It’s hard to determine the average settlement for whiplash injuries because no whiplash injury case is the same, even if the cause of the accident is the same.
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.
