Whiplash might be one of the most common car accident injuries, but to many, one wonders what compensation may be available if they pursue a claim. In effect, the amount of settlement receivable as whiplash injuries will much vary depending on many particularized factors such as the severity of injury, impact on the victim’s life, and other associated costs. This article will discuss the typical whiplash settlement amount, the factors that affect compensation, and how to maximize your claim.
Average Whiplash Settlement Amount Explained
The average whiplash settlement amount can range from $2,500 to $100,000. This, in fact, significantly depends on the case circumstances. Minor whiplash injuries may have a low compensation, while long-term disabilities or chronic pain in serious cases may fetch much higher awards.
Several factors come into play to determine the final settlement value, including the cost of medical treatment, lost wages, and pain and suffering. Each case varies, and the award amount in each case depends on how well the damages can be documented and proved.
Factors Affecting Whiplash Settlements
Many factors can influence the settlement value linked to this whiplash injury, including:
- Severity of the Injury: The more severe the injury, the larger the settlement amount. Injured victims with minor whiplash injuries that resolve with minor treatment will yield a lower payout in comparison with injuries requiring ongoing medical care or permanent impairment.
- Medical Expenses: These are the major determinants to arrive at the settlement amount. These include costs incurred on emergency treatment, physical therapy, medication, and future medical treatments that may be required.
- Lost Wages:An injured victim may be entitled to recover wages lost because of the injury. If the injury resulted in long-term effects on the victim’s ability to work, the settlement also includes compensation for future lost wages.
- Pain and Suffering: The other highlight of any whiplash settlement is that pertaining to pain and suffering. Compensation is supposed to cover the physical pain and emotional distress emanating from the injury.
- Impact on Daily Life: In cases where the injury impacts greatly on the victim in performing daily chores, the value of settlement may be increased. This is particularly true in those serious instances where the quality of life has been drastically reduced.
For more on that, including how New York treats personal injury cases and what determines compensation, see our article Common personal injury questions in New York State.
How do whiplash settlements get calculated?
Insurance companies use different methods to settle claims for whiplash injury. A very common one is using a multiplier on pain and suffering. There is the multiplier that can be applied to the total medical expense so as to arrive at an amount of compensation, which is reasonable. For example, if the medical expenses are $10,000 and the multiplier happens to be 3, then pain and suffering settlement would be valued at $30,000, while the total settlement will be $40,000.
Other factors that come into play include the credibility of medical records, witness testimonies, and the negotiating skills of your attorney in determining how much you get at the end. You should make sure complete medical documentation and a clear assessment of all your damages are present to fairly compensate you.
Real-Life Examples of Whiplash Settlements
To give further idea, here are some real-world examples of whiplash settlements:
- Minor Whiplash Case: In one case, a victim sustained minor neck stiffness and headaches after a car accident. Because the victim was required to see a doctor and physical therapist to treat the victim’s ailment, he was also awarded $5,000 in damages for medical expenses and pain and suffering.
- Moderate Whiplash Injury: The victim suffered from moderate neck pain that required several months of treatment involving physical therapy and caused the individual to miss work for two weeks. The settlement value increased to US$25,000 to cover all medical expenses, lost wages, and pain and suffering.
- Severe Whiplash Case: A victim suffered chronic neck pain and headaches due to a severe whiplash injury, which impeded the victim’s potency at work and in performing day-to-day activities. The victim received a settlement of $100,000 for medical expenses, lost income, and reduced quality of life.
These examples give an idea of the range of possible settlements, but every case is different, and the outcome depends upon the individual circumstances.
Maximizing Your Whiplash Settlement
If you want to maximize your whiplash settlement, consider these tips:
- Seek Medical Attention Immediately: Even if the symptoms appear minor, seek medical attention right after the accident. Not only will immediate medical attention ensure your health, but it also provides crucial documentation for your claim.
- Follow Medical Recommendations: Follow your doctor’s treatment plan. Go to all of your appointments and keep complete and detailed records regarding your treatment. Your case is strengthened with continued medical care.
- Document Everything:Keep a complete and full record of all your expenditures regarding your injury-from medication bills to transportation and other modifications that you have had to make for your injury. Photographs and diaries related to the pain can also help.
- Consult a Personal Injury Lawyer:Seek the expertise of a personal injury attorney. An experienced personal injury attorney will increase your settlement chances. He can negotiate with the insurance, gather the evidence needed, and attend to every detail regarding your case.
If you need help understanding your rights or want to explore your legal options, consider reading our article on Common Criminal Law Questions In New York State.
When to Seek Help from a Personal Injury Lawyer
Whenever you have whiplash from a car accident, the best thing you can do is to hire a personal injury lawyer. Especially if your injury is serious or the insurance company is offering a low amount of money for a settlement, hiring a good lawyer will ensure that your rights are protected, evidence is appropriately collected, and your compensation is pleaded accordingly.
Personal injury lawyers work on a contingency fee, meaning they don’t get a dime unless they recover your money in the form of a settlement or judgment. That insures you will be able to retain good legal counsel with no upfront costs.
FAQs About Whiplash Settlements
Q: How much can I expect for my whiplash settlement?
A: The amount you can expect from whiplash settlement depends on issues like the nature of your injury, medical costs, lost wages, and pain and suffering. The amount of each of these factors will determine the amount of settlement, which can range from $2,500 to over $100,000.
Q: Can I negotiate a higher settlement for my whiplash injury?
A: Particularly, if the insurance company’s starting offer is too low, can I negotiate a higher settlement? A: Yes, you can. Working with a personal injury lawyer will generally increase your chances of a better settlement.
Q: How long does it take to receive a whiplash settlement?
A: It may take months or more than a year to receive the settlement, pending on how complicated the case is and how willing the insurance company is to negotiate in the case.
Conclusion
The typical whiplash injury settlement amount can vary significantly, ranging from a few thousand dollars upwards into the hundreds of thousands of dollars, depending on the severity of the injury and other factors. This will help you in understanding what influences the settlement amount, document all damages, and seek legal representation to maximize your compensation.
Whether it is you or a person in your life who has had to bear with whiplash injury because of a car accident, legal advice will protect all the interests of your case and ensure that you get the compensation you deserve. Call our personal injury team today for a free consultation and let us help you negotiate through your claim effectively.
