Can You File a Claim for a Soft Tissue Injury After a Florida Car Accident?
If you were involved in a Florida car accident and did not suffer any noticeable injuries, such as broken bones, you might assume you are okay. However, you might soon start experiencing pain, stiffness, or swelling. Often, these symptoms indicate a soft tissue injury. After determining that you sustained a soft tissue injury in your Florida car accident, you might wonder if you can file a claim for such an injury. So, can you file a claim for a soft tissue injury after a Florida car accident? Yes, you can. Read on to learn what soft tissue injuries are, how Florida law treats these injuries, and what you can do to protect your right to compensation.
Understanding Soft Tissue Injuries
Soft tissue injuries occur when muscles, tendons, and ligaments are torn or stretched beyond their normal range of motion. In car accidents, these injuries result from the sudden impact. During a car accident, the impact forces the body to move, throwing you against vehicle components, such as the dashboard, steering wheel, and airbag. Then, the body reverses direction and throws you against another structure. These movements pull muscles, tendons, and ligaments, causing damage ranging from minor to severe.
A car accident can cause various types of soft tissue injuries, including the following;
- Sprains – overstretched ligaments
- Strains – overstretched tendons or muscles
- Contusions – bruises resulting from impact
- Whiplash – a neck injury that is caused by the rapid back-and-forth motion
Recovering Compensation for a Soft Tissue Injury
In Florida, there are two main options for recovering compensation for a soft tissue injury after a car accident. First, you can turn to your Personal Injury Protection (PIP) coverage, which can pay up to $10,000 in medical expenses and lost wages. To qualify for PIP, you must have a valid Florida PIP policy for your car. Additionally, you must seek treatment within 14 days after the accident, and treatment must be provided by a licensed medical professional. The good news is that PIP is a no-fault insurance, meaning you can recover compensation even if the accident was your fault.
If you suffered a severe soft tissue injury, you may be eligible to pursue the second option: filing a claim against the at-fault driver. Under Florida law, you can step out of the no-fault system if your injury meets the “serious injury” threshold, which includes permanent injury within a reasonable degree of medical probability and significant and permanent loss of a vital bodily function, and if another party’s negligence caused the injury. An injury like whiplash can qualify if it leads to lasting pain, reduced mobility, or makes it impossible for you to work.
Protecting Your Right to Compensation
The following are some of the steps you can take to increase your chances of recovering the compensation you deserve for your soft tissue injury;
- Seek immediate medical attention
- Follow doctor’s orders
- Keep records of medical expenses, missed work, symptoms, and any other relevant information
- Gather evidence, including police reports, witness testimony, photos, and video footage
- Hire a skilled attorney
A skilled personal injury attorney can help you gather the evidence you need to support your case.
Contact an Orlando Personal Injury Attorney
Our Orlando personal injury lawyers at The Pendas Law Firm can help you recover the compensation you deserve for your soft tissue injury. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
Source:
flhsmv.gov/traffic-crash-reports/crash-dashboard/