The average settlement for whiplash injuries in Texas can vary widely. Settlements depend on the extent of your whiplash injury and how your life has been affected.
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.
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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 amount of compensation you can recover for your injury depends on the ways 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.
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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.
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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 at 800-285-4878 to start working on your car accident insurance and tort claims today.