Looking for Whiplash Injury Compensation?
What settlement amount should you expect?
What are the essential elements you should know!
In this article, we will break down the notion of Whiplash Injury Compensation so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
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Table of Contents
What Is Whiplash Injury Compensation
Whiplash injury compensation refers to the process of obtaining financial compensation for whiplash injuries suffered following an accident or due to another’s fault or negligence.
Victims of whiplash injuries are generally required to take certain legal steps to effectively claim and obtain compensation for the damages they suffered.
In most cases, victims suffering injuries to their soft tissues in the cervical region or neck area may only discover their injuries after the accident or event causing the injury.
In fact, it may take days or even weeks before the victim may see whiplash injury symptoms leading him or her to seek medical treatment.
For minor injuries, the victim may feel slight symptoms for a short period of time only.
However, for more serious injuries, the victim may suffer serious medical injuries to the neck, ligaments in the neck, cervical region, and the surrounding area.
What’s challenging with whiplash type of injuries is that they are difficult to document medically speaking.
For example, if you break or fracture a bone, you can clearly see the personal injury on x-rays.
However, whiplash injuries do not appear as clearly on medical records.
As such, legal claims based on whiplash will also be more challenging as the plaintiff will not have a clear medical document or record showing the “whiplash”.
Whiplash Injury Symptoms
The amount of compensation for whiplash a victim may get will depend on circumstances of the case, the conduct of the at-fault party, duration of the pain, extent of treatment, and so on.
One aspect that can have an impact on the claim value is how long the victim had to deal with pain resulting from whiplash.
Victims of more serious injuries can deal with pain and suffering for an extended period of time due to:
- Neck stiffness
- Neck pain
- Reduced physical mobility
- Tingling sensations
- Shoulder pain
- Upper back pain
- Arm pain
If the injuries are more severe, the victim may also have injuries to the upper vertebrae or cervical spine, intervertebral joints, or discs, nerve roots in the neck, cervical muscles or ligaments.
There are whiplash injury secondary symptoms that may also be suffered by a victim, such as:
- Blurry vision
- Ringing in the ears (tinnitus)
- Sleep disorder
- Lack of concentration
- Memory issues
Whiplash Injury Compensation Amounts
One question that comes quite often is how much can a person get in compensation for whiplash?
Although there are no cookie-cutter answers applicable to all as every legal claim or lawsuit is different, here we have some rough numbers for you to consider.
Victims of minor whiplash injuries can expect to receive a settlement anywhere between $1,000 to $10,000.
These types of claims are seen as “nuisance claims” where the sums are not high and engaging in a legal process is viewed more as a nuisance or loss of time.
For more severe injuries, especially if the victim required physical therapy, settlements can increase to as much as $25,000 or more.
In cases where the victim suffered damages to the spine, nerves, vertebrae, or the cervical spine area, settlements can get to $100,000 or more.
These are just numbers presented to you without any consideration to the facts of a particular case.
If you wish to evaluate your compensation amount for whiplash injuries, neck whiplash, or pain and suffering compensation for whiplash, you should consult a whiplash lawyer or personal injury lawyer for a legal evaluation of your case.
It may be worth consulting with an attorney to better understand how much you may eventually claim, how to document your injuries, the average compensation for whiplash, and the legal steps to follow.
Compensatory Damages And General Damages For “Whiplash”
Anyone suffering physical injuries due to the negligence, fault or wrongdoing of another may seek compensation for such damages.
In legal terms, “damages” refers to the legal compensation or award one obtains from another.
There are two types of compensation that may be obtained for injuries causing bodily or physical harm:
- Compensatory damages (economic damages)
- General damages (noneconomic damages)
Compensatory damages for economic damages is the recovery of all expenses and financial damages suffered by the victim such as medical expenses, doctor bills, lost wages, surgery costs, medical equipment, therapy costs, and so on.
These are amounts that can easily be proven by producing an invoice, receipt, or statement.
There are also general damages or noneconomic damages that a victim may obtain.
General damages include:
- Pain and suffering
- Loss of consortium
- Emotional distress
These are damages that are unique to the victim and are more difficult to quantify.
It’s important to obtain legal advice from a whiplash injury attorney to evaluate the type of damages you may claim and get an estimation of your average settlement for whiplash compensation.
Consult With Whiplash Attorney For Best Settlement
Whiplash attorneys are legal professionals trained and knowledgeable in “whiplash” claims, injuries, and lawsuits.
A whiplash lawyer can provide you legal advice related to:
- The typical whiplash compensation you can expect
- The nature of your injuries
- How well the injuries are documented
- The evaluation of your claim’s chances of success
Whiplash is one of the most common types of injury resulting from an automobile accident.
Quite often, the victim of whiplash suffers a rear-end collision causing a sudden and unexpected movement of the head and neck leading to what’s called a whiplash.
Due to the sheer volume of car accidents every year, there are many whiplash lawsuits and claims that are filed by victims leading to billions of dollars of payouts every year.
One reason why it may be worth seeking legal representation for whiplash injuries caused in a car accident, by a fall, or other is due to the fact that insurance companies see such claims as suspicious or potentially even fraudulent.
Since there are many who claim to have suffered “whiplash injuries” but in reality they are merely seeking a way to make quick cash, insurance companies take important measures to avoid being defrauded.
Unfortunately, this means that those victims with real and true claims have to ensure they prepare a solid case to avoid their claims being rejected.
Whiplash Compensation Award Takeaways
So, how much compensation can you get for a car accident whiplash?
What are the whiplash compensation payouts?
Let’s look at a summary of our findings.
Whiplash Injury Compensation Amount
If you enjoyed this article on Whiplash Injury Compensation, we recommend you look into the following legal terms and concepts. Enjoy!
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