A severe case of whiplash can kill you if it is critical enough or leads to damage to your spine. Fortunately, whiplash fatalities are rare. If your family lost a loved one due to a whiplash injury caused by the negligence of another person or entity, a Boca Raton wrongful death lawyer can help you obtain compensation.
You do not have to pursue wrongful death damages on your own. A lawyer in your area familiar with personal injury and wrongful death cases will represent you, often at no upfront or out-of-pocket cost. Their initial review of your case is also free and can give you the opportunity to ask questions while allowing a team member to assess the merits of your case.
What Is Whiplash and What Are Its Symptoms?
Cleveland Clinic research describes whiplash as an injury that occurs when your neck is forcefully whipped back and forth in sharp and sudden motions. Whiplash is graded in severity from one to four, with the most severe cases potentially causing lifelong disabilities or fatalities.
The symptoms of whiplash can include pain and stiffness, lack of mobility, dizziness, and blurry vision. Victims of whiplash may also experience numbness in their arms or hands, tinnitus (ringing in the ears), difficulty concentrating, insomnia, and otherwise unexplained irritability.
A prompt and definitive diagnosis is important. The sooner whiplash is diagnosed and treated, the more favorable the potential outcome.
What Can Cause Whiplash to Lead to a Fatality?
Car accidents are among the most commonly reported causes of whiplash. They are not the only cause. Whiplash can also be the result of:
- A slip and fall accident
- A physical attack
- A sports injury
- An amusement park ride
Whiplash can damage more than your neck. It can also affect your vertebrae, ligaments, muscles, and nerves. Severe and potentially deadly causes of whiplash can include inflammation that travels to the brain and delayed treatment or diagnosis. The lawyer handling your case will obtain your medical records and review them with medical experts.
Compensation Surviving Families Can Recover From a Fatal Whiplash Injury
After the loss of a loved one due to a catastrophic whiplash injury, your family can recover two types of damages. Survivors’ damages allow you to recover all the damages your loved one would have been entitled to receive had they survived to file a personal injury action.
Specific family members—typically, the decedent’s parents, spouse, and children—can also recover the following wrongful death damages:
- Loss of the decedent’s financial support
- Loss of the decedent’s familial services
- Loss of the decedent’s care and society
- Loss of consortium and companionship
- Mental and emotional anguish
The at-fault party can also be compelled to cover the costs of your loved one’s funeral and burial. Your personal injury lawyer will create a carefully detailed list of your recoverable damages and work hard to achieve the best possible outcome for your family.
What You Need to Know About the Wrongful Death Statute of Limitations
The filing deadline is a critical part of your lawsuit since compliance is mandatory. The time you have to file your lawsuit is determined by Florida’s wrongful death statute of limitations.
You generally have two years from the date of your loved one’s demise to file your lawsuit, according to Florida Statutes § 95.11. If your lawsuit is not filed within the allotted time, you could be banned from filing it at all.
Your lawyer will help you understand the statute of limitations and how Florida Statutes § 95.051 can cause the filing deadline to fluctuate.
The Benefits of Hiring a Wrongful Death Lawyer for a Whiplash Fatality
Wrongful death insurance claims and lawsuits can be legally complex and emotionally challenging. A lawyer can provide guidance and support when your family needs it most. When a lawyer represents you, they will explain what counts as wrongful death in Florida and take all of the following steps on behalf of your family:
- Investigate your loved one’s accident
- Gather physical evidence and documents
- Draft and file your case
- Handle all case-related communication
- Interview accident witnesses
- Consult relevant expert witnesses
- Clarify legal and insurance language
- Negotiate a fair and appropriate settlement
Your lawyer will explain your family’s rights and the at-fault party’s financial responsibilities. They can also provide you with ongoing updates and developments as your case progresses.
How Your Lawyer Defines the Negligence That Led to a Fatal Whiplash
Negligence in a fatal accident case is defined by four elements. A wrongful death lawyer will collect evidence that proves the at-fault party:
- Owed your loved one a duty of care to act safely and responsibly
- Breached their responsibility to meet their legal duty of care
- Caused the accident, which otherwise would not have occurred
- Caused the financial damages your family experienced
Proving these elements is a vital part of your case. Without proof of negligence, you cannot pursue the at-fault party to recover compensation.
Your Lawyer Can Collect Evidence for Your Whiplash Fatality Case
When a lawyer represents you, they can handle the potentially daunting task of collecting evidence. The case file your legal team will compile on your behalf will prove the accident’s cause and cost and can include the following:
- Medical records
- Salary history
- Accident report
- Accident scene photos
- First responder reports
- Car repair estimates
- Car replacement estimates
Your lawyer will also collect evidence that could be emotionally triggering, including your loved one’s death certificate. Rather than taxing you or your family, they will gather evidence and present it to the insurance company on your behalf.
Your Fatal Whiplash Case Review Is Free at Ged Lawyers
If a fatal case of whiplash killed a member of your family, our wrongful death lawyer will help you pursue financial compensation. While you focus on taking care of your family, our law firm will build the strongest possible case for you.
Get started by contacting our consultation team at Ged Lawyers to learn more about how hard we will go to bat for your family.