How Much Is a Whiplash Claim Worth in a Lawsuit?
Whiplash is a common injury in motor vehicle accidents. It occurs when the neck suddenly snaps back and forth, causing a painful sprain or strain that can disrupt your life for a long time.
While the severity of whiplash can vary, its impact on an accident victim’s life can be significant. As a result, many sufferers need to file a whiplash claim to seek compensation from the person or entity that caused their accident. The minimum payout for whiplash can depend on several factors, including how the accident occurred and the full extent of all your injuries. By working with a Phoenix personal injury lawyer, you can better understand what a fair settlement for whiplash is and how much compensation you deserve for your losses.
Understanding Whiplash Injuries
Before diving into the legal aspects of whiplash injuries and your right to bring a whiplash claim, here is a brief explanation of these types of injuries and the potential consequences. Unfortunately, many accident victims can expect immediate challenges after the accident, as well as an impact on their long-term goals, overall life enjoyment, and financial future.
The Basics of Whiplash Injuries
Whiplash results from the rapid back-and-forth movement of the neck, somewhat like the cracking of a whip. This abrupt motion can cause damage to the soft tissues in the neck, such as ligaments, tendons, and muscles, leading to a range of symptoms. These may include neck pain and stiffness, headaches, dizziness, blurred vision, and even difficulties with concentration and memory.
Potential Consequences of Whiplash on Daily Life
The severity of whiplash symptoms can vary widely from person to person. Some people may recover within a few weeks with appropriate care, while others may experience pain and other symptoms for several months or longer. This can interfere with daily activities, including work, exercise, socializing, driving, and even simple tasks, such as reading.
People with serious whiplash injuries often struggle to enjoy the activities they previously took for granted, especially if they regularly engaged in physical activities in the past.
Possible Long-Term Effects of Whiplash Injuries
In severe cases, whiplash can result in chronic pain and long-term disability. Some people may develop whiplash-associated disorder, a condition that typically displays a wide range of physical, cognitive, and emotional symptoms that persist for more than six months.
When complications disrupt an accident victim’s life for months or even years after the accident, they may struggle to make ends meet. In these cases, it’s crucial to accurately determine the full value of whiplash awards when negotiating a settlement or bringing a lawsuit.
What is a Fair Settlement For Whiplash?
Understanding the potential value of a whiplash injury in a lawsuit is key to making informed legal decisions. Every whiplash case varies, and settlement amounts can depend on many factors.
Factors That Influence the Value of Whiplash Compensation
Several factors can influence the value of a whiplash claim:
- The severity of your injury: If you suffered severe whiplash in an accident, you can expect to file a claim for a larger amount than if you suffered relatively minor injuries.
- The cost of medical treatment after your injury: Medical treatment costs can rise after any accident, leaving you struggling to determine how you will be able to pay your bills.
- Whether you lost income as a result of your injury: Following an accident, you may miss work for several days or weeks, especially if you suffered chronic whiplash symptoms.
- Your pain and suffering, including the physical pain relating to your injury and the emotional struggle you faced during recovery.
- Whether you had to change profession or leave your job because of whiplash.
- The likelihood that you will continue to suffer pain or disability because of your injuries.
If the at-fault party acted intentionally or egregiously, you might have the right to request punitive damages. These damages are meant to punish someone for their behavior and are not commonly awarded. Furthermore, the insurance policy that covers the liable party could limit your ability to recover compensation for a whiplash claim.
How Do You Calculate Whiplash Compensation?
An experienced personal injury lawyer can calculate the damages you can claim for a whiplash injury by adding up your financial losses relating to the injury (such as medical expenses and lost earnings) and including an additional amount for pain and suffering.
While bills and receipts are evidence of medical expenses and lost income, pain and suffering can be the most challenging part of valuing a whiplash claim because it can be difficult to quantify pain and suffering in monetary terms. A knowledgeable injury lawyer can explain how to do this most effectively since pain and suffering can be worth a lot if they substantially influence your life.
The Value of Your Whiplash Settlement Will Depend on the Severity of Your Injuries
The severity of your whiplash injury plays a significant role in the value of your claim. A mild whiplash claim that resolves quickly may not warrant a high payment. A severe case, however, especially one involving long-term or permanent disability and requiring extensive medical treatment, will most likely result in a higher claim value.
The consequences of your injuries on your life, including the overall suffering that the accident caused, can also influence how much compensation you can recover.
What is The Legal Process for a Whiplash Claim?
Before securing compensation for a whiplash injury, you must navigate the legal process. Working with a skilled whiplash injury attorney can make it much easier to establish the full extent of damages you sustained and seek the compensation you deserve.
Filing a whiplash claim can prove complicated. However, by following the right steps, you can feel confident that you have provided the necessary evidence needed to secure the compensation you deserve.
Talk to an Experienced Attorney
Contact a qualified legal professional as soon as you realize you sustained whiplash injuries in your accident. An attorney can walk you through each stage of the claim process and ensure you fully understand your right to compensation.
Thoroughly Investigate Your Accident
Your attorney will investigate how your whiplash injuries occurred and the extent of the damages that the accident caused. A thorough investigation allows your attorney to collect witness statements, review documentation from the accident scene, and even visit the location to better understand what likely caused the accident.
Your attorney may sometimes hire an expert in accident reconstruction to provide a complete account of the probable causes of the incident and explain how you were injured.
Submit Your Claim
To file a whiplash claim, your lawyer will create a demand package and submit it to the liable party’s insurance company. Your attorney can ensure you have a clear, compelling claim that details the accident, the damages you sustained, and the compensation you expect for your whiplash injuries.
The insurance company will review the evidence and collect its own evidence relating to the case.
Negotiate For a Fair Whiplash Settlement
The negotiation process begins once the insurance company examines all the evidence relating to your case. Soon after reviewing your case, the company may issue a settlement offer. Unfortunately, this offer will likely cover only a fraction of the damages you sustained in the accident.
Your lawyer will then work with you to determine whether you want to accept a settlement offer or send a counteroffer in response. Throughout the process, you always have the right to turn down a settlement offer that does not fit your needs.
File a Civil Lawsuit to Resolve Your Whiplash Claim
If you cannot reach an agreement with the insurance company through negotiation, you may need to go to court. Your attorney would present your case, including the evidence relating to the accident and the damages you sustained, and ask the court to issue an award for the damages you suffered.
What Evidence is Needed to Prove How Much a Whiplash Claim is Worth?
Evidence is crucial in proving a whiplash injury. This can include photographs of the accident scene, witness testimonies, and, most importantly, medical reports detailing the extent and nature of your injuries. A lawyer can collect the evidence needed to establish the cause of your whiplash injuries and the damages and losses you dealt with.
The Importance of Medical Documentation
Documenting your medical treatment from beginning to end is arguably one of the most vital aspects of a whiplash claim. These records can reveal the severity of your injury, the treatments you received, and the costs, all of which help determine your claim’s worth.
Your medical records can also help support future anticipated damages relating to a whiplash injury, including whether you will continue to need medical treatment or if chronic symptoms could interfere with your ability to return to work.
The insurance company may bring in medical experts to argue that you do not need the full treatment you claim or that your injuries should not reasonably cause the limitations outlined in your claim. By working with your medical care providers, however, you can fully display your needs relating to the accident.
Legal Representation Can Be Invaluable During the Whiplash Claim Process
Having a lawyer on your side can make all the difference when pursuing a whiplash claim.
While you focus on recovering from your injuries, an attorney can shoulder the legal aspects of your personal injury claim. Here are some of the many benefits you’ll experience when you partner with a dedicated personal injury law firm.
- They can build a strong case showing the other party’s liability for the accident. Without an attorney, you may struggle to prove liability, especially in cases where it can be challenging to collect important evidence.
- They can argue for the compensation you deserve. An attorney can ensure you know how much compensation to expect—which can prevent you from accepting a low settlement offer—and they can also fight with the insurance company on your behalf.
- They can guide you through the complex legal process of a whiplash claim, making you more confident that you have done everything necessary to recover fair compensation for your injuries.
- They can provide you with comprehensive legal advice covering all key elements of the legal process without charging you upfront for legal services.
In fact, studies have shown that, even after covering their legal fees, injury victims who work with lawyers receive far more compensation than they could have otherwise.
Common Misconceptions About Whiplash Lawsuits
Unfortunately, many people share misconceptions about whiplash lawsuits. Let’s dispel some of the false information concerning whiplash claims.
#1: It’s Easy to Fake a Whiplash Injury
Many people think that faking a whiplash injury is simple. They may even believe that people might take a claim to court to recover compensation despite not sustaining real injuries.
Medical professionals, however, can easily distinguish between a real injury and a false claim. They can also provide the legal proof necessary to establish a whiplash injury.
#2: It’s Not Worth Pursuing a Legal Claim for a Minor Injury
Whiplash injuries can prove relatively minor for some victims. You may recover smoothly and get back to work soon after your accident. Even a minor injury, however, can lead to substantial medical bills, for which you may deserve compensation. A lawyer can determine what compensation you can expect as part of a whiplash claim and help you decide if it is worth pursuing.
Robert W. Boatman, Personal Injury Attorney in Phoenix
Tips for Maximizing the Worth of a Whiplash Settlement
Getting immediate medical attention, documenting everything, and hiring a lawyer can all maximize the worth of your whiplash claim. Each step contributes to building a stronger case that accurately represents the full extent of your financial losses, including pain and suffering due to the injury.
Contact Gallagher & Kennedy to Help You Recover the Best Settlement For Your Whiplash Claim
The value of a whiplash claim depends on a range of factors, including the severity and consequences of the injury, the associated costs, and the quality of your legal representation. While the process will entail challenges, understanding these factors and seeking professional advice can allow you to pursue the compensation you deserve.
Contact a dedicated personal injury attorney at Gallagher & Kennedy as soon as possible after your accident to get the legal support you deserve. Call us at (602) 530-8400 or fill out our online contact form for a free consultation today.