how much to settle a whiplash injury claim without an attorney

by Estrella Yost 10 min read

On average, settlement for whiplash injuries can range from $2,000 to $10,000. But it can go as high as $100,000 depending on the extent of the injury. There is no minimum settlement amount for whiplash injury.

A court will determine a whiplash injury settlement offer that reflects the extent of your injuries and the way they have impacted your life. Average whiplash settlement amounts may range from: $10,000 to $100,000 for minor neck and back injuries.Jan 9, 2021

Full Answer

How much is the average settlement payout for whiplash injury?

Feb 21, 2022 · The average settlement for whiplash injuries is between $10,000-$20,000. However, it is not uncommon for serious whiplash injuries to settle for much higher. If you suffer permanent disability because of your whiplash, you might expect a settlement in the millions. The more serious your injuries, the more compensation you can expect to receive if you have an …

Can I claim compensation for whiplash?

Sep 09, 2021 · A whiplash settlement can include financial compensation for your physical injuries, damage to your vehicle, lost wages, and more. While the average whiplash settlement for a whiplash injury that has no complications can range from $2,500 to $10,000, whiplash settlements vary greatly depending on the severity of your injuries.

How does a whiplash settlement affect a drunk driver?

Feb 20, 2022 · Whiplash injury claims are filed when accident victims don’t receive enough damages from insurance companies to cover medical expenses, lost wages, and property damages. ... How much lost income will you have? Your attorney will consider all the relevant factors when building your case. Even though whiplash isn’t seen as a serious injury ...

What should I expect in a whiplash lawsuit?

Feb 25, 2021 · According to the Bone and Joint Initiative, hospital bills for whiplash or neck-related injuries cost $52,900-$97,400 in 2013. If you choose to file a whiplash injury claim, you have good financial reasons to do so. That’s because the average bodily injury claim filed through car insurance paid just $18,417 in 2019.

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What's the Average Payout For Each Grade of Whiplash?

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 be...

Can you get whiplash from a side impact crash?

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...

Can whiplash be fatal?

Most whiplash injuries are what are considered to be soft tissue injuries. Most whiplash injuries suffered in car accidents are considered mild to...

How long after a car accident can you claim whiplash injury?

Whiplash is a common neck injury after a car accident. However, filing a claim for compensation for this injury can be problematic. Many insurance...

Can you get whiplash from being t boned?

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 co...

What happens if you don't treat whiplash?

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....

Will hiring an attorney to negotiate my whiplash settlement pay for itself? Does the (hopefully) inc...

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 whipla...

Can I negotiate my whiplash settlement myself?

Some people can effectively handle their own minor car accident settlement without a lawyer. In a whiplash settlement claim where injuries and fina...

How long does whiplash last after the car crash?

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. Man...

Can you get whiplash from a minor car 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...

What are Whiplash Injuries?

Whiplash injuries affect a person’s neck and can cause severe neck stiffness, headaches, and other neck/head symptoms in car accident victims. Whiplash doesn’t always immediately present itself and can take as long as a week for symptoms to surface.

How Much Do Whiplash Injuries Settle For?

The average settlement for whiplash injuries is between $10,000-$20,000. The settlement amount that a car accident victim receives for their whiplash injuries is based on the circumstances of the accident, who is at fault, the severity of the whiplash injuries, and more.

How is a Whiplash Injury Settlement Determined?

There are many different factors that affect the amount of your settlement for your whiplash injuries. First and foremost, whiplash must be diagnosed by medical personnel. A licensed physician can determine the severity of your injuries, whether injuries are semi-permanent or permanent, and how much it will cost to treat your injuries.

How Can a Whiplash Injuries Lawyer Help Me?

Whiplash injuries are a common occurrence in car accidents. If you have suffered whiplash in an accident, consult with a personal injury lawyer immediately after your accident. Your lawyer will protect you during this time, make sure that your claim is rock-solid and ensure that you won’t settle for less than your whiplash injuries deserve.

Take Immediate Steps to Ensure A Fair Whiplash Settlement

More than 3 million Americans suffer a whiplash injury each year. A whiplash injury can result in chronic pain. In fact, almost 10% of all Americans suffer from chronic pain due to a whiplash injury caused by a low-speed rear-impact collision.

Factors That Can Affect Your Whiplash Settlement

Many factors can impact whether you receive an average whiplash settlement or an above-average whiplash settlement. If you are unable to reach a whiplash settlement and go to trial, some of the stereotypes associated with whiplash injuries could work against you. Fortunately, a majority of whiplash cases are settled out of court.

How Much is the Average Whiplash Settlement?

Average whiplash settlements will vary depending on your jurisdiction, the severity of your injury, and the culpability of the other driver. In most mild to moderate cases, the average settlement for whiplash in a car accident will be between $2,500 and $10,000.

What is a Fair Whiplash Settlement For My Injury?

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.

How To Calculate An Average Whiplash Injury Settlement Payout

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:

How Much is Pain and Suffering Worth in a Whiplash Settlement?

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.

Actual Car Accident Whiplash Settlement Amounts

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. This may be considered a ‘minor’ injury by some insurance companies, but whiplash can be very painful.

Summary of the Key Findings

Whiplash injuries can range from minor, which pass in a couple of days or weeks, to severe, which can impact mobility and cause chronic pain.

What is Whiplash?

Whiplash is a neck injury caused by a sudden movement of the head and neck back and forth.

What Factors Influence Whiplash Settlement

Whiplash injury claims are filed when accident victims don’t receive enough damages from insurance companies to cover medical expenses, lost wages, and property damages.

Hire Experienced Lawyers for Your Whiplash Claims

The extent of your whiplash settlement offer will depend on many factors, most importantly, the severity of your neck sprain and current and likely future medical expenses.

How do lawyers calculate whiplash?

How Do Lawyers Calculate Your Whiplash Claim’s Value? Lawyers typically use a complex formula to calculate settlement demands in car accident injury claims like yours. First, they’ll start with the body damage to your car (if any). Then, add up all your medical bills and unpaid time off work.

How much does whiplash cost?

According to the Bone and Joint Initiative, hospital bills for whiplash or neck-related injuries cost $52,900-$97,400 in 2013. If you choose to file a whiplash injury claim, you have good financial reasons to do so. That’s because the average bodily injury claim filed through car insurance paid just $18,417 in 2019.

How much does insurance cover?

According to National Highway and Traffic Safety Administration (NHTSA) data, insurance covers just 54% of costs, on average. Lawyers don’t charge 50% in legal fees, no matter what type of claim you file. Even after you pay legal fees, you’ll receive up to 3.5x more cash than you would settling through insurance.

How many car wrecks result in neck injuries?

Studies show more than 800,000 car wrecks each year result in neck injuries. Most come from rear-end collisions, and 20%-25% of patients report pain and other whiplash injury-related symptoms 12 months later.

Can you get punitive damages for whiplash?

Finally, if the person who rear-ended or hit you is 100% at fault, you may also get punitive damages. It’s not standard for most whiplash cases, but your lawyer will decide after reviewing your claim. If you do qualify for punitive damages, you could receive as much as a six-figure cash settlement.

Can you get a whiplash settlement without a lawyer?

You won’t get an accurate or fair offer for a whiplash injury without a lawyer stepping in. In most cases, settling with insurance only pays off when you have minor car repairs to make and no injuries.

How much does a whiplash settlement cost?

Data from recent years show average whiplash settlement amounts for minor neck and back injuries range from $10,000 to $100,000.

How much money can a whiplash victim spend on a claim?

Overall, a victim can spend thousands of dollars on a whiplash claim. An accident victim with higher medical bills will likely receive more compensation. Additionally, more time spent in the hospital or doctor’s office means less time spent at work. That’s why whiplash victims are also compensated for lost wages.

How long does it take for whiplash to heal?

Consider instances in which whiplash causes broken bones or chronic pain. In addition to being more severe, these injuries also take much longer to heal. Where bruises can heal in a few weeks, a broken bone could take several months to a year.

What is the term for a neck injury that causes the neck to jerk back and forth?

Whiplash , also referred to as whiplash-associated disorder (WAD), occurs when a force of impact tears sensitive ligaments in the neck. Though whiplash is most common in auto accidents, it can result from any trauma that causes the neck to jerk back and forth.

What injuries are considered whiplash?

Neck and back injuries account for the majority of these injuries—especially whiplash. Healing from whiplash while balancing the mounting pressure of medical bills and lost wages can be exhausting. If you’ve suffered whiplash in an accident, you deserve compensation.

What is the treatment for whiplash?

Then medical treatment, like surgery and/or physical therapy, is required to alleviate the pain and help heal the injury.

What are the factors that determine the average compensation for whiplash?

Several factors determine the average compensation for whiplash injury. The most prominent factors that impact the settlement value are the severity of the injury, the timeline for healing, and the monetary value of required medical treatment. 1. The Severity of The Injury. Whiplash is an umbrella term for a neck injury caused by rapid head ...

Whiplash Payout Scale For Whiplash Grades 0-4

Whiplash is a common injury caused by car accidents. But each auto accident is different, and there are a wide range of whiplash injuries that can happen in car accidents, ranging from minor to severe. The name given to the range of whiplash injuries is Whiplash Associated Disorders, or WAD.

Whiplash Settlement Amount Factors

When talking about the amount of a whiplash settlement by grade, how long you experience pain is a key factor in the value of your claim. Most whiplash injuries go away in a week, and even more serious cases will generally resolve within three months.

What Grade is Your Whiplash Injury?

Whiplash injuries are graded on a scale according to how serious the injuries are. Below are the grades of whiplash injury:

Whiplash Payout Scale By Grade

In most whiplash cases, you need to recognize and document your injuries and damages related to the accident before telling anyone you intend to file a whiplash injury claim. Also, you should be able to evaluate your whiplash settlement with your attorney from a legal standpoint to determine where on the whiplash payout scale you might fall.

When To Talk to a Car Accident Lawyer

Whiplash injuries can be hard to value from a settlement perspective, but a good starting point is to look at the average whiplash settlements by grade. From there, you can find a similarly severe injury and calculate your whiplash settlement based on that.

Why is it so hard to get a claim for whiplash?

The claims process is a little more difficult when it comes to soft tissue injuries like whiplash because they don’t always show up in imaging tests like x-rays or MRIs. It is important to seek treatment and be direct with your doctor about your symptoms.

How long does it take to see a whiplash injury?

Whiplash injuries are some of the more underestimated injuries, especially because symptoms often do not appear right after the accident. It may be days before you see symptoms including pain, numbness, and stiffness in the neck and shoulder muscles. Bigger challenges may lie ahead, however, when you try to file a claim for damages ...

How does whiplash affect your life?

After a whiplash injury, you may experience a constellation of symptoms that can have a direct impact on your daily life. Stiffness in your neck can make it difficult to turn your head, limiting your ability to drive safely. Headaches can affect your cognitive abilities, directly affecting your ability to work.

What evidence is needed for whiplash?

Your attorney must present substantial evidence linking your injury with the car accident that occurred. Medical tests, especially the results of CT scans, MRI scans, and electromyography scans can provide evidence of the existence of the injury. Your attorney must also present evidence that clearly debunks the theory that your whiplash injuries ...

How long does whiplash last?

Severe cases often have higher settlements since victims experience more injury-related losses. A mild whiplash injury can heal within a few months, while severe whiplash can leave you with chronic pain and long-term impairment.

Why do lawyers come out and say you are exaggerating symptoms?

You can also expect lawyers to come right out and say that you are exaggerating the symptoms in order to recover a higher settlement amount, or that you are lying about needing to continue treatment several months after the injury has occurred.

Do you have to provide evidence for whiplash?

Therefore, you must provide strong evidence linking your whiplash injuries to the accident and establishing their impact on your life. Remember, you might find several of the defendant’s allegations bizarre and unfounded, but it is important to prepare for the following, so that you can put up a strong defense.

What is a multiplier in personal injury?

Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.

Why do the stakes increase when you lose a case?

When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.

What are special damages?

Special damages include property damage (costs to fix or replace your car after an accident), lost earnings and lost earning capacity, medical bills, and other financial losses attributable to your accident. They are capable of exact calculation because they can usually be added up.

What to do if you don't accept a counter offer?

Consider the counter-offer, and then decide if you want to accept it or not. If you do, fine. Take the money, and sign a release. If you don't, get ready to file a personal injury lawsuit in court.

Can you negotiate a personal injury settlement?

And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).

Is a fair settlement a windfall?

You Want a Fair Settlement, Not a Windfall. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.

Can an insurance adjuster negotiate a low settlement?

Remember, the insurance adjuster will probably low-ball you but then you can start to negotiate. It's okay if your demand is on the high side - this will give you room to negotiate later. Learn more about responding to a low personal injury settlement offer.

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