Here, we want to discuss what types of compensation are available in whiplash injury cases. There are various types of compensation available for victims who have been injured in a car accident. Whiplash injury victims are likely to incur a wide variety of expenses. Some of the most common types of compensation recovered by whiplash injury victims include:. No two whiplash cases are exactly alike, and there are no guidelines in the law about how much compensation should be paid out in these cases.
Again, there are various factors that go into how compensation is awarded in these cases. Your injury case may very well be worth more than the averages mentioned above. Permanent damage or pain has a huge effect on your chances of receiving monetary compensation for pain and suffering. The type of vehicle involved in your whiplash car accident will have a serious effect on your whiplash claim. If you were riding a motorcycle at the time of your crash, for example, you may be entitled to more compensation than you would if you were driving a car.
This is because many states do not require you to prove that your injury is permanent to receive compensation for pain and suffering if you were riding a motorcycle at the time of your accident. Car accidents involving big rig vehicles are also extremely serious, especially if you experience neck pain after your car accident. Many larger trucking companies keep very good insurance on their drivers and vehicles for just this reason. Whiplash car accidents involving big rigs generally have a much higher whiplash settlement payout due to the risk and danger involved with such a large vehicle crash.
If you were responsible or partially to blame for the accident that caused your whiplash injury, your chances of receiving any sort of whiplash settlement payout plummet. Note that this varies depending on how fault is proved in your state. It may be necessary to seek compensation from your insurance company. To receive a whiplash settlement for pain and suffering, you must be able to prove negligence on the part of another driver.
Additionally, if a drunk driver was responsible for the accident, your whiplash settlement may be impacted. An experienced attorney will often be able to argue for punitive damage in a whiplash settlement involving a drunk driver, which increases your likelihood of receiving an above-average whiplash settlement. Many of the most well-known insurance companies will pay an average whiplash settlement.
This is harder to find out on your own without an experienced attorney, but will tell you much more than merely finding out the name of their insurance company. If you were involved in an accident with a big rig or other commercial vehicles, your chances of receiving an above-average whiplash settlement increase. These vehicles and drivers are often insured at a much higher coverage level than most regular drivers due to the sheer amount of time they spend behind the wheel and the danger of bigger vehicles.
If your car accident involved a commercial vehicle, talking to an attorney is highly recommended. Average whiplash settlements will vary depending on your jurisdiction, the severity of your injury, and the culpability of the other driver. This is one of the reasons that it is crucial to see a medical professional following your whiplash car accident and schedule follow-up visits if your pain persists.
What you may initially think of as whiplash may end up being a much more serious injury with complications and a larger potential whiplash settlement. In some cases, severe neck injuries or neck injuries in conjunction with concussions or other brain injuries have settled for 6 and 7 figure sums.
If you have received multiple serious injuries in a whiplash accident, reach out to a qualified attorney as soon as possible to get started with your whiplash settlement claim. The exact amount of your settlement will vary based on your injuries, the circumstances surrounding the accident, and the type of insurance carried by the party responsible for your accident.
What is the average whiplash settlement payout? The answer to this question depends on a multitude of factors. One of the most important factors is how fast you and the drivers of other vehicles involved in the accident were traveling at the time.
Speed plays a huge factor in auto accidents, especially in whiplash car accidents. On the other hand, even the slightest impact to the front, rear, or side of your vehicle can cause your body to sustain a whiplash injury. Other common factors that go into determining your whiplash injury settlement will include:. Every whiplash injury settlement case is different and will settle for a different value. Generally, the more severe your whiplash injuries are, the higher the whiplash compensation payouts are.
Assuming the other driver was at fault, you might expect compensation for the following:. For example, suppose that you were rear-ended by another driver while stopped at a red light.
You suffered a whiplash injury to your back and neck and experienced the immediate onset of pain. You began treating your injury with a chiropractor for three months after the accident. The severity of your injury and its impact on your day-to-day life determines the multiplier used for your case. Also taken into account are any negative effects your whiplash injury has had on your lifestyle.
This includes not being able to do the things you enjoy, help your family around the house, play with your kids, or otherwise live your life how you did before the accident. The whiplash settlement amount that you get depends on all the factors involved in your case. The multiplier goes a long way in getting you the biggest settlement for your whiplash lawsuit. This is one of the most important reasons to speak with an experienced attorney following your car accident whiplash injury.
Now you need to determine the value of your pain and suffering. In some cases, the auto insurance company will use a multiplier from 1 to 5 to determine the settlement cost of your injuries.
That number is multiplied by your economic damages. However, the multiplier system is not always used. If your whiplash injury case goes to trial, the jury will not use a multiplier. Many factors can increase or lower your damages awarded at trial. So, it does not really make sense to assume a multiplier will be used.
Factors that will matter at trial include:. The medical professional that you choose for your whiplash injury treatments matter. If most of your bills are for chiropractic treatment instead of from a regular doctor, the jury and insurance company are more likely to think less of your injuries and lower your whiplash injury settlement payout. Therefore, seeing your primary care physician is best if you are looking to maximize your whiplash settlement.
Whiplash is a soft tissue neck injury. Whiplash happens from the head whipping back and forth during a car crash, leading to ligament and tendon damage.
How much is a typical whiplash settlement offer? Other attorneys note that whiplash injuries must be permanent to get pain and suffering compensation. Also, whiplash cases often depend on the property damage involved. Whiplash injuries are invisible on X-rays, so the insurance company wants to see severe vehicle damage to ensure that you have a neck injury.
Further, the sooner you complain about neck pain after an accident, the stronger your legal case. Your doctors can say the neck injury is due to the car accident. Because this accident involved a commercial vehicle, the law firm able to negotiate for a higher settlement amount than they otherwise would.
Because the injuries were so severe and the accident involved a semi truck, it was one of the few multi million dollar whiplash settlements. Accidents involving pedestrians are often taken much more seriously by insurance companies, especially if you experience neck pain after the car accident.
An experienced law firm was able to fight for this client against the insurance company to make sure she received the whiplash settlement amount she was entitled to for her medical care, lost time off work, and pain and suffering.
Liability was clear, and there was no comparative negligence on the injured driver. The injured man suffered a head injury when the truck rolled. He also suffered neck injuries and to his left shoulder and leg. He went to a spine and rehab center in South Florida for evaluation a few days after the accident. He suffered from radiating pain in his mid-back and neck. His pain level was 9 out of Bending and twisting his body and turning the head made his pain worse. The exam showed he had less range of motion in the spine and muscle spasms in the spine.
He also had a cervical neck strain and sprain, a thoracic strain and injury, and neck contracture. I was completely unprepared for the hit, and had my head turned to the right at the moment of impact.
I was jolted forward and back, and I struck my head against the headrest. I pulled over to the shoulder and exchanged information with the other driver.
After exchanging information, I got back in my car and began driving home. At this time, the pain in my neck and other symptoms began to worsen. The next day following the accident, I woke up with substantial neck pain and discomfort along with a throbbing headache. I decided to go to work, although I was suffering from significant neck pain and headaches. I took Motrin in the morning for pain relief, however my pain continued to progress throughout the day.
Although the impact to my vehicle was moderate, I was still experiencing severe pain. It was difficult to make it through the day at work, so I ended up leaving work early due to my pain.
At this point, I knew that I needed to seek professional medical attention for my injuries. I woke up the next morning and still felt stiff and sore. I decided to call a Chiropractor near my home to go in for an adjustment.
Luckily, the chiropractor told me they had an appointment available that morning so I immediately went in for treatment. At this time, my neck pain was throbbing, achy, and stiff. My headaches were sharp, and I felt a pressure-like sensation behind my eyes. I had shoulder pain and stiffness, and it was difficult for me to rotate my head in any direction. The chiropractor examined me, and advised that I sustained a whiplash injury to my neck which was the cause of my pain and symptoms.
He recommended that I continue treatment with him twice a week for 4 to 6 weeks. It is used to treat whiplash injuries, muscle spasms, stiffness, and tightness. After my appointment, I felt some minor pain relief.
The next day, I returned to the chiropractor for a second appointment. It had only been a few days since the accident and I woke up with left and right shoulder, neck, and mid back pain.
My headaches were still present and not subsiding. The Chiropractor examined me and found tenderness to palpation over the deltoid and bicipital groove of the right shoulder. Range of motion of my shoulder was painful on right lateral flexion with tightness. Examination of my neck cervical spine revealed tenderness on palpation over the cervical paravertebral musculature at the level of C1-C7, bilaterally.
My cervical range of motion was restricted and painful. As a result of my ongoing pain and symptoms, the Chiropractor prescribed me an X-ray of my neck which he took in office that day. The X-ray revealed the following:. My Chiropractor explained that I sustained a significant whiplash injury to my neck as a direct result of the rear end impact.
Although whiplash may not sound like a serious injury, it can greatly effect ones life and activities of daily living.
Most people recover from whiplash injuries within a few weeks after an accident, however there are reports of neck and shoulder pain years after sustaining a whiplash injury. Whiplash can lead to chronic neck pain which causes a significant reduction in your quality of life.
After sustaining a whiplash injury in a car accident, it is important to seek professional medical care and treatment in order to diagnose and treat the underlying injury, and prevent it from progressively worsening.
My chiropractor advised that all of the pain and symptoms that I presented with were consistent with a whiplash injury. For these reasons, I continued treatment with the chiropractor over the course of six weeks.
The goal of my chiropractic treatment was to treat my whiplash injury by control pain, and improving the active range of motion in my neck. My Chiropractor advised me to ice my neck and shoulders at night after treatment and use heat and compression to treat the pain.
These methods seemed to be helpful, however I continued to have significant pain and discomfort in my neck, mid back and shoulders. I was prescribed Flexeril for pain which helps with muscle spasm and tightness. It was difficult for me to find a comfortable position to sleep at night which lead to insomnia. On my last chiropractic visit, I still had residual pain and stiffness in my neck, shoulders, and mid back.
My daily headaches had subsided, however I continued to experience mild-to-moderate headaches times a week. Prior to the rear end accident, I never had headaches so I knew that my injuries were caused from the crash.
My Chiropractor advised that I would require future medical care and treatment for my injuries. I was discharged from care with instructions to seek further chiropractic and physical therapy treatment as needed, including but not limited to such modalities as hot packs, massage, X-rays, TENS treatment, and strengthening exercises. When my chiropractor discharged me from care, I knew that it was time to submit a whiplash settlement demand to the at fault drivers insurance company to be compensated for my injuries.
I called him the next day and requested a copy of my medical records and bills. At first, I was a bit apprehensive to submit my settlement demand because I knew that insurance companies try to downplay whiplash injuries and offer substantially less compensation. After reviewing my medical records, I summarized my medical care and treatment and made sure to let the insurance company know what I went through as a result of their drivers negligence.
I had missed days from work and suffered from significant pain on a daily basis. I was unable to complete my activities of daily living such as cooking and cleaning the house. The worst part was that even playing with my small children caused me pain and discomfort in my neck, back, and shoulders. I was shocked. I rejected the offer again. At this time, I was frustrated. They enclosed a car accident settlement release for me to review and sign.
I accepted, signed the release, and my check was issued within 5 days. It was such a relief to settle my case and I was happy that I would have an allowance to cover the cost of my future medical care and treatment. According to medical experts , whiplash injuries usually result from a collision that includes sudden acceleration or deceleration.
Rear-end car accidents are a common cause of whiplash injuries. It happens when a vehicle strikes your car, causing the body to jerk forward quickly. The head usually trails by a second, causing injuries to the muscles and soft tissue in the neck as it makes exaggerated movements due to the force of the crash. Fortunately, it is fairly easy to prove fault in these cases. In other types of car accidents, whiplash occurs from the sheer force of the collision and the effects that force has on the head, neck, and other body parts.
The sudden forward and backward or side to side movement that often occurs during a car accident can cause a whiplash injury. Note that whiplash symptoms can develop days or even weeks after the accident.
If at any point after your accident, you experience neck or back pain or stiffness, difficulty moving your head, or frequent headaches at the base of your head, seek medical attention immediately. The movement pulls the cervical spine beyond its usual range of motion, damaging the muscles and ligaments in the neck. Whiplash can be deceptive, with symptoms often not presenting for hours or even days after an accident.
Common symptoms include headache, blurred vision, dizziness, and neck pain. While many whiplash injuries can be relatively minor, whiplash can have long-term effects on a person.
Chronic pain and discomfort are possible in people suffering from whiplash. Most, however, recover in about three weeks. As we run errands or sit in traffic, we rarely consider the sheer weight and force required to get us from one place or another.
Not surprisingly, that weight can have a serious impact on the human body. While vehicle manufacturers are continually improving safety features, whiplash injuries are still incredibly common.
Sudden stops can cause serious damage even when a person does not sustain cuts, bruises, or wounds in a crash. Fortunately, there are a few steps a person can take to minimize the impact of this force on the body and prevent whiplash from occurring. Having the headrest properly adjusted can reduce the severity of such movements in a collision. A headrest should sit directly behind your head while driving. Adjust it as close to your head as is comfortable, with the height reaching to the top of the ears.
Ideally, there would be no space between your head and headrest. Realistically, that would be both uncomfortable and impractical. Instead, limit the space as much as possible. Distances greater than 10 centimeters have been associated with increased symptoms of neck injuries. Wearing your seatbelt can also help reduce the chances of a whiplash injury.
Though seatbelts may not keep your head from jostling in a wreck, they can help keep your torso in place. This complements the work done by the headrest, keeping your entire body in place despite the amount of force it endures.
The reduction of strain minimizes the effects of whiplash. Of course, the best way to avoid whiplash is to prevent car accidents altogether.
By driving defensively and staying alert to changing traffic conditions, you can lower the odds of ever being involved in a wreck. While not all collisions are avoidable, many of the most common kinds of accidents are indeed preventable. Modern cars are designed to absorb as much energy as possible in crash situations. Rather than pass the energy onto the passengers, vehicles offset collisions by using crumple zones to bear the impact of the crash.
Airbags, seat belts, and side-impact protection can go a long way to prevent the force of the wreck from harming passengers inside. Headrest effectiveness has become a particular point of focus for safety regulators in recent years. Newly introduced federal standards on the height of head restraints and the allowable distance between the head and the headrest have seen dramatic changes in the way car interiors are manufactured. Your Texas auto accident attorney handles cases involving whiplash all the time.
The only thing you can do is have your doctor testify that you had the signs and symptoms of whiplash. You may have to wear a neck brace for a few days. Your doctor may prescribe muscle relaxers or pain medication. However, with whiplash, it just has to heal itself. This can take days or weeks. Very rarely does it take longer than this. If someone has whiplash and is still complaining months later, their doctor may be skeptical. So be honest about your injury. He can only get you compensation for the injuries you actually suffered.
You get whiplash when your neck is stretched too far in one direction. You will need medical care. Whiplash really does heal itself. Juries know this,. So does the insurance company. You may even miss some time from work. The only way to prove this injury is to have your doctor testify on your behalf. They see so many motor vehicle accident victims and a lot of them have whiplash.
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