Car accidents can cause a number of injuries, one of the most common of which is whiplash. Whiplash may not be evident immediately after a collision, but when symptoms arise, they can cause substantial pain and, in some cases, lifelong impairment. While many of the crashes that cause whiplash are brought about by careless driving, drivers are often reluctant to admit liability and proving a neck injury was brought about by a car accident can be challenging. If you sustained whiplash in a car crash, you have the right to seek compensation, and you should meet with an attorney to discuss your potential claims. The knowledgeable Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. are proficient at helping people hurt by collisions in the pursuit of justice, and if you hire us, we will fight tirelessly on your behalf. We regularly represent people injured in car accidents in lawsuits in Cape Coral and in Fort Myers and Naples as well.Causes and Symptoms of Whiplash
Whiplash is the term commonly used to refer to the strain and sprain of the bones, muscles, and ligaments in the neck. Whiplash is caused by sudden extreme force that causes a person’s neck to jerk back and forth rapidly while the rest of the body remains still. Whiplash frequently arises in rear-end collisions but can also be caused by side-impact and head-on accidents as well. People ultimately diagnosed with whiplash may feel fine initially and do not begin to experience pain until hours or days after the crash. Symptoms of whiplash include pain, reduced mobility, and tenderness. In some cases, people with whiplash also experience long-term issues, like dizziness, tingling, numbness, and vision problems.Elements of a Lawsuit Seeking Damages for Whiplash
Careless driving plays a part in most car accidents, and people that drive recklessly and cause collisions that injure others may be deemed liable in civil lawsuits. Typically, a patient in a lawsuit arising out of a car crash will allege that the defendant was negligent.
In Florida, proving negligence requires a plaintiff to show that the defendant owed the plaintiff a duty. The duty owed may be to act with the care a reasonable person would use in the same situation or may be the obligation to comply with a Florida law such as the ones regarding the safe operation of motor vehicles. The plaintiff must then show that the defendant breached the duty in some way. Last, the plaintiff must show that the defendant’s behavior proximately caused the plaintiff to suffer quantifiable harm. In other words, the accident would not have occurred if the defendant had driven safely and that the crash caused the plaintiff to suffer whiplash.
A defendant in a car accident case arising out of whiplash injuries may argue that the plaintiff’s harm arose out of something other than the collision or was caused by a pre-existing condition. As such, the plaintiff may have to retain experts, such as biomechanical engineers and accident reconstructionists, who can offer testimony linking the plaintiff’s injuries to the collision. A plaintiff that successfully demonstrates a defendant’s fault may be granted compensation for the economic losses suffered due to the accident, such as the cost of medical treatment, lost wages, and out-of-pocket expenses, as well as the non-economic harm sustained, like pain, suffering, and mental distress.Meet With a Capable Florida Lawyer
Whiplash is a painful injury that can impair a person’s ability to lead a full life, and people that cause the crashes that lead to whiplash should be held accountable. If you sustained whiplash in a collision caused by negligent driving, you should meet with an attorney to evaluate your potential claims. At Lusk, Drasites & Tolisano, P.A., our capable Cape Coral lawyers take pride in helping people who suffered preventable harm seek redress for their losses, and if we represent you, we will zealously pursue any damages you may be owed. We frequently represent people in car accident cases from our offices in Cape Coral, Fort Myers, and Naples. You can reach us via our online form or by calling us at 800-283-7442 to set up a free and confidential meeting.