What is the Average Settlement and Payout for Whiplash in Florida?

A settlement for whiplash injuries after a car wreck in Florida depends on several factors, including injury severity, duration of medical treatment, quality of life reductions, and liability and PIP coverage limits. Because every case is significantly different from all others, there is no “average” settlement.

Generally, car accident victims in Florida file a claim for their injuries through their own PIP coverage, which typically has relatively low limits. However, if your injuries meet a specific threshold of severity, you can file a claim against the at-fault driver’s liability insurance. You can potentially recover more money with a typical at-fault liability claim. You can talk to a Florida car accident lawyer to discuss your options for financial compensation.

At Zervos & Calta, PLLC, our experienced attorneys have a tough-as-nails reputation in the courtroom and the negotiation process. With over 50 years of combined experience, we know how to fight back against insurance companies that refuse to play fair. Contact us today to learn more during a free consultation.

What Is a Whiplash Injury?

Whiplash is a type of neck injury that occurs when sudden acceleration during a car accident causes the head to snap backward or forward. Because the seat belt holds the body in place, the neck extends sharply in reaction to the force. The sharp, jerking motion can injure the muscles, tendons, and vertebrae in the neck, causing a wide range of symptoms, such as:

• Sharp and dull neck pains
• Limited motion
• Pain radiating down the back
• Lightheadedness and dizziness
• Headaches and migraines
• Numbness and tingling in the back or neck
• Jaw pain
• Difficult concentrating
• Sleep problems

Whiplash is usually classified as a mild to moderate soft tissue injury, but that doesn’t mean it can’t cause lasting complications. The worst of whiplash symptoms typically clear up within a few weeks, but it’s not uncommon for victims to report lingering neck issues months or even years later.

Are There Different Grades of Whiplash Injuries?

Medical professionals often use the Quebec task force classification system for categorizing whiplash-associated disorders (WADs). The Quebe system divides WADs into five grades from least to most severe:

• Grade 0: No complaints and no visible signs of soft-tissue injury
• Grade 1: Complaints of neck pain and stiffness, but no physical signs of injury
• Grade 2: Complaints of neck pain, limited neck range of motion, and point tenderness
• Grade 3: Complaints of neck pain and neurological symptoms (e.g., weakness, sensory problems, etc.)
• Grade 4: Complaints of neck pain and vertebral fractures or dislocations

The benefit of a classification scheme like this is that it provides a concise and objective description of the injury and its severity. It is helpful to have an objective classification of whiplash injuries when demonstrating to insurers and juries the extent of your physical limitations and pain.

How Are Florida Whiplash Injury Claims Calculated?

The most frequent question in a whiplash claim is: How much money can you receive?

The answer depends on the circumstances and your specific losses. Each case is wholly unique, so it’s difficult, if not impossible, to predict how much you can receive. Factors that can influence final claim amounts include:

• Injury severity
• Insurance policy limits
• Medical bills and continuing medical expenses
• The extent of pain and suffering
• Shared liability
• The at-fault party’s degree of negligence

Whiplash injuries are usually mild to moderate, so any settlement will likely tend toward the lower end of the spectrum compared to more catastrophic and paralyzing injuries. However, your choice of attorney can make a difference to any final awarded amounts. An experienced and competent lawyer can push for the maximum possible amount in your case.

What Steps Can You Take to Maximize Your Florida Whiplash Settlement?

The single most challenging part of making a whiplash injury claim in Florida is proving the extent of your injuries. To make a successful claim, you’ll need formal medical documentation of your condition and injury progression. Many people neglect seeing a doctor after a car accident and think whiplash symptoms will go away on their own. When the injuries worsen, and they file an insurance claim, they lack objective proof that they were hurt.

Medical documentation is essential for conditions like whiplash that may create long-term symptoms. Medical documentation proves a connection between current chronic issues and the collision. Without documentation proving a link, insurers might try to say your neck injuries were caused by something else and not the car crash.

To that end, you should see a doctor about whiplash as soon as you can after an accident. Be sure to advise your doctor that you were in a motor vehicle crash. Get copies of all relevant medical documentation, including imaging results, doctor’s notes, diagnostic tests, discharge paperwork, and hospital bills. The more documentation you have, the easier it will be to prove the extent of your injuries.

Your attorney can also help gather other evidence that proves the at-fault party’s liability and the extent of your losses, such as:

• Photographs of the crash scene
• Video/dashcam footage
• Witness statements
• Expert testimony and accident reconstructions
• Police accident report

Will I Need to Sue the Other Driver to Seek Compensation?

Florida has a no-fault system for car accidents, which can impact how you go about seeking compensation for whiplash from a car accident. Under this system, each driver in a collision files a claim through their own personal injury protection (PIP) coverage on their auto policy, regardless of who caused the accident. PIP coverage will pay 80 percent of medical bills up to $10,000 and cover up to 60 percent of any lost work income.

Although PIP coverage is typically your first source of compensation after a car accident, the problem is that no-fault PIP coverage is limited. Your losses might greatly exceed policy limits. Additionally, PIP coverage will not pay for any pain and suffering that whiplash injuries might cause.

However, if your injury reaches a specific threshold of severity, you can step outside Florida’s no-fault car insurance system and sue the at-fault driver. Fla. Stat. 627.737(2) defines a serious injury as one involving any of the following:

• Significant and permanent loss of a bodily function
• Significant and permanent scarring or disfigurement
• Permanent injury within a degree of medical certainty
• Death

If your injuries reach this threshold, you can sue the at-fault driver for compensation, and you can seek money for intangible losses like pain and suffering. Through an at-fault lawsuit, you can potentially recover a much higher sum than through PIP coverage alone. An experienced attorney can investigate your case and assess whether your injuries meet the threshold for filing a car accident lawsuit.

How Long Will It Take for My Whiplash Claim to Settle?

It is difficult to say how long it will take to resolve a whiplash accident claim. In the best-case scenario, a straightforward claim might take a few weeks to a couple of months to complete. However, more complex cases involving multiple litigants and severe injuries can take several months or even over a year to litigate.

If you have severe pain and limitations from whiplash, you’re probably interested in receiving a settlement as fast as possible. However, waiting can sometimes have its benefits. Insurance companies may try to offer a lowball settlement quickly after the accident. The goal is to tempt you into taking the money and dropping legal action.

By accepting the early sum, you sign away your right to pursue further compensation. If you take the money now and your conditions worsen later, you won’t have any legal mechanism to seek financial compensation. As such, it’s often better to wait and see if your attorney can negotiate a larger settlement.

How Can a Lawyer Help Me Recover Compensation for a Whiplash Injury?

Lawyers who have experience with settlement negotiations know all the insurance company tactics used to keep settlement amounts low. Car accident lawyers deal with insurance companies every day and can stand up for you and your rights when insurers try to shirk their payment obligations.

A lawyer will handle every aspect of your car accident claim, including managing communications and meeting filing deadlines. They can investigate the car accident scene to gather evidence and work with expert witnesses to reconstruct the accident events. An attorney can also help you acquire all the necessary medical documentation to prove the extent of your whiplash injuries. If the case proceeds to litigation, an attorney can represent you at trial.

Get Help from an Experienced Florida Car Accident Attorney

When times are tough, your lawyer should be, too. Many might think that whiplash injuries are insignificant, but in reality, they can cause lasting medical complications. If you have whiplash injuries from a car accident caused by someone else, contact the team at Zervos & Calta, PLLC. Our experienced car accident attorneys have over 50 years of experience and an established track record of successful multi-million dollar car accident cases. We can handle all the legal aspects of the car accident claim process so you can focus on rest and recovery. Your money and well-being are on the line, so you shouldn’t settle for less.

Contact our offices online or call today for a case consultation with an experienced Florida car accident attorney. Consultations are free, and you owe us nothing unless we obtain compensation for you, so there is no risk to getting in touch.

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About the Author

Angela Zervos
Angela has spent more than 28 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.