Step-by-Step: What to Do After Car Accident-Induced Whiplash in Florida

Experiencing a car accident can be a traumatic event, often resulting in various physical injuries. Among these, whiplash is a common but frequently misunderstood injury. Whiplash occurs when the neck is suddenly and forcefully jerked back and forth, causing damage to the soft tissues in the neck — an injury particularly prevalent in rear-end collisions. If you find yourself suffering from whiplash after a car accident in Florida, it is crucial to take specific steps to ensure your health and protect your legal rights. This comprehensive guide will walk you through the necessary actions you should take following a car accident-induced whiplash.

Immediate Steps to Take at the Scene

In the immediate aftermath of a car accident, your priority should be to ensure the safety and well-being of everyone involved. If you suspect you have sustained a whiplash injury, it is essential to remain calm and collected. First, check yourself and others for any visible injuries. Even if you do not feel pain right away, it is important to stay as still as possible and avoid any sudden movements that could exacerbate your condition.

Once you have assessed the situation, call 911 to report the accident. Inform the dispatcher of any injuries and request medical assistance. While waiting for emergency services to arrive, gather as much information as possible. This includes the names, contact details, and insurance information of all parties involved in the accident. Additionally, take note of the make, model, and license plate numbers of the vehicles. Documenting the scene with photographs can also be invaluable later on.

When the police arrive, provide them with an accurate account of the incident. Be honest about your symptoms, even if they seem minor at the time. A police report will be an essential piece of evidence if you decide to pursue a personal injury claim.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Seeking Medical Attention

Regardless of the severity of your symptoms, it is crucial to seek medical attention as soon as possible. Whiplash symptoms may not manifest immediately, and delaying treatment can worsen your condition. Visit a healthcare professional who is experienced in diagnosing and treating car accident injuries. They will perform a thorough examination, which may include imaging tests such as X-rays, MRIs, or CT scans to assess the extent of your injury.

Your healthcare provider will likely recommend a treatment plan tailored to your specific needs. This may include pain management strategies, physical therapy, and exercises to improve your range of motion and strength. Follow your doctor’s instructions meticulously and attend all follow-up appointments. Keeping detailed records of your medical visits, treatments, and expenses is crucial for any potential legal action.

Notifying Your Insurance Company

After seeking medical attention, you should promptly notify your insurance company about the accident. Provide them with all relevant information, including the police report, medical records, and any documentation you have gathered at the scene. Be truthful and accurate in your statements, but avoid admitting fault or downplaying your injuries. Insurance adjusters may attempt to minimize your claim, so it is important to stick to the facts.

Your insurance policy may require you to file a claim within a specific timeframe, so do not delay this step. Cooperate fully with your insurance company’s investigation, but be cautious about signing any documents or accepting a settlement offer without consulting a legal professional.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Consulting a Personal Injury Attorney

Navigating the legal complexities of a personal injury claim can be daunting, especially when you are dealing with the physical and emotional aftermath of a car accident. Consulting a personal injury attorney who is well-versed in Florida’s laws can significantly improve your chances of receiving fair compensation for your injuries. An experienced attorney will evaluate your case, help you understand your rights, and guide you through the legal process.

Your attorney will begin by conducting a thorough investigation of the accident, gathering evidence such as police reports, medical records, witness statements, and any available video footage. They will also communicate with insurance companies on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve.

In Florida, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. However, it is advisable to seek legal counsel as soon as possible to avoid any potential complications. Your attorney will help you determine the appropriate course of action, whether it involves negotiating a settlement or pursuing a lawsuit.

Understanding Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, which means that your own insurance company will cover your medical expenses and lost wages, regardless of who was at fault for the accident. This is done through Personal Injury Protection (PIP) coverage, which is mandatory for all drivers in Florida. PIP benefits can cover up to $10,000 in medical expenses and lost wages, but they may not be sufficient to cover all your damages, especially in cases of severe whiplash.

If your medical expenses exceed your PIP coverage or if you have suffered a significant injury that meets certain criteria, you may be able to file a personal injury lawsuit against the at-fault driver. Significant injuries include those that result in permanent disability, significant disfigurement, or death. Your attorney will help you determine if your case meets the threshold for filing a lawsuit and will guide you through the process.

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Building a Strong Personal Injury Case

Building a strong personal injury case requires meticulous documentation and a strategic approach. Start by keeping a detailed record of all your medical treatments, including dates, procedures, and costs. Document any changes in your physical condition, pain levels, and daily activities. Keeping a pain journal can be particularly useful in demonstrating the impact of your injury on your quality of life.

In addition to medical records, gather any other evidence that can support your claim. This includes photographs of the accident scene, damage to your vehicle, and any visible injuries. Collect witness statements and contact information, as well as any correspondence with insurance companies. Your attorney will use this evidence to build a compelling case that demonstrates the extent of your injuries and the impact on your life.

Your attorney may also work with medical professionals and accident reconstruction specialists to provide testimony. These specialists can help establish the cause of your whiplash injury, the severity of your condition, and the long-term effects on your health. Their testimony can be crucial in proving your case and securing the compensation you deserve.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Negotiating with Insurance Companies

Dealing with insurance companies can be challenging, as their primary goal is to minimize their payouts. Your attorney will handle all communications with the insurance companies, ensuring that your interests are protected. They will negotiate on your behalf to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and any other damages you have incurred.

It is important to be patient during this process, as negotiations can take time. Do not accept the first settlement offer without consulting your attorney. Insurance companies often start with low offers, hoping that you will settle quickly. Your attorney will advise you on whether to accept an offer or continue negotiating for a better outcome.

Preparing for Trial

If a fair settlement cannot be reached through negotiations, your attorney may advise you to proceed to trial. While most personal injury cases are settled out of court, taking your case to trial may be necessary to achieve the compensation you deserve. Your attorney will prepare your case meticulously, gathering all necessary evidence and preparing witnesses to testify on your behalf.

During the trial, your attorney will present your case to a judge or jury, explaining how the accident occurred, the extent of your injuries, and the impact on your life. They will use testimony, medical records, and other evidence to support your claims. The goal is to convince the court that you are entitled to compensation for your injuries and damages.

Getting You the Compensation You Deserve

If you have suffered from whiplash after a car accident in Florida, Serrano Law is here to help. Our experienced personal injury attorneys are dedicated to fighting for your rights and securing the compensation you deserve. We understand the physical, emotional, and financial toll that a car accident can take on your life, and we are committed to providing the compassionate and effective legal representation you need.

Contact Serrano Law today for a free consultation. Let us guide you through the legal process and help you get back on the road to recovery. Your well-being is our top priority, and we will work tirelessly to ensure that you receive the justice and compensation you deserve.