away. They can take days to manifest, whereby treatment is delayed. When a motorist’s negligence has led to a whiplash injury, he or she should be held accountable. The Miami car accident lawyers at the Law Offices of Robert Dixon represent people who have suffered whiplash in car accident cases. Our firm offers dedicated legal guidance to clients throughout Miami-Dade, Broward, and Palm Beach Counties, and across South Florida.

Whiplash occurs when a fast and powerful motion causes a victim’s neck to shift quickly front and back. The motion results in straining the neck’s ligaments and tendons. Symptoms of whiplash may occur hours, or even days, following an accident, making treatment and diagnosis sometimes difficult. Common symptoms of whiplash include:

• Severe pain in the neck, shoulders, or back
• Limited range of motion
• Tightness in the neck muscles
• Vision or hearing issues
• Tenderness or stiffness when turning the head
• Headaches, which start at the base of the skull and radiate to the forehead

The most common types of accidents that cause whiplash and other neck injuries are rear-end collisions. Some victims may be affected more than others by a whiplash injury. Elderly victims and children may experience longer recovery periods. Other, more severe injuries, such as muscle strains and nerve damage, can result from whiplash, or be accompanied by other serious head or spinal cord injuries.

Most car accidents result from a driver’s negligent acts. Victims who suffer whiplash, or other injuries, in a car accident can file a personal injury case against the responsible driver. Liability exists when a driver has breached his or her duty to act as a reasonable and prudent person would act under similar circumstances, causing the victim’s whiplash and resulting in damages. For example, a driver who is tailgating another car, leading to a rear-end collision and the front driver’s whiplash, can be held accountable for the harm caused. Because of the potential for delayed symptoms of whiplash, a defense attorney might argue that a victim’s injury was not due to the collision. This is why it is important to seek medical attention as soon as possible following a serious accident so that diagnosis and treatment can be promptly provided.

Even if a victim is partially at fault for causing his or her own whiplash injury, other at-fault parties can be held accountable as well. Under Florida’s pure comparative fault scheme of determining liability, damages are awarded in proportion to each party’s degree of fault. For example, victims who are 35 percent at fault may still receive 65 percent of their total damages from another negligent party. Damages available to victims of whiplash in car accident cases may include medical expenses related to doctor or hospital visits, as well as follow-up treatment, time missed from work, and other costs that arise out of a whiplash injury.

If you have sustained whiplash in an accident caused by another driver’s carelessness, you may be entitled to damages for the harm caused. Attorney Robert Dixon can help you determine the proper course of legal action in the aftermath of a serious collision. The Law Offices of Robert Dixon assists clients in personal injury and wrongful death cases arising out of car accidents. We represent people in Miami, West Palm Beach, and the surrounding areas. If you need legal advice regarding your injuries after a motor vehicle collision, call 877.499.4878 or contact us online today to schedule a free, no-obligation consultation.