To understand what your whiplash claim could be worth, you must know how these claims are calculated and how damages are paid out. This can give you a better idea of the average settlement for whiplash injuries in Texas and the value of your damages.

What Is a Whiplash Injury?

Whiplash is a neck injury that occurs when the head or neck rapidly moves back and forth. They are most common in sports accidents, slip and falls, and motor vehicle accidents. Whiplash can be one of the more painful injuries, as it affects the muscles, soft tissues, ligaments, and tendons of the neck. If these are torn or sprained, your recovery could be much longer.

After your accident, you should begin to document your whiplash injury immediately. Your physician will likely use diagnostic imaging to diagnose your whiplash or neck injury. However, since it can often be a soft tissue injury, whiplash may not always appear on X-rays and other imaging scans.

Unfortunately, this means you will likely face some pushback from the insurance company when you file your claim. However, the more medical documentation you have to support your injury, the less likely the insurance company can attempt to refute the severity of your whiplash.

How Are Settlements for Whiplash Calculated in Texas?

Although you may be anxious to determine the average whiplash settlement, there is no average settlement amount. The amount of compensation an injury victim is awarded depends on the specific details of their case. Like every other type of injury, whiplash injuries can vary in severity. Some whiplash injuries may be minor, while others may be debilitating. The more severe your whiplash is, the greater your medical costs can be.

The amount of compensation you can recover for your injury depends on how your life has been affected. You have the right to recover full compensation for your damages. This means you can see compensation for several losses, such as:

• Disability expenses
• Physical pain and suffering
• The medical expenses needed for medication and treatment
• Medical devices
• Loss of enjoyment of life
• Psychological trauma
• Property damages
• Loss of income
• Diminished earning capacity

These are only a few of the more common damages you could recover after a whiplash injury. To find out how much your claim could be worth, speak with your personal injury lawyer about the specific details of your case.

How Do the Shared Fault Laws in Texas Affect Whiplash Settlements?

Sharing fault for your injuries does not prevent you from recovering compensation for your suffering. Under Texas’ Proportionate Responsibility law, Texas Civil Practice and Remedies Code § 33.001, the state follows a modified comparative negligence system.

Here, you can share fault for your injuries as long as your percentage of blame does not exceed that of the other involved party. However, it is important to note that your whiplash injury settlement will be affected if you share liability for your injuries.

For example, if you failed to wear a seatbelt in an accident caused by a distracted driver, the judge might find you 20% liable for your injuries. Your whiplash injury settlement will then be reduced by 20% to account for your proportionate responsibility. If you have concerns surrounding how proportionate responsibility laws could impact your case, reach out to your whiplash attorney to find out.

How Can I Recover the Maximum Compensation for My Whiplash Injury?

To get the most out of your whiplash injury claim, you need to be prepared to go down multiple avenues. This includes pursuing claims with any necessary insurance companies and pursuing your claim in civil court.

The insurance company is unlikely to cover the full extent of your damages. This is partly because they are only required to pay out up to the maximum limits of their policyholder’s policy. When your damages exceed these limits, the insurance company is not obligated to cover the excess.

Although going to court may be intimidating, it is often one of the best ways to ensure that you are awarded total compensation for your suffering.

See A Doctor and Follow Through With Your Treatment

One way you can support your case is by seeing a doctor and beginning treatment immediately. The longer you wait to start treatment, the worse your whiplash symptoms could get. You want to aim for your maximum medical recovery so you do not keep incurring medical bills down the line. Plus, your whiplash injury lawyer can use your medical records to build your case. 

Contact a Whiplash Lawyer in Texas for Help with Your Case Today

Whiplash is one of the most underrated injuries a person can experience following a car accident. However, when you have suffered a whiplash injury and another party is at fault, you may have the right to financial compensation.

Find out how to make the liable party pay when you reach out to a Texas whiplash attorney at Loncar Lyon Jenkins. Call our office to start working on your car accident insurance and tort claims today.

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So many factors can impact how much you may recover in damages from your whiplash injury. This could include the severity of your injury, the costs of your current and potential future medical costs, and more. 

If you’ve suffered a whiplash injury, your whiplash injury lawyer could use these and other factors to calculate a unique settlement figure for your case. 

What Is Whiplash?

Johns Hopkins states that whiplash is a type of neck injury that occurs when your head and neck forcefully move back and forth, kind of like a cracking whip. This movement can cause damage to the muscles, tendons, vertebrae, and nerves located in your neck. 

This injury is most commonly caused by a rear-end vehicle accident. However, you may also experience whiplash while playing a collision sport like football or rugby.

Symptoms of Whiplash

Whiplash can be an uncomfortable and painful injury, resulting in symptoms like:

• Stiffness in the neck and upper shoulders
• Neck and shoulder pain
• Headaches
• Numbness or tingling sensation in the arms
• Fatigue
• Concentration and memory issues
• Dizziness
• Blurry vision
• Tinnitus
• Trouble sleeping
• Depression

Pain, stiffness, and feelings of numbness can develop within hours or days after the injury. Other symptoms, like fatigue, memory loss, or tinnitus may develop over a longer period.

Complications Related to Whiplash

You can seek medical treatment, like physical therapy or pain medication, to help you recover from a whiplash injury. In addition, it’s common for symptoms to go away after a few weeks. 

However, whiplash affects everyone differently. Some people experience lasting complications like:

• Neck pain and stiffness
• Limited range of motion in the neck
• Pain in other areas, like down the back and in the arms

Plus, if your whiplash injury occurred in a high-speed rear-end accident or you already had neck or back pain, you may be more likely to experience long-term symptoms of whiplash that impact your life.

Types of Damages Your Whiplash Injuries Could Entitle You to Collect

Because whiplash can impact many areas of your life, you could recover compensation for different types of damages that you’ve experienced or will continue to experience. 

Your whiplash injury attorney may include the following economic damages when calculating the value of your case:

• Medical care costs, including ER and hospital visits, prescriptions, medical devices (like a neck brace), rehabilitation and/or physical therapy
• Any future medical costs should your symptoms not improve
• Lost wages during recovery, and any future lost wages due to lasting complications

You can also recover compensation for non-economic damages like:

• Pain and suffering
• Loss of enjoyment of life
• Inability to participate in the same hobbies and activities
• Emotional trauma from the accident

Filing a Whiplash Injury Claim After an Accident

If you’re in a rear-end car accident, follow these steps to ensure you preserve evidence of your injury and the at-fault party. This can help you in your fight for an appropriate settlement.

• Seek medical attention right away: As soon as you can, visit your doctor or go to the ER to receive medical care for any injuries you’ve sustained. Do so even if you don’t think you’ve been injured or have severe injuries.
• Get your whiplash injury diagnosed: Symptoms of whiplash can take hours or days to appear. Go back to your doctor if you experience any of the symptoms listed earlier and have your injury diagnosed. You may have to undergo an X-ray, MRI, or CT scan to document damage to your vertebrae, muscles, and tendons.
• Contact a whiplash injury attorney: Reach out to a local whiplash injury attorney to start reviewing the details of your accident before speaking to the at-fault driver’s insurance company. They can also explain how personal injury cases work, prepare you for filing a claim, and determine an adequate settlement figure.
• File a claim with the at-fault driver’s insurance company: Provide copies of medical bills, official diagnoses, the police report, and all other documents that can benefit the claim. Be sure not to give a personal statement or admit fault in writing or while speaking to the insurance company. This could jeopardize your ability to seek compensation.

Whether or not you’ve gotten an attorney, the sooner you can file, the sooner you can reach a settlement. That’s why it’s important to quickly document your injuries and get an attorney, too. 

What If the Insurance Company Denies My Claim?

The insurance company may reject your claim and/or deny their policyholder’s liability. If this happens, you should seek a personal injury attorney right away, if you haven’t already.

A whiplash injury attorney can start building your case to prove the other driver caused the accident that resulted in your injuries. If necessary, they can fight for your rights in negotiations and the courtroom.

Another alternative is that the insurance company offers you a meager settlement. Your lawyer can build a case that demonstrates how much this injury has impacted your life if this happens. They can then negotiate with the insurance company for a worthwhile settlement.

Find Out the Value of Your Case With Loncar Lyon Jenkins

If you or a loved one are involved in a vehicle accident that causes your whiplash injury, an attorney for Loncar Lyon Jenkins can determine how much your case is worth. Then, we’ll use the following to help you get a settlement that matches your pain and suffering:

• The evidence
• Our experience negotiating with insurance companies
• Our knowledge of Texas law

Contact us for a free case review today by calling after a car accident that results in whiplash.

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