Whiplash Car Accidents Settlement Guide

Unlike many other car accident injuries, whiplash injuries are classified by grade of severity, with 0 being almost no injury at all and grade 3 being the most severe whiplash injury possible. As with most car accident settlements, the severity of the injury suffered in the crash will have the biggest and most direct impact on the amount of compensation you’re entitled to. With whiplash injuries after a car accident, it’s helpful to look at some average payouts for whiplash grade 3, 2, and 1. You can safely assume if you have a grade 0 whiplash injury that your settlement will probably be a thousand dollars or less, which is usually something you can handle yourself without hiring an attorney.

Here are the whiplash payouts by grade: for each of the 3 whiplash injury grades, excluding 0.

Grade 3 Whiplash Average Payout: $10,000-$20,000, sometimes more. The payout for grade 3 whiplash is largely dependent on whether or not there are neurological symptoms going along with the whiplash injury.

Grade 2 Whiplash Average Payout: $5,000-$10,000. The amount of compensation you’ll receive for a grade 2 whiplash injury will probably be under $10,000, but might be higher in some cases depending on how difficult it is to do things like sleep or turn your head. Someone who can’t sleep well for 6-12 months (not uncommon with a moderate whiplash injury) will likely get a decent pain and suffering multiplier, and a high earner who can’t work for awhile may lose out on over $10k in income alone.

Grade 1 Whiplash Average Payout: $2000-$5000: These more mild whiplash injuries will usually have payouts of less than $5,000 due to the relatively short recovery time. Usually after an initial doctor or ER visit, the only medical bills will be some chiropractic appointments and maybe a neck brace or some pain meds.

Yes, you can get whiplash from a side impact crash or T-bone collision. Whiplash occurs when the victims head and neck is jolted rapidly in a quick forward and reverse motion causing pain, stiffness, headaches and dizziness.

Because of the absence of safety features installed in the side panels of vehicles, side impact collisions cause a large variety of injuries. Some common injuries sustained from a side impact collision include:

• Whiplash
• Back injuries
• Shoulder injuries
• Hip and leg injuries
• Paralysis
• Traumatic brain injuries
• Muscle and ligament tears
• Chest and rib injuries

Most whiplash injuries are what are considered to be soft tissue injuries. Most whiplash injuries suffered in car accidents are considered mild to moderate injuries. These would be defined as injuries that involve days, weeks or months of discomfort and recovery. But rehabilitation and full recovery are generally possible within 6-12 months in the vast majority of whiplash cases.

But severe whiplash can occur in car accidents, and the results can be devastating. If a car is struck at high enough speed, extreme whiplash can result. This might lead to the cervical bone to fracture. This bone protects your spinal cord and is connected to the part of the brain that runs your heart beat and breathing. So, if the crash is severe enough, it is possible for whiplash to be fatal.

A fatal whiplash injury, while extremely rare, may also change the landscape of your car accident settlement negotiations. Once an auto accident victim has died from the injuries they suffered in the crash, there may be a different set of rules and/or statute of limitations governing wrongful death car accident claims. Some states wrongful death laws mirror the personal injury and car accident laws in that state, but others differ. It’s helpful to speak with a local car accident attorney who can easily explain the differences to you.

Whiplash is a common neck injury after a car accident. However, filing a claim for compensation for this injury can be problematic. Many insurance companies hold the view that whiplash injuries, which cannot be viewed on x-ray, tend to be exaggerated. As a result of this, many insurance companies will start with a very lowball whiplash settlement offer.

The best way to ensure you will get compensated for your whiplash injury is to get to a doctor immediately after the crash if you feel even a twinge of pain or discomfort in your neck or back. Many serious neck and back injuries after a car accident do not produce symptoms for several hours or days after the crash. Make sure to exchange all information with the at fault driver even if you feel fine as a safety measure in case symptoms pop up later.

But the amount of time someone has to file a whiplash claim, legally speaking, is determined by the statute of limitations for auto accident cases in the state where the accident happened. Most states have a 2 year time limit from the date of the accident to file a claim for whiplash or any other injury you may have suffered in the accident. However some states have a 1 year statute of limitations and a few have 3, 4, and even 5+ year time limits to file your car accident settlement.

Side impact car wrecks are commonly referred to as T-bone accidents. They often have a more severe effect on the body than a frontal or rear end collision. Side impact car accidents kill at least 8000 people per year, more than rear end and frontal collisions combined. The problem with T-bone crashes is drivers and passengers are much less protected by the sheer mass of the front and rear of the vehicle. While there are side protection air bags on cars, violent T-bone collisions can result in very serious injuries. And yes, you can suffer severe whiplash from one of these accidents.

A whiplash injury is a serious injury. The pain and limited motion of this serious neck injury can last weeks, months or years in the worst cases. It is common for car accident victims to have chronic, long term neck pain and headaches for years after a whiplash injury. The nagging, long term pain is usually caused by severe damage to discs, ligaments and neck joints.

If you have a whiplash injury after a car crash, you should get medical attention right away. Getting treatment to reduce pain and swelling immediately will probably reduce the odds of the injury bothering you for months or longer.

If your whiplash goes completely untreated, you could face serious chronic whiplash symptoms:

• Pain and stiffness in the shoulders and neck
• Dizziness
• Lower and upper back pain
• Jaw pain
• Serious headaches
• Numbness and weakness in legs and arms
• Ears ringing
• Blurred vision
• Irritability
• Problems with memory and concentration

If you do not get prompt medical treatment, your whiplash symptoms could linger for months or longer. See a doctor right away if you have any neck pain from a car accident.

There are some soft tissue injury accident cases where you may be able to represent yourself. If you have a minor soft tissue injury such as whiplash that consists of a sore neck for a few days and little more, this is the type of case that you may be able to handle on your own with the insurance adjuster.

That said, there are many other times where a more serious whiplash injury should involve an attorney on your side, and his expertise will probably net you more money even after he takes his contingency fee. Insurance companies notoriously dislike serious whiplash claims; they involve a lot of doctor visits, chiropractor visits and physical therapy, and the injury does not show on x-rays. So, if your whiplash is causing you weeks or months of pain, you really should hire an attorney.

Some people can effectively handle their own minor car accident settlement without a lawyer. In a whiplash settlement claim where injuries and financial losses are minor, it is possible to handle your own settlement in a more economical fashion than with the use of an attorney. Just keep in mind that your time isn’t free, and the fees that you pay to auto accident attorneys isn’t just for their legal expertise – it’s for the fact that you don’t have to sit on hold with doctors and insurance companies for hours on end!

To understand if you can represent yourself in a car accident whiplash settlement, you need to get a firm idea of how injured you are. One of the challenges with whiplash injuries is they are not seen on conventional x-rays and similar diagnostic screenings. So, proving that you have suffered whiplash on your own can be challenging. If you’re planning on negotiating your whiplash settlement yourself, it’s always a good idea to see a physician as soon as possible after the crash. The doctor will note your level of pain and injury in your back and neck, and probably assign a grade of whiplash to your injury. With this information, you may be able to show the insurance company making payment that you have suffered more serious whiplash.

The next step in the process would be to write a whiplash settlement demand letter and send it to the at fault driver’s insurance company. Be sure to include any and all medical records & bills as well as receipts for the damage to your car. If you had to miss work because of the injuries or subsequent doctor visits be sure to calculate how much money you’ll be giving up by missing work. If your daily life and activities have been impacted in any way, you should also factor in a pain & suffering multiplier in your car accident settlement claim. But remember, insurance companies are notorious for denying or reducing whiplash claims. So, in a more serious case, you still may consider hiring an attorney to represent you.

Whiplash is a serious soft tissue neck injury that happens in a car accident. The head of the victim is suddenly thrown forwards and backwards. Many people who are in rear end car accidents will suffer whiplash, and some of these accidents can be relatively minor.

Typically, a whiplash injury has a slow onset period. Many accident victims are unaware that they suffered any injury at all until possibly hours or days after the crash. Because of this fact, many accident victims do not seek treatment. They hope the pain will not last long and they will start to feel better in a few days or weeks.

This is not a good decision. A whiplash injury can linger for weeks, months or years, depending upon the speed of the crash and severity of the injury. Even with serious whiplash injuries, it is possible for the accident victim to feel no pain for 12 hours or more. So, it is important to be checked out by a doctor as soon as possible after the accident.

Whiplash is a neck injury that occurs by the sudden forward and backward motion of the head. Most commonly, whiplash occurs in a car accident when one car hits another from behind, also known as a rear end collision. Whiplash is a common injury that result even after a minor car accident.

A minor crash can cause whiplash if the vehicle comes to sudden and full stop. Rear end collisions are the most likely reason a whiplash injury can occur in a minor car accident. The amount of force pushes into the car seats and this jolts the occupants’ heads forward and backward suddenly. The head rest can help to reduce this jolting motion when the head is traveling backwards, but usually most of the damage has been done.

If you have suffered a whiplash injury in a minor accident, it is critical to be examined by a doctor as soon as possible after the incident. Getting your injury detailed by a doctor will be very important for making a claim later. Insurance companies are notorious for low payouts for whiplash settlements. Because they don’t show up on x-rays or MRI scans and don’t have any external signs of injury like stitches or bruising, average whiplash settlements are often smaller than other average car accident settlement amounts.

Generally, each State will have the same guidelines regarding whiplash however, each State has their own laws. Specifically the statute of limitations when filing a claim against personal injuries will vary from State to State. That is why it’s important to seek medical attention immediately, report your injuries and file a claim within 2 years of the accident. Be sure to know your States laws regarding filing a personal injury claim so you don’t let the statute of limitations run it’s course.

Although whiplash is technically considered a soft tissue injury, it is not an injury to be taken lightly. This type of injury affects your neck and the surrounding muscles of your spine, generally when the head is forced forward and back again, often as a result of a rear end car accident.

\Whiplash causes severe stiffness and pain in your neck, shoulders and head. You may also experience migraines, blurred vision as well as temporary loss of mobility in your neck. Benefits of receiving physical therapy treatment can relieve the tension and allow you to recovery from the injury. This will also help strengthen your neck and shoulder muscles and prevent any future whiplash injuries.

If you’re in the process of trying to negotiate a whiplash settlement for your injuries, it’s probably a good idea to finish any physical therapy, chiropractic, and any other medical treatments before submitting a final whiplash settlement demand…. often the whiplash settlement amount will be less if you sign a settlement agreement before you’ve finished all medical treatments and know the full extent of your whiplash injuries.

After being involved in a rear end collision and seeking medical attention, you discover you have whiplash. The amount you should ask for your whiplash settlement will very depending on a number of factors. In most whiplash settlements you or your attorney will total up your medical expenses as well as your wages lost and property damages, and then ask for a multiplier for your “pain and suffering”.

The pain and suffering multiplier in a whiplash settlement usually ranges from 1-5, with one being the least severe and five being the most severe. A pain & suffering multiple of 1 is typically indicative of very minor injury with little to no recovery time. A pain and suffering multiple of 4 or 5 means serious, long term injuries and/or disabilities are present that will likely last a lifetime. Most whiplash settlements will fall somewhere in between, so assuming you’re not on either extreme, you should probably ask for somewhere in the 2-4 range, depending on the severity.

Speaking to legal and medical professionals is a key step here – a good thing to know is what grade of whiplash your injury was assigned. Whiplash injuries are graded on a scale from 0-4 in terms of severity, and whiplash settlements can vary greatly by grade of whiplash.

Depending on the severity and pain level you’re in, give yourself an honest assessment and assign a multiple for pain & suffering, then multiply that number and get an estimate for your individual whiplash settlement.

When it comes to calculating a whiplash settlement, insurance companies and personal injury attorneys have a general formula they rely on in order to calculate the auto accident settlement amount. The formula they follow in order to calculate your whiplash settlement is the same we have in our whiplash calculator. The easiest way to calculate your whiplash settlement is to add up the following items together:

• Medical expenses
• Wages lost during recovery time
• Property damages
• Estimated future medical expenses

Once all of the above has been added, a multiplier is applied to the sum of all the expenses added above. That multiplier is usually a 1-5 and represents the pain and suffering from the injuries sustained from the collision. If the injury is less severe with a speedy recovery the number representing the multiplier will be less. If the injury has caused extreme pain and affected your daily activities with a lengthy recovery the multiplier will be on the higher scale.

There are also a number of online car accident settlement calculators available, including on this website. These will allow you to plug in real numbers for your expenses and damages, plug in an estimated pain & suffering multiple, and get an estimated calculation of what your whiplash settlement might be. But keep in mind, these tools are only as good as the estimated numbers that are input, and since every car accident and every injury are slightly different, these are rarely an accurate depiction of what to expect, more so a starting point for your efforts.

When determining how much compensation you might receive, you must factor in multiple variables. A car accident settlement includes not only personal injury expenses but also property damage values. You must be able to prove the negligence of the opposing driver in order to receive compensation for your personal injuries and property damage. Every collision is different so many different variables must be taken into consideration when determining a settlement. These variables include:

• Medical expenses
• Future medical expenses
• Loss of income during recovery time
• Pain and suffering
• Property damages

When it comes to determining what a fair whiplash settlement is you must understand that whiplash is a soft tissue injury. Because of this, it’s generally considered less severe by insurance companies. Broken bones, lacerations and torn ligaments are all very easy to define and understand injuries – whiplash is much trickier. As a result, a “fair whiplash settlement” can vary widely, and be largely dependent on the victim’s ability to prove severity.

Although whiplash can be extremely discomforting and painful, compensation for whiplash injuries is usually on the lower can range anywhere from $2,000- $20,000. In more severe whiplash cases that require rehabilitation and physical therapy, the settlement value can be much higher – 6 and sometimes even 7 figures. A helpful starting point if you’re suffering from whiplash after a car accident is to see a doctor, and ask specifically what grade of whiplash you have. Whiplash injuries are assigned a number based on severity, and usually a higher whiplash grade means a higher whiplash settlement.

Whiplash Settlement Example: One example of a whiplash case involved a rear end collision settlement. Rear end collisions are a common way whiplash is sustained due to the sudden back and forth jolt that occurs when one car hits another from behind. The driver who was rear-ended was diagnosed with grade 1 whiplash and spent a month receiving physical therapy treatments. Between the initial diagnosis and ongoing treatments, this ended up costing $4,300 in medical expenses. She also missed four workdays costing her $925 in lost income, and had minor repairs made to the vehicle. Factoring in pain and suffering multiple of 2.2 brought her settlement to $13,700.

Whiplash is considered a soft tissue injury that affects the neck and shoulder muscles resulting in sharp pain and swelling surrounding those areas. Delayed whiplash is quite common after being involved in a motor vehicle accident however, even if you are not experiencing the pain immediately, it is important to seek medical attention following the accident. It is important that you do not sign an settlement statement right away and be sure to wait a little to see if any injuries surface a few days later. Once you have signed any type of settlement agreement, there is no chance to file a claim. It is also important to remember that every State has a statute of limitations, which allows you to sue within a certain timeframe that is generally 2 years. However, every State has different laws so be sure to be knowledgeable in regards to your State’s laws.

Depending on who’s data you’re looking at, the average settlement for whiplash injuries after a car accident is somewhere in the neighborhood of $10,000. However, it’s important to keep in mind that this, or any average car accident settlement amount you might find, will be skewed by a few million dollar settlements.

Another thing to consider about average whiplash settlements is co-existing injuries… is that $2,000,000 whiplash settlement the result of solely a whiplash injury, or were there other injuries or factors present? Many times when severe whiplash occurs, there can be traumatic brain injuries, concussions, and broken vertebrae. All of these injuries will increase the amount of the settlement, but were they really due to whiplash?

Related: Average settlement for concussions & head injuries in car accidents

A less talked about factor in calculating car accident settlements is income, but it can play a large role. A surgeon or a high level tech CEO who can’t turn their head or look at a computer screen for a month might lose tens of thousands of dollars in income in that time, which will be included in the settlement offer. A part time, minimum wage earner will probably earn a thousand dollars or less in that same month. Even if all other factors remain the same, the settlement for the surgeon/ceo will be a lot higher simply due to income discrepancy.

Some factors involved in calculating a whiplash settlement after a car accident include:

• Medical expenses to treat the initial whiplash injury, such as hospital co-pays, neck braces, etc.
• Loss of income resulting in not being able to work due to the whiplash injury, or missing work for medical appointments related to the accident.
• Future medical expenses: Many whiplash injuries require ongoing chiropractic care, physical therapy, or both. This can be difficult to estimate in the beginning stages of a whiplash settlement negotiation, so a lot of car accident attorneys recommend finishing treatment before filing a claim for your whiplash injury.
• Pain & suffering/impact on daily life: Generally speaking, the more you’re day to day life is negatively affected, the higher your whiplash settlement will be.

Whiplash can lead to arthritis in some patients. Car accidents that affect the neck can irritate and even tear loose connective tissue in the neck and upper back. This can create weakness that allows the spine to break down faster due to misalignment. The longer your spine is misaligned, the more the neck and spine will wear down joints, discs and muscles.

Some doctors who see car accident victims have found that X-rays show that many have disc disease and arthritis in the neck. This research suggests it is certainly possible that the whiplash injury and resulting disability such as arthritis could be related to each other.
It is important to have your neck pain diagnosed as soon as you can after the accident, so treatment can begin.

Yes. There can be serious injuries from whiplash that can cause neurological problems. When whiplash occurs, concussions and other traumatic brain injuries are usually not far behind. This is because when a car accident occurs with enough force to cause a whiplash injury, the head has likely been forced forward and backwards, or side to side, very violently. When this occurs, something else happens – the brain is rattled around in the head, sometimes smashing into the inside of the skull, which can cause serious brain injuries and as a result, lots of neurologial problems.

A car accident at higher speeds can cause herniated disc injuries and nerve damage, which can cause problems in other parts of the body, as well as neck and back pain that may be severe.

Some patients report they have tingling sensations in their hands and/or feet after a car accident. This can be caused by nerve damage in the neck from whiplash. This is referred to as radiculopathy, which is the medical term for irritation or compression of nerves in the spinal column. It is most commonly seen in car accidents causing injury to the lower back and neck.

Car accidents also can cause a pinched nerve in the neck or spine; this is often a side effect of whiplash and can cause serious pain.

Injuries from whiplash can last days, weeks, months or even years. It depends upon how severe the neck injury was that damaged tissues in your neck and upper back. Some car accident victims report experiencing long term neck pain and/or headaches that can last for years. The nagging pain can be caused by damage to your ligaments, discs and neck joints.

Long term symptoms from whiplash can occur even in relatively minor car accidents where the speed was only 10 MPH. Also, keep in mind that even in a low speed crash at 8 MPH, your head will move approximately 18 inches, and the force can be up to 7 G’s in less than ¼ of a second. Common symptoms of long term whiplash are jaw pain, severe headaches, difficulty sleeping, ringing in the ears, blurred vision, memory problems and irritability.

One of the most common causes of whiplash in a car accident is a rear end collision. If you are stopped at a traffic light and are hit from behind, you probably are not expecting it. There might be only minor damage or none at all. But you still may feel pain in the upper back and neck. Or, you may have a headache or feel dizzy. But the next day, you could feel a lot of stiffness and pain in your neck. Why did this happen?

When you are sitting in the car, usually your head is right over your shoulders. But when you are hit from behind, the impact is unexpected, and your torso will move in one direction, but your head will not follow right away; it will go in the other direction. The torso will snap against the seat back and your head when be yanked back. So, there are two times in a rear end crash where the neck may be hyperextended. This may cause you serious pain immediately or it may take a few hours or days to appear. Regardless, you should be seen by a doctor as soon as possible to confirm if you have whiplash.

The major pain symptoms of whiplash are neck and upper back pain. The pain may start immediately after the accident or take days or even weeks later. Symptoms of whiplash can vary dramatically from one person to another, but usually include one or more of the following:

• Neck and upper back tightness or spasms.
• Pain when you move your head and neck; can be accompanied by headache and dizziness, which are common signs of a concussion.
• Difficulty swallowing and chewing. You also may be hoarse, which points to an esophagus or larynx injury.
• Abnormal sensations in the extremities such as burning or tingling; these symptoms suggest a neck injury affecting nerves that radiate throughout the body.
• Shoulder and/or upper back pain

If you have suffered severe whiplash in a high-speed accident, you may also have injury to your intervertebral joints, discs, ligaments, cervical muscles and nerves of the upper back and neck.

One of the challenges with whiplash and related neck injuries is symptoms may not appear immediately. Car accidents are ‘exciting’ in the physiological sense. Your body produces adrenaline and endorphins right after the accident and may block pain temporarily. Many car accidents can produce a feeling of higher energy and lack of pain. But just because you do not feel whiplash symptoms after the accident does not mean you won’t ever.

Once the release of adrenaline and endorphins fades, you may start to experience neck pain. Most people will begin to feel symptoms within 24 to 72 hours. Therefore, it is vital to visit the ER or doctor immediately after the car accident. You should be checked out by a medical professional to check for accident injuries, including whiplash. If you wait several days to see a doctor when the neck pain begins, this can complicate a future personal injury lawsuit or insurance claim. The other party may argue that your neck pain is unrelated to the accident.

The medical professional should be able to determine if you have a whiplash injury or not from the car accident, even if you do not have major symptoms at present. The doctor will generate a medical report where your injury will be documented. This document will be critical to a future claim.

The recovery time from a car accident induced whiplash injury can vary depending on the severity of the accident/injury, but in general, most whiplash injuries last a few days in minor cases, to 2-3 months for more severe injuries.

According to the National Center for Biotechnology Information, chronic whiplash is defined as a severe type of whiplash lasting longer than 6-12 months.

The treatment for most whiplash injuries is time, ice, physical therapy, massage, and chiropractic care, which can help speed the recovery process for many people.

Lots of accidents can cause whiplash, from a slip and fall to a sports injury, but the most common cause of whiplash injuries is auto accidents. As it pertains to a car accident, the most common cause of whiplash is a rear ended accident, where one car hits another from behind. When this happens, the impact of one car striking another from behind causes the body, followed by the head, to jerk violently forward and then back in a whipping motion, putting severe stress on the neck muscles. Whiplash can sometimes be caused by a side impact (t-bone accident) or a head on collision, but the sudden forward to backward motion caused by a rear end car accident is much more common. In most cases, whiplash will go away on its own within a couple of months, but severe cases of whiplash can last months or even years, and may require surgery.