Average Whiplash Lawsuit & Settlements
If you have suffered whiplash as the result of a motor vehicle accident, you should seek medical attention as well as the advice of a qualified and dedicated motor vehicle accident attorney. You may be entitled to financial compensation for your physical injuries, damage to you vehicle, lost wages and more.
Don’t delay, as the more time that passes after your accident, the more difficult it can be for an attorney to fight for financial compensation. Witnesses to your accident can go missing or forget what they saw and you may even be locked out of court through a statute of limitations if you wait too long to assert your legal rights.
Need Help Figuring Out What Your Claim is Worth?
Speak with an experienced auto accident attorney today
- How Much is Your Injury Claim Worth?
Car accident whiplash is one of the most common injuries that occurs in auto accidents, typically resulting in a neck and/or back injury. Below are common accidents that cause car accident whiplash, info on whiplash settlement amounts, whiplash lawsuits, and what to do if you think you have whiplash from a car accident.
- Car Accident Whiplash Injury Causes – Whiplash is a very common injury and can occur days or even weeks after the accident. It happens when a car is hit, causing the body to jerk forward quickly. The head usually trails by a second, causing injuries the muscles and soft tissue in the neck. Most commonly, whiplash occurs when someone if rear ended or hit from behind. These accidents are typically easy to prove fault, as the person who did the rear ending is almost always at fault.
- Average Whiplash Settlements:While average settlement amounts vary, the nationwide average is somewhere between $10,000 and $20,000 for neck injuries in car accidents. Severe neck injuries or neck injuries in conjunction with concussions or other brain injuries have settled for 6 and 7 figure sums.
- What to do if you think you have whiplash: First things first, go to your doctor! They can tell you if you do in fact have whiplash or not, and make a proper medical diagnosis. If it turns out that you do have whiplash, it’s a good idea to get any proof of your accident and injuries (medical bills, prescriptions, police and eyewitness reports, pictures of the cars, etc). In almost all cases, it’s also good to speak with an attorney who can take the specific information about your case and injury, apply it to local laws regarding car accidents, and give you a much more informed answer about what your case may be worth and what steps you should take next.
Because these types of injuries can vary so greatly in their severity and average compensation amount, we always recommend that you discuss your options with a local attorney. All the lawyers in our network offer a free initial consultation in which you can discuss the specific details of your situation and go over your options.
The benefit of working with a personal injury lawyer who is experienced with these types of cases, is that they have negotiated car accident settlements and know how to talk to insurance companies, who are trained and compensated to pay you as little as possible. A good attorney can argue for more money for loss of income, ongoing medical treatments, and maximize the amount of compensation you get for your pain and suffering.
Average Settlement payout for Whiplash Injury
What is the average whiplash settlement payout? The answer to this question depends on a multitude of factors… but mainly how fast you or the other vehicle was traveling at the time of the accident or impact. Speed plays a huge factor in auto accidents and in general, the harder you’re the hit, the more severe your injuries will be. 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 your whiplash injury settlement will include whether you have suffered an injury like this in the past, the damage to your vehicle, and the amount of time you treated with a physician or medical provider.
After you get into a car accident people generally suffer from immediate whiplash injuries. Whiplash injuries occur when there is a sudden deceleration of force to your body. Your body experiences this type of injury when you strike another from behind, or when another driver hits you from behind. After you get into a car accident you should call an experienced personal injury attorney to handle your settlement for whiplash injuries.
Need to Speak to an Attorney?
How To Calculate An Average Whiplash Settlement
What is the average settlement payout for whiplash injury? Every case is different and will settle for a different value. Generally, the more severe your whiplash injuries are, the more compensation you will receive. Assuming the other driver was at fault, you’re probably going to get compensated for the following:
- Initial Medical Bills
- Ongoing Medical Treatment (Chiropractic care is generally needed when recovering from a whiplash injury)
- Loss of income
- Pain & Suffering
- Property Damage
For example, let’s say you were just rear-ended by another driver while stopped at a red light. The other driver was traveling at a speed of 10 miles-per-hour and didn’t hit the brakes before impact. You suffered a whiplash injury to your back and neck and experienced the immediate onset of pain. You began treating with a chiropractor for three months after the accident and you incurred ongoing medical bills that totaled $5,000 dollars. In a case such as the above, the injured party will most likely receive between $8,000 to $15,000 for the medical portion of the whiplash settlement.
Now let’s say you couldn’t work for a month, and you make $10,000 per month, and your car repair bills were $2,000. You’re now looking at total damages in the range of $21,000 -$28,000.
Based on the severity of injury and its impact on your day to day life, insurance companies will often also multiply the amount of your medical bills by a number between 1 and 5 to account for pain & suffering and negative effects on your lifestyle, such as not being able to do the things you enjoy, help your family around the house, play with your kids, etc.
The number you get depends on the factors involved in your individual case, will obviously go a long way in getting you the biggest auto accident settlement possible for your whiplash lawsuit. This is probably the biggest reason to speak with an experienced attorney following your car accident whiplash injury – $25,000 multiplied by 2 is a big number, but $25,000 multiplied by 5 is a much bigger number.
Whiplash Settlement Calculator:
Have you been involved in a motor vehicle accident causing a whiplash injury? Find out how much financial compensation you may be legally entitled to in just minutes with our free online Whiplash Settlement Calculator.
Whiplash injuries can be serious and cause long term, debilitating effects and symptoms. If you have a whiplash injury to your neck, there is a chance that you will require extensive medical treatment for the damage done to your spine and neck from your whiplash injury. Thus, your medical bills will be higher, and your case will ultimately settle for a higher value then someone who was, for example, tapped from behind by a driver going 1 mile-per-hour. If you were involved in a car accident and are suffering from a whiplash injury, it is important to contact an experienced personal injury attorney immediately. Your attorney will get you setup with doctors who will treat your whiplash injuries and get you on your way to receiving your whiplash injury settlement.
Whiplash Frequently Asked Questions:
Most whiplash injuries are minor to moderate, and involve days, weeks or months of discomfort. But rehabilitation and recovery are generally possible. But in the most severe car accidents, it is possible for a whiplash injury to be fatal.
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.
Whiplash is a common neck injury after a car accident but filing a claim for compensation for this injury can be problematic, as insurance companies tend to think that whiplash injuries, which cannot be viewed on x-ray, tend to be exaggerated.
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 do not produce symptoms for several hours or days after the crash.
Your doctor, being aware of your accident, will be looking for signs of a whiplash injury, and will be noting these signs in your medical records. If you wait a week after the accident to see your doctor, the insurance company will contend the whiplash was caused by another injury.
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
- Lower and upper back pain
- Jaw pain
- Serious headaches
- Numbness and weakness in legs and arms
- Ears ringing
- Blurred vision
- 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.
Will hiring an attorney to negotiate my whiplash settlement pay for itself? Does the (hopefully) increase in settlement amount justify the attorney fees in most cases?
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 claim without a lawyer. In a case where injuries are minor, it is possible to handle your own settlement in a more economical fashion than with the use of an attorney.
To understand if you can represent yourself in a 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 insist upon making a personal injury claim without an attorney, your best bet is 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. With this information, you may be able to show the insurance company making payment that you have suffered whiplash.
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 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 in a car accident. 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 crashes 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.
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. 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.
After being involved in a collision and seeking medical attention, you discover you have whiplash. Depending on how severe your whiplash may be will help determine how you can estimate a settlement value for your whiplash. Oftentimes an attorney will total up your medical expenses as well as your wages lost and property damages. Then depending on the severity and pain level you can multiple the sum of all the other damages, you can multiply the pain and suffering factor in and get an estimate for your individual case.
Insurance companies as well as personal injury attorneys have a general recipe they rely on in order to come up with a starting number to get the negotiating started. 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.
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 settlement value for whiplash is you must understand that whiplash is a soft tissue injury with generally a quick recovery time. Although, whiplash can be extremely discomforting and painful, compensation for whiplash injuries can range anywhere from $2,000- $10,000. In more severe whiplash cases that require rehabilitation and physical therapy, the settlement value can be as high as $30,000.
One example of a whiplash case settlement involved a rear end collision that is commonly how whiplash is sustained due to the sudden back and forth jolt. The driver who was rear-ended was diagnosed with whiplash and spent a month receiving physical therapy treatments costing $4,300 in medical expenses. She also missed four workdays costing her $800 in lost income and factoring in pain and suffering brought her settlement to $13,700.
I am suffering from delayed whiplash after a car accident. Can I sue if I didn’t say anything at the time of the accident?
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.
Whiplash falls under the category of a soft tissue injury however; the pain can affect your everyday activities and make it extremely difficult to even get a good night of sleep. Since whiplash is a soft tissue injury, settlements are generally estimated between $2,000 and $10,000 however, depending on circumstances have the possibility to reach higher amounts. There are many different answers for this question and that’s because there are many different unique factors that go into each individual case. Unfortunately, when a settlement is provided by the insurance company, the average settlement for sustaining whiplash from a car accident might only be enough to cover your income lost during recovery time and medical expenses. Some factors involved while estimating a whiplash settlement include:
- Medical expenses
- Loss of income
- Future medical expenses
- Loss of mobility
- Physical therapy
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. A car accident at higher speeds can cause disc 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 common in 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.
FREE ACCIDENT INJURY CONSULTATION
- Get Started