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Top Ways to Prove Whiplash in Court


woman with whiplash after a car accident in Florida

More than 3 million people suffer from accident-induced whiplash injuries every year. Whiplash is more likely to occur as a result of rear-end collisions, but that’s not the only way it can happen. 

Generally, any type of accident that causes your neck to suddenly and forcefully jerk can lead to whiplash injuries. If you’ve suffered a severe whiplash injury in an accident, you may incur significant damages resulting from: 

  • Medical bills
  • Cost of rehabilitation 
  • Loss of income 
  • Pain and suffering  

Working with an experienced car accident lawyer can significantly increase your odds of receiving maximum compensation. Contact a skilled Florida car accident attorney at Shrier Law Group today to learn how we can help. 

Continue reading to learn the top ways to prove whiplash in court. 

What is a Whiplash Injury? 

Whiplash occurs when the neck suffers an injury due to a forceful back-and-forth movement. Generally, whiplash symptoms may include but are not limited to: 

  • Stiff neck 
  • Increased neck pain with movement 
  • Decreased range of motion in the neck 
  • Head pains, usually beginning at the base of the skull 
  • Tender shoulders, upper back, or arms
  • Numb or tingling feeling in the arms 
  • Dizziness and tiredness

In more severe cases, whiplash can lead to blurred vision, ringing in the ears, mental health problems, lack of sleep, and more. If you suspect a whiplash injury after an accident, it’s essential to see a physician and contact a car accident attorney as soon as possible. 

How Can You Prove You Have Whiplash? 

Individuals who have experienced whiplash resulting from another driver’s negligence have the right to file a claim against the defendant and their insurer. However, your car accident attorney must prove the following four elements of a personal injury case before you can receive compensation: Duty of care, breach of duty, causation, and damages. Learn more about each below. 

The Defendant Owed You A Duty of Care

All Florida drivers owe others on the road a reasonable duty of care. That means that drivers must take all necessary precautions to ensure the safety of others on the road. That duty of care extends to other drivers, pedestrians, bicyclists, passengers, and more. 

They Breached That Duty of Care

The second step in proving whiplash in court is to prove that the defendant committed an act of negligence that caused the collision. Examples of negligent driving include but are not limited to: 

  • Lack of control of a vehicle
  • Reckless driving 
  • Distracted driving
  • Speeding 
  • Driving under the influence
  • Drowsiness 

Generally, any act that an otherwise “prudent driver” wouldn’t make can be considered negligence in car accident cases. 

Their Negligence Caused Your Whiplash Injuries

Negligence is not enough to secure compensation for whiplash injuries. In addition to a breached duty of care, your car accident attorney must prove your injuries directly resulted from the other driver’s negligence. 

Proving causation often requires the help of a skilled car accident attorney, solid evidence, and sometimes, expert medical witnesses. 

You Suffered Damages Resulting From the Whiplash 

Lastly, your car accident attorney needs to prove that you suffered losses resulting from your whiplash injuries. Damages can include the cost of medical treatment, lost income, rehabilitation costs, and more. 

Is it Worth Suing For Whiplash? 

Not all whiplash cases in Florida are worth pursuing. In many cases, whiplash symptoms are mild or disappear in a few days. If you don’t suffer damages due to the injury, it can be challenging for a car accident attorney to secure compensation. 

Whiplash cases are notoriously difficult to prove, even with solid evidence. For that reason, it’s in your best interest to consult with a proven car accident lawyer before pursuing a personal injury case for whiplash. 

Your attorney can advise you of your chances of winning, the best steps to take, and how much you can expect in a personal injury case.  

Contact a Car Accident Attorney For Whiplash Injuries 

Suppose you’ve sustained significant damages resulting from car accident-induced whiplash injuries. In that case, it’s in your best interest to consult with a skilled car accident attorney as soon as possible. 

Our personal injury attorneys have collected hundreds of millions of dollars on behalf of injured car collision victims. We’re confident that we can help you secure the best possible outcome in your case as well. 

We’re here to assess your case, guide you through the process, and fight for maximum compensation for your injuries. Contact Schrier Law Group today to schedule your free initial consultation with a proven Florida car accident lawyer.