Car Accident Whiplash Settlements

Whiplash is one of the most common types of soft tissue injury. It occurs most often to drivers and passengers involved in rear-end collisions. In these accidents, the impact forces the head to snap violently backward and forward.

For some people, the term “whiplash” has a negative connotation. They tend to think of it as an imaginary injury. Today, most medical professionals refer to this injury as a cervical or neck sprain, a cervical or neck strain, or a hyperextension injury.

No matter what you call it, a whiplash injury can be excruciating and can cause serious injuries to your vertebrae, muscles, and ligaments in the neck. This article shows how to determine if you can sue for a whiplash injury. It also discusses how much a car accident settlement involving whiplash is worth.

If you suffer whiplash or any other injury in a car accident, you may be entitled to compensation. The best way to know for sure is to consult an experienced personal injury lawyer. Your legal options for recovering compensation may vary significantly depending on whether you live in a no-fault insurance state or a traditional tort state. This article will explain the general principles that apply to a whiplash case, but specific rules in your state may affect your ability to pursue certain types of compensation.

Causes of a Whiplash Injury

Whiplash injuries are a common byproduct of car accidents, but they can occur anytime you experience a sudden back-and-forth “whipping” movement of the neck. You can suffer a whiplash injury in any sort of accident, including a slip and fall, an assault, or when participating in sports.

Whiplash injuries aren’t always immediately recognizable. The rush of adrenaline that occurs after an accident can mask certain soft tissue injuries.

The following are symptoms of whiplash:

• Tightness and stiffness in the neck
• Neck pain or back pain
• Dizziness
• Headaches
• Problems with balance and equilibrium
• Memory problems and difficulty concentrating
• Limited range of motion
• Trouble sleeping

The good news is that the recovery time for whiplash is usually low, even for severe whiplash injuries. Unlike other car accident injuries, such as a back injury or nerve damage, it’s a bit more difficult to demand damages for future medical expenses in a whiplash case. Future damages depend on medical prognosis and whether the injury becomes chronic.

The same applies to other types of damages, such as lost wages and lost future earnings. That’s why the average whiplash payout is significantly lower than that for other, more serious injuries.

Treating Whiplash

Any lawyer who handles personal injury cases will tell you to seek immediate medical attention after a car crash. When you go to the emergency room after your car accident, the doctors will run a series of tests to determine the nature and severity of your injuries. They will include the results of these tests in your medical records.

Some of the tests the emergency room doctors will conduct include:

• X-rays
• Ultrasounds
• Magnetic resonance imaging (MRI)
• CT scan
• Neurological exam
• Physical exam

If the doctors determine that you’ve suffered whiplash, they will most likely refer you to an orthopedic doctor, a chiropractor, or a neurologist. Once you see the specialist, they will explain your treatment plan to you.

Treatment for whiplash injury and other neck injuries includes:

• Immobilizing the neck using a neck brace or cervical collar
• Physical therapy
• Muscle relaxants
• Massage therapy

If your muscle or ligament damage is extensive, you may need to undergo cervical traction or surgery. The recovery time for a whiplash injury can be as little as two to three weeks. More severe cases can last for a year or more or become a chronic pain condition that impacts your daily life for decades.

It’s crucial to follow your doctor’s treatment recommendations and attend all appointments, as gaps in medical care can negatively impact your claim.

Filing a Whiplash Injury Claim

If your only injury is whiplash, the insurance company will probably pay your claim. Most whiplash claims are only worth a few thousand dollars, and it would cost more for the insurance provider to fight the claim than to settle it.

Claim acceptance depends on fault determinations, policy coverage, and other factors. If there is a question of who caused the accident, the insurance company may deny your claim.

If the insurance adjuster denies your claim, consider consulting a car accident lawyer or personal injury attorney. Even if you only suffer minor whiplash, you may still be entitled to compensation. If you didn’t cause the accident, you shouldn’t have to pay your medical costs out of pocket.

How a Car Accident Attorney Can Help With Your Whiplash Injury Claim

While most whiplash claims are relatively small, some whiplash cases are worth a fair amount of money. It all depends on the nature and severity of your injuries. If you also suffer a herniated disc or experience extreme emotional distress, your settlement value will be much higher.

If the insurance company refuses to pay your claim or offers you a low settlement amount, you may have to file a personal injury lawsuit against the at-fault driver. This doesn’t mean that you’ll have to go to court. Most car accident cases settle out of court. An attorney can help you get the largest settlement possible.

To ensure that you receive a fair settlement, consider retaining a car accident attorney. They’ll help you navigate the legal process and fight for a higher settlement.

Your personal injury attorney will help with the following:

• Assist with your whiplash injury claim
• Provide valuable legal advice
• Help you with the claims process

Your attorney will also gather the necessary evidence to prove your claim. This includes a copy of the police report, witness statements, expert testimony, and your medical records.

Keep in mind that your options for recovery may depend on whether you live in a no-fault insurance state. In no-fault states such as Florida, Michigan, and New York, your insurance company typically pays for medical expenses and lost wages regardless of who caused the accident, up to your policy limits.

In these states, it may not be possible to sue the at-fault driver unless your injuries meet certain serious injury thresholds defined by state law. In traditional tort states, you can pursue compensation directly from the at-fault driver‘s insurance company. A local car accident attorney will be well-versed in the laws of your state and can explain your options.

Damages Available in a Car Accident Claim

If you sue the other driver, you’ll have to make a demand for damages in your initial complaint. This is where you list your out-of-pocket losses and ask the court to order the at-fault party to pay you the fair compensation you deserve.

Your damages depend on several factors, including:

• The nature and severity of the injury
• Your earning capacity
• The extent of your medical care
• The need for future medical treatment
• Your age
• Loss of quality of life
• Whether you experience extensive pain and suffering
• The amount of time you miss from work

When filing a whiplash-related lawsuit, it’s normal to demand economic and non-economic damages. Economic damages are those financial losses you can quantify, such as medical bills and property damage. Non-economic damages are those losses you cannot prove with a receipt. They include intangible losses, such as emotional distress and pain and suffering.

Your total damages will determine your whiplash settlement amount. For example, if you demand $100,000 in damages, you may end up settling for $50,000. Keep in mind that the average whiplash settlements are often much lower than this.

Evaluating the Settlement Offer

If you file a car accident lawsuit for your whiplash injuries, the insurance company will represent the at-fault driver. When they get their copy of the complaint, they’ll have a chance to file a response. Once the insurance company receives the complaint, it’ll reach out to your attorney to discuss a possible settlement.

Take the time to evaluate an insurance company‘s settlement offer. The insurance company‘s initial offer is rarely its maximum payout. It will never pay more than the insured’s policy limits.

Having legal representation will level the playing field against the insurance provider. They know they won’t be able to take advantage of you or convince you to accept a ridiculously low settlement.

Settlement vs. Going to Court

Most car accident damages, including whiplash injury claims, are settled out of court. Trials are expensive and time-consuming. Both sides recognize the risk of losing if they go to court. To avoid this possibility, it’s in both parties’ best interests to reach a whiplash injury settlement sooner rather than later.

If the insurance company refuses to settle, your attorney may have no choice but to take your case to trial. Doing so doesn’t mean you won’t still be able to settle your case. The courts will encourage parties to resolve their cases amicably at several points along the legal process.

Still Have Questions? Get Legal Help

Navigating the settlement process in a whiplash case can be difficult for injury victims. A personal injury lawyer will pursue the compensation you deserve and negotiate a fair settlement on your behalf. 

Contact a car accident lawyer to discuss your personal injury claim. If you don’t file your claim before the statute of limitations expires, you may lose your chance to pursue damages. Time limits for filing claims vary by jurisdiction. Some states allow as little as a year or two to file a claim.

FindLaw’s directory of car accident attorneys can help you get started. You can easily search for an attorney in your city or nearby who is experienced in car accident settlements. You can also find reviews and other important information about different law firms to help you choose the right legal advocate.

Recovering from a car accident is hard, but getting legal advice doesn’t have to be.