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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

How Much is the Average Whiplash Settlement?

Frequently Asked Questions - How Much is the Average Whiplash Settlement?

How Much is the Average Whiplash Settlement?

Whiplash is one of the most common injuries sustained in a motor vehicle collision.  Whiplash is caused by a forceful, rapid back-and-forth movement of the neck.  It can occur in both low impact and severe impact collisions.  Minor whiplash injuries may resolve with rest and over-the-counter medication, while more severe injuries may require therapy and diagnostic imaging to rule out a more serious injury.  Clients who were recently involved in a motor vehicle collision often ask how much a specific injury will be awarded in damages.  The answer depends on the specific facts involved in each individual case.

The first, and most important, part of a personal injury or whiplash claim is the injured motorist’s medical treatment.  The amount of a potential settlement depends on the individual’s specific damages.  Without damages, a civil suit cannot move forward.  Evidence of physical damages can be proven through medical records or testimony from a plaintiff’s treating physicians.  The length of time it takes to complete medical treatment, and the potential amount of a future settlement offer, varies according to the severity of the whiplash injury.  A minor whiplash injury that requires little to no medical treatment would probably resolve quickly and would, without considering any other factors, likely result in a nominal settlement offer.  In contrast, a severe whiplash injury that results in permanent damage to the spine may take months or years of therapy to resolve.  The more severe injury would likely result in a larger settlement to make the client whole again.  It is extremely important to understand the full scope of a whiplash injury before attempting to reach a settlement with an insurance company or individual.  Once a case has reached a mutual settlement, or jury verdict, it is often impossible to re-open the case even if new injuries are discovered at a later date.  As such, it is important to know the complete scope of a whiplash injury, and the total amount of a plaintiff’s damages, before any attempts are made to settle the case.

While an injured motorist is receiving medical care for a whiplash injury, an attorney should be gathering evidence to support the pending claim.  A defendant will often try to lessen his or her liability by claiming the other driver was partially at fault for the collision.  It may be important to obtain eyewitness testimony, if possible, to refute any such claims by the at fault party.  If witnesses are not available, it may be possible to hire an engineering expert to recreate the collision based on physical evidence left on the scene.  Photographs taken immediately after the collision may also be important if the at fault driver changes his or her story in the future.  Photographs of all the vehicles involved, even if taken several days later, can still be invaluable as evidence of the severity of the impact.

At some point during the course of treatment for a whiplash injury the injured motorist should be place at maximum medical improvement (MMI) by their treating physicians.  Maximum medical improvement occurs when an injured motorist’s recovery has plateaued.  Additional treatment may continue to alleviate whiplash symptoms, but at MMI no further recovery or improvement is anticipated.  At this point in the case the damages can be more accurately calculated.  Settlement discussions usually begin at this point by preparing and sending the at fault party, or their insurance carrier, a demand package.  The demand package includes the claimant’s theory of liability, an explanation of why the other party is responsible for the whiplash injury.  The demand package will also include evidence to support that theory of liability such as eyewitness affidavits, photographs, and expert reports.  The package will also include evidence of the injured party’s damages.  This evidence is typically medical records and bills from his or her treating physicians.  Treating physicians may also have included opinions as to the necessity of future medical care.  This demand package will include a settlement offer and a time frame in which the at fault party must respond.  The settlement offer should be based off a careful calculation of all of the injured party’s damages.  Damages for a whiplash injury may include, past and future medical bills, lost wages, loss of future earning capacity, property damage, out-of-pocket expenses, and pain and suffering,

If a settlement agreement is unable to be reached after submitting a demand package and subsequent negotiations the injured party will need to file a civil lawsuit.  The length of time it takes from the date of filing until a case is tried in front of a jury depends on the county in which the case is filed and the complexity of the case.  Once the case reaches a jury the attorney will present all the evidence of the client’s whiplash injury.  The defendant’s attorney will generally attempt to dispute liability, often arguing his or her client is not 100% at fault for the cause of the injury.  The defense attorney may also challenge and attempt to refute the plaintiff’s claim for damages.  It is not uncommon for the defendant to hire expert witnesses to rebut the cause or severity of the plaintiff’s injury.  Once both the plaintiff and defendant have presented their case the jury will determine if the defendant is liable for the plaintiff’s injuries, and if so they will award the plaintiff damages.

Florida’s comparative fault law mandates that a defendant is only liable for damages based on his or her own percentage of fault.  Therefore, if a jury finds the defendant to be 80% at fault and the plaintiff 20% at fault for a whiplash injury, the jury award for damages would be reduced by the plaintiff’s percentage of fault.  For example, in the above scenario if the jury awarded the plaintiff $10, the award would be reduced by $2.

Every whiplash case has a unique set of facts which will determine the value of the case.  Generally speaking, minor whiplash injuries would be awarded less in damages as compared to a severe whiplash injury.  However, a settlement or jury award may also be impacted by the comparative fault of the plaintiff.  Therefore, it is important to consult with an experienced whiplash attorney to ensure your damages are properly calculated and that the evidence required to prove your case to the jury is obtained.



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With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients.
Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

What Our Clients Say

What Our Clients Say About Our Personal Injury Attorneys

"From the beginning we knew we were in good hands."
Clarence,
Personal Injury Case
Trial Pro got me $491,000
"I wouldn't be where I am today without Trial Pro."
Clarence,
Personal Injury Case
Trial Pro got me $998,000
"Trial Pro satisfied client 2021"
Client,
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Trial Pro got me $1,900,000
"We are really glad that we choose you guys to represent us."
Nicole,
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Trial Pro got me $1,000,000
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Trial Pro got me $1,510,000
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After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.

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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
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It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

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250 N Orange Ave, 14th Floor

Orlando, FL 32801

help@trialpro.com

(407) 300-0000


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Trial Pro, P.A. Car Accident Attorneys

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The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.