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Long, Jean & Wechsler, P.A.

Long, Jean & Wechsler, P.A.

Personal Injury Attorneys in Pompano Beach Florida

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  • Home
  • Areas of Practice
    • Animal Attacks
    • Boating Accidents
    • Car Accidents
    • Elder Abuse & Nursing Home Neglect
    • Medical Malpractice
    • Motorcycle Accidents
    • Product Liability
    • Slip & Fall Accidents
    • Truck Accidents
    • Wrongful Death
  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
  • Case Results
  • Pompano Beach Law Firm Testimonials
  • Blog
  • Contact Our Pompano Beach Personal Injury Law Firm

Calculating a Whiplash Settlement Value in Florida

March 27, 2021 by Alex Jean, Esq.

Often, people who have been injured in a car accident ask how much their case is worth. No attorney can provide a precise answer to that question in advance. However, an experienced car accident lawyer knows the factors that impact the value of a claim and can provide a general idea of the likely value of a claim.

Whiplash injuries may create special challenges. They are difficult to diagnose, and the outcome can be unpredictable. The injured person may recover quickly, or they may suffer long-term pain and limitations.

This overview will help you understand what whiplash injuries are, the key factors that determine the strength of a whiplash injury claim, and how these cases are typically valued. For more detailed information specific to your case, schedule a consultation with an experienced Florida whiplash injury attorney.

What is Whiplash?

Whiplash is a soft tissue injury to the neck. The injury typically occurs when impact causes the head to abruptly snap forward and backward. You may also hear this type of injury described as a sprain or a strain. Car accidents are among the most common causes of whiplash injuries. This type of injury is especially likely to occur in a rear-end collision, since the sudden impact from behind causes the head to jerk back and forth. Even a low-speed collision can put significant stress on the neck.

Proper adjustment of the headrest can significantly reduce the risk of whiplash injury to the driver and front seat passengers. However, many people don’t know how to or don’t bother to properly adjust their headrests, and headrests in older vehicles may not be designed to provide this protection. To minimize the risk of this type of injury in your own vehicle, check your owner’s manual for tips on how to position your headrest.

Diagnosing Whiplash

People who suffer whiplash injuries in car accidents don’t always know immediately that they’ve been injured. Symptoms may appear shortly after the accident, or may emerge later–even days later. To further complicate matters, whiplash symptoms aren’t always consistent. Of course, most people recognize neck pain, stiffness, and limited range of motion in the neck as possible symptoms of whiplash. But, others are less obvious.

Some of the most common include:

  • Headaches
  • Shoulder or back pain
  • Numbness or tingling in the arms

Still, some symptoms are not even seem to be neck-related, such as:

  • Fatigue
  • Dizziness
  • Blurred vision
  • Cognitive issues
  • Depression or irritability
  • Ringing in the ears
  • Sleep disruptions

Because of the range of symptoms, some people don’t immediately connect the problems they’re experiencing to the accident, and may delay seeing a physician or even fail to mention the car accident when first consulting a physician. After a car accident or any other traumatic event, it is generally best to err on the side of caution and see a medical professional right away if anything seems out of the ordinary.

One challenge in the diagnosis of whiplash injuries is that, as a soft tissue injury, whiplash doesn’t show up in an x-ray or other imaging test. The doctor may run those tests to rule out more serious injuries, but the actual diagnosis of whiplash is based on a combination of the information provided by the patient and the doctor’s observations. For instance, a treating physician will typically ask you to turn your head to assess your range of motion and what type of movement increases your pain.

Unfortunately, insurance companies often use the lack of clear diagnostic proof of a whiplash injury to fight claims or attempt to minimize compensation.

Treatment for Whiplash

Whiplash treatment typically involves both pain management and work to restore the range of motion in the neck. Depending on the pain level, pain management may be as simple as a day or two of rest, some over the counter medication, and the application of heat or cold. In more serious cases, stronger medications may be required. Some possibilities include prescription pain medications, muscle relaxers, or even lidocaine injections.

A person suffering a whiplash injury may also be advised to wear a foam collar. Medical opinions on the use of cervical collars vary, and this is typically determined on a case by case basis. While the collar provides support, it also limits motion, which can be counterproductive.

The treating physician will usually also recommend specific exercises intended to restore range of motion and make it easier for the injured person to go on about his or her regular activities. In some cases, this may require physical therapy.

It’s important to follow the doctor’s recommendations, including following up with physical therapy if recommended. Failing to properly treat a whiplash injury may extend the duration of the injury and increase ongoing pain and limitations. In addition, failure to follow medical advice may hurt any claim for damages, as the responsible party’s insurance carrier may argue that the injury would have been less serious if the injured person had done as instructed.

Valuing a Florida Whiplash Claim

In Florida, your PIP is the primary source of coverage for medical expenses associated with a car accident injury. PIP covers up to $10,000 in medical expenses. That’s enough to cover many whiplash injuries, which means there’s often no litigation with the responsible party. If your medical expenses exceed that limit, you may be able to seek reimbursement from the responsible party. However, Florida law limits who can pursue a claim for intangible damages like pain and suffering, mental anguish and inconvenience.

Generally, a car accident victim is entitled to these additional damages only in cases involving:

  • Significant and permanent loss of an important bodily function.
  • Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
  • Significant and permanent scarring or disfigurement, or
  • Death

Some whiplash injuries are permanent. In one study, researchers found that people who suffered whiplash injuries were more likely than those who suffered other relatively minor injuries to have long-term reduction in quality of life. Still, it may be difficult to establish that the injury is permanent “within a reasonable degree of medical certainty.” Another circumstance in which a whiplash injury victim may be able to pursue this greater range of damages is when the whiplash injury is accompanied by at least one other injury that meets the statutory requirement.

Calculating Damages in a Whiplash Case

You may have heard that damages in a car accident case are determined by a formula, such as three times your economic damages. Economic damages are countable monetary losses, such as medical expenses and lost wages.

While that sort of general rule is sometimes helpful in getting a rough idea of what might be possible, many variables impact the value of a specific claim. Some examples include:

  • The seriousness of your injury
  • How the injury occurred
  • How clear liability is
  • Whether the injured person was partly responsible for the accident
  • The available insurance coverage

The amount of a car accident settlement or verdict may also be impacted by factors that aren’t directly related to the accident and injury. Some of these may include the quality of your representation, the county in which the accident occurred, and the insurance company involved.

Underinsured Motorist Coverage

While a car accident lawsuit is technically filed against the responsible driver, it is typically that driver’s insurance company that provides an attorney, determines whether to settle the claim and for how much, and makes payment of any settlement or verdict. That’s important because most drivers don’t have money or assets to cover a significant settlement or judgment.

Unfortunately, Florida leads the nation in uninsured drivers. That can leave a seriously injured person without a way to recover fair compensation. However, if the injury victim has purchased uninsured motorist coverage, that policy may provide compensation. While this coverage is optional in Florida, it provides important protection for those who are injured by drivers who aren’t carrying liability insurance.

Consult an Experienced Florida Car Accident Lawyer

If you’ve suffered a whiplash injury or other serious injuries in a Florida car accident, speak with a local motor vehicle accident attorney right away. You may have heard that you have four years to file a car accident claim in Florida, and that is usually true. However, there are exceptions.

Even when you have plenty of time to pursue a claim, it’s to your advantage to act promptly. Shortly after the injury, it will be easier for your attorney to conduct a thorough investigation, assemble evidence, and contact witnesses. Over time, physical evidence may be lost or destroyed and it may be difficult to identify or locate witnesses. Memories will fade–including your own.

The attorneys at LJW Legal understand how important it is that you have access to accurate information and guidance after a serious injury. We offer free consultations to help you educate yourself and make good decisions about your next steps. Contact us to schedule yours right now.

Category: Motor Vehicle AccidentsTag: Broward County, Injury Lawsuits
Previous Post:What to Do if You Were in a Rear-End Collision With an Out-of-State Driver
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1937 E. Atlantic Blvd. Suite 205
Pompano Beach, FL 33060


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Long, Jean & Wechsler, P.A.
Long, Jean & Wechsler, P.A.
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dan ldan l
18:58 04 Apr 23
Had the fortune of meeting this young attorney Alex Jean at a business luncheon for professionals. I was immediately drawn to him with his charisma, genuineness and him being a Local product of South Florida. Being the son of an attorney I know the difference between attorneys and a genuine attorney who knows his field of practice. With that being said I unfortunately found myself in a position where I needed an attorney to represent me to go after what was due to me. I immediately called Alex and he was on the case. I was injured and hit by an uninsured, unlicensed driver, I know, what a surprise in south Florida! Alex explained all my options and had the case settled in 6 months! That’s what I said, six months! Super grateful for his personal commitment to my case and received updates as to my cases status all the way through. I think you’ll find that Alex is the right guy if you’ve been injured or have been in an accident. I feel like I was front and center all the way through. Thank you Long, Jean & Wechsler! Alex is the man!💥🇺🇸💥
J. Douglas FaulknerJ. Douglas Faulkner
02:52 16 Mar 23
There are not enough kind words to describe Alex Jean and his team. Every step of the case, Mr Jean and Daniela kept me as well as my family involved in every detail. Not only is Mr Jean a tremendous attorney, he is a true gentlemen and has true compassion for his clients.I highly recommend Mr Jean and his team for any of your legal needs.
Tyler ChinTyler Chin
19:39 09 Feb 23
I have had the pleasure of knowing Lyle Long for about 6 years now and consider him family. I got into a huge car wreck and Lyle helped me get the best turnout I could of even imagined! This guy is the real deal and is not less than THE BEST attorney I have ever had. Highly recommend this man and his firm. Look no further for a beast of a lawyer Lyle is your guy!
Mary JohnsonMary Johnson
19:18 07 Feb 23
The best Personal Injury Firm ever! Ryan Wechsler is on top of it all. Incredibly responsive, caring and has a true passion in fighting for the rights for the victims. Ryan always protects those that need his help. Navigating the insurance world after a motor vehicle accident, is overwhelming. You need an expert like Ryan to help guide the way!! He always has integrity to always do the right thing. I refer all my friends to Ryan after my amazing experience with him and his firm!
Jeremiah CrumetyJeremiah Crumety
21:34 01 Feb 23
From the beginning Lyle didn’t take long at all to help me with my car wreck. Immediately he walked me through everything as I took great pictures of the scene. He then instructed me what to do further. Jess was there to help me orchestrate things as the time got closer to settling and was very transparent with me about the process. Despite the trials that came up.When it came down to the end Marianna disclosed everything and helped me get reductions and waive medical bills down to a minimum. Totally grateful for all who helped get me behinds the scenes to get a fresh start. With new life and a new beginning.Happy New Year
arletty fernandezarletty fernandez
21:24 13 Nov 22
Ryan and Helen were very thorough and diligent with my case. This was my first time having to hire for this type of service and am honestly thrilled to have been referred to such a diligent, efficient and caring team. They made sure to stay in touch and keep me updated all throughout my case. HIGHLY RECOMMEND. Thank you all for your excellent care.
Francisco GarciaFrancisco Garcia
18:25 18 Oct 22
THEY CHANGED MY LIFE!!. I never knew I deserved fair compensation if I was in an accident. They went above and beyond and fought for me. They knocked it out of the park. Alex Jean made me feel taken care of and always answered my calls. His counseling and guidance led us to a successful and well resolved case.I want to thank Renee as well. She was ferocious in negotiating. I will always look to them to tackle what comes their way and fight for me.P.s.: Also, thank you to the rest of the team who all worked together to make it happen.
Michi GarciaMichi Garcia
16:55 12 Oct 22
I will never go anywhere else! This group has gone above and beyond for my case. I am witness to this because they have made it a quick, easy, and effortless process for my physical recovery and made sure I got compensated for my injuries. So grateful to have had Alex Jean as my lawyer and Renee as my paralegal. It has been a huge relief to know I am taken care of and in good hands.
Florane FleurinorFlorane Fleurinor
14:52 03 Oct 22
Very good, professional and responsible lawyer. His office was in contact with me every time they had new information. Step by step Mr. Alex Jean would explain to me what is going on with my case. I didn’t have to wait for years for results. So far from what I hear from other people about their cases Mr. Alex Jean is the best. And I will reference my family and friends you and thank you so much
alexis Johnsonalexis Johnson
20:35 13 Sep 22
Ryan Wechsler is by far one of the best lawyers around. He gave me the assurance that everything was going to be okay. He is a very professional, respectful, knowledgeable, enthusiastic, and an honest lawyer. His entire team (Daniela & Helen) was amazing. Very pleasant and kept me up to date every step of the way during my case. Ryan fought hard for me! I’m very thankful for all of his hard work and everyone at Long, Jean & Wechsler. If you’re ever in need of a great legal team give them a call.
Saif PowerSaif Power
14:59 30 Aug 22
Lyle was a pleasure to work with, he delivered on his promises. He was very prompt with his responses and very helpful when we first touched base. I’d definitely take him again on any relevant case.
Luiz CentLuiz Cent
02:15 13 Jul 22
I hired Alex Jean for a personal injury case and little did I know I was going to get world class treatment.I was referred to the best Chiropractors in Miami and then when I moved to St.Pete the LJW team had great connections there too.My Tesla is as good as new, my back is recovering and not to mention the settlement from the insurance. If I didn’t hire them I’d still be trying to recover money from insurance to fix my car.⭐️⭐️⭐️⭐️⭐️ If you need a personal injury attorney I 100% recommend Alex Jean and the team at LJW.
Princess Maryam Abdul-AkbarPrincess Maryam Abdul-Akbar
16:29 07 Jul 22
Ryan Wechsler is an excellent attorney. He worked tirelessly on my case, which was a difficult one to begin with. When other attorneys were given me issues to take my case, he was the only one that was reassuring and determine to seek justice for me. I completely trusted his counsel. Had it not been for Mr. Wechsler I would have accumulated a lot of debt. I am forever grateful that he accepted my case.
Angelina AkkadAngelina Akkad
12:47 30 Jun 22
Ryan and the team are absolute rock stars! I got a recommendation from a good friend to use them, and I was not disappointed. They solved my issue with one strong letter and avoided a bad situation and lots of time and $$$ saved. I will definitely be using them again if the need ever arises.
Micheca AristildeMicheca Aristilde
19:46 08 Jun 22
Very good firm. I had an unusual case. A crane dropped on my car the week of Christmas. Considering the fact my accident occurred during the holiday season, Lyle and his paralegal, Helen, ensured that I received treatment the same day, got a rental, and even settled my case in less than 6 months.They were extremely polite, communicative, and on top of everything. I highly recommend reaching out to them for great legal representation.
GatorGator
19:20 08 Jun 22
Worked with Ryan and he helped me navigate the process of our law suit. Was in great communication throughout the process. 5 stars
Patrícia OsorioPatrícia Osorio
02:16 08 Jun 22
We had a great experience with Lyle and their team. The communication worked great, they had the patience to explain all the details to us and were responsive to our questions. We got a great settlement.
Perry CrawfordPerry Crawford
18:55 15 Apr 22
Lyle and his law group conducted themselves professionally and were very caring and concerned about my injury. My recovery was foremost on their minds.He fought for me relentlessly and got me what I truly deserved. His confidence and tenacity won the case decisively.Thanks Lyle.
Andrea ChlimperAndrea Chlimper
17:18 15 Apr 22
I highly recommend Lyle Long and his firm. Additional to a very very good settlement amount, Lyle and his staff were a pleasure to work with. Lyle walked me through the entire process from the moment I contacted him regarding my automobile accident. They were excellent with communication, returning my calls/emails and keeping me informed with updates and progress. Unfortunately, this is my 2nd time hiring his firm. My first experience was that positive that I never thought about hiring another firm to handle my legal matter.
TT
20:04 28 Mar 22
I highly recommend using this law firm. They’re super friendly, super helpful and very very professional. They had everything under control and dotted all the i’s and crossed all the t’s. I couldn’t be more happy with there service!!!
Viral-_-buildzViral-_-buildz
18:44 01 Feb 22
I got Into an accident 8/13/2021. A friend of mine told me to contact Ryan, I reached out to him the day after my accident ( which happened to be a weekend day ) and he immediately got right on the case. He was very helpful and I was literally able to reach out to him by phone or text any day and any time. He is always available. He set me up for all of my medical treatment and made sure I understood the whole entire process. He’s a great lawyer and is really on your side. My case was resolved in 4 months and my settlement was way more than I expected. I couldn’t be more thankful for him and his staff. They are excellent.Thank you Ryan,Latia J
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