Whiplash Settlement Value After a Car Accident
If you’re experiencing neck pain after a car accident, you’re not alone. It’s estimated that roughly 15 to 40% of individuals who are involved in a car accident will experience some type of chronic neck pain, according to the Journal of the American Academy of Orthopaedic Surgeons.
Neck pain does not have to be something you suffer with alone. At Jack Bernstein, Injury Attorneys, our lawyers can help you recover the compensation you deserve to address medical bills, as well as pain and suffering brought on by whiplash symptoms caused by a negligent driver or party.
Our attorneys have decades of experience helping victims just like you. Reach out today to schedule your free case evaluation.
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Factors That Significantly Influence Your Whiplash Settlement Value
Whiplash might be a common type of car accident injury victims suffer, but it doesn’t mean you have to suffer through the pain and healing alone. When you have an experienced legal representative on your side, you’ll have a trusted team of professionals who know how to help you recover the compensation you need during the healing process.
Before you can proceed, however, you should have an idea of what goes into a whiplash claim, and what will help bolster your chances of maximum compensation. Below are some of the key factors that the courts and insurance companies consider when evaluating a whiplash claim:
- Severity of injuries: The extent of your whiplash injuries will impact your case and overall settlement. There are 4 degrees of whiplash injuries. The lowest, Grade 1, includes some neck pain, stiffness, or tenderness. The highest, Grade 4, includes a dislocation of the cervical spine or a fracture. Spinal injuries from a car accident are among the injuries that can impact your case. Typically, the higher the grade of your whiplash injury, the more you can expect out of your settlement.
- Medical expenses: The courts and insurance companies will also consider the medical expenses incurred. This will include the cost of doctor visits, physical therapy, medication, imaging tests, and other expenses.
- Lost wages: If you’ve lost wages or were unable to work because of your whiplash injury, you can recover compensation as well.
- Pain and suffering: Non-economic damages, including physical pain, emotional distress, and impact on your daily life, can also help bolster the compensation you recover from a settlement.
- Property damage: While separate from a whiplash injury, your claim can still pursue damages related to property loss as well.
- Insurance policy limits: The insurance coverage of the other driver can help cover the cost of your losses, but it might also limit your settlement amount.
- Fault in the accident: Under Florida’s comparative negligence laws, if you’re partially at fault for the accident, this can minimize your settlement. For example, if you’re 30% at fault, you are only eligible to recover 70% of your total losses.
What Is an Average Settlement Payout for a Whiplash Injury?
So, what is a fair settlement for whiplash? Because there are varying degrees of whiplash injury and everyone’s case is unique, it can be difficult to determine what your case is worth. A fair settlement depends on the specific circumstances of your case. For example, if your injuries are severe and have resulted in substantial financial losses, a fair settlement is one that fully covers those losses.
Still, however, whiplash injury cases can range anywhere from tens of thousands of dollars to even hundreds of thousands of dollars. The average case, however, hovers around $15,000 to $20,000, according to the latest reports.
If you are suffering from chronic or severe pain, or are experiencing whiplash nerve damage symptoms, it’s important to speak to a personal injury attorney who specializes in whiplash injuries. They can thoroughly evaluate your case and fight for the full compensation you deserve, and they can help you understand how to calculate the value of your injury.
How Is a Whiplash Settlement Calculated?
Whiplash settlement cases are calculated by determining what compensatory damages you might be owed. This includes economic and non-economic damages.
Economic damages refer to tangible and calculable losses like medical bills, lost income, lost wages, and ongoing costs related to your health care. Non-economic damages, however, are more difficult to calculate and include physical pain, pain and suffering, and emotional distress.
Economic damages are pretty straightforward to calculate, but how do you calculate intangible losses?
Insurance companies will typically rely on multipliers to determine non-economic damages. A multiplier is usually one to five times more than the medical bills to determine what the cost of pain and suffering might look like.
The Role of Medical Evidence in Proving Your Whiplash Claim
Medical evidence is critical in proving your whiplash claim. This is because if you can prove that your whiplash injuries are a higher grade, you can recover more compensation to cover the cost of medical bills and overall pain and suffering.
In many cases, medical expert testimony will be pulled in to help prove your claims. In addition to strengthening your case, this increases your chances for a court or insurance company to provide maximum compensation.
Can You Get a Settlement for Whiplash and a Concussion?
Many people wonder if you can get whiplash and a concussion settlement when both injuries have happened. Depending on your case, it’s possible to receive compensation for both injuries if they resulted from the same accident. Because of the combined impact of both injuries during the accident, the settlement value generally would be much higher.
If I Have Pre-Existing Neck Issues, How Will That Affect My Whiplash Settlement?
A pre-existing condition can influence settlement outcomes, but this is where the experience of an attorney comes in. Your attorney will pull in expert medical insight and other evidence that can distinguish how an accident has aggravated or re-injured a pre-existing neck issue.
Whiplash Injury Claim Process in Florida: What You Need To Know
If you suffer whiplash in Florida, it’s important to know what to do. Taking the right action early on can help protect victims in the long run if they file whiplash injury claims.
- Start by seeking medical attention. Even if you’re not sure if you have an injury, a doctor can determine if you’ve torn or injured muscles and ligaments in your neck.
- Start gathering evidence, including police reports and witness statements if they exist, and keep a log of all your medical records.
- File a claim with the at-fault driver’s insurance company.
- Speak with insurance providers but only provide short and straight, to-the-point, answers until you get legal representation. Do not admit fault.
Most cases will end in settlement, but if they don’t, legal action through the representation of an attorney can help you recover a fair settlement or compensation through trial.
How Long Do Whiplash Injury Claims Typically Take To Settle?
The timeline to settle a personal injury lawsuit really depends on how extensive your personal injury is. It can take anywhere from a couple of months to a year or so. Typically, however, many settlements end quickly unless they go to trial.
Why You Need an Experienced Florida Personal Injury Lawyer for Your Whiplash Claim
If the circumstances of your accident are complex and your whiplash injury symptoms are severe, an experienced injury attorney will cover all the bases to ensure you get the representation and full compensation you deserve.
When you work with an experienced Florida personal injury lawyer, you can expect to work with someone who understands Florida’s personal injury laws so that you can recover the maximum compensation from all parties.
Our attorneys bring expert negotiation skills to the table so that your rights are protected when dealing with insurance companies. Not to mention, turning your case over to an attorney can result in higher settlements. You don’t have to deal with the stress of the legal process and can instead focus on your path toward healing.
Bernstein Injury Attorneys: Fighting for Fair Compensation in Florida Whiplash Cases
At Jack Bernstein, Injury Attorneys, our team is ready to represent you from start to finish. Helping support residents throughout Central Florida, our team knows what it means to fight for your rights and help you recover full compensation after a whiplash injury from a car accident.
From our experienced paralegals to our dedicated investigators, our law firm will support you in the way you need to help alleviate the stress you’re going through. Through our commitment, we’ve helped support thousands of accident victims just like you receive the care, and the support needed, to move forward in this next chapter of life.
We don’t take a fee until we win your case, and our free case evaluations are the easiest way to determine what your next legal steps should be.
Reach out today to schedule your free case evaluation with a Tampa car accident lawyer. Get in touch at (813) 333-6666 or visit us online to learn more.
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FAQ
Do I Need a Lawyer for a Whiplash Injury?
If your injuries are severe or the insurance company plays hardball, a lawyer can help maximize your settlement and recover the compensation you deserve.
What if the Insurance Company Denies My Claim?
You have options even if your claim is denied. You can appeal, gather more evidence, or schedule a free case evaluation to have one of our lawyers overlook your case.
What Is the Statute of Limitations for Filing a Personal Injury Claim in Florida?
Under Florida Statutes § 95.11(3), the statute of limitations for a whiplash injury case is typically four years. Still, you should seek legal guidance sooner than later if you want to file a claim.
Should I Accept the First Offer for a Whiplash Injury?
Probably not. The insurance companies will tend to lowball you, especially if you’re still receiving treatment for your injuries. Speak with an attorney to get expert insight.
What Are Some Red Flags That an Insurance Company Is Lowballing a Whiplash Settlement?
If the insurance company is trying to hurry you up to sign an agreement, downplaying your pain, or ignoring future medical needs, trust your gut; you are probably being taken advantage of and being lowballed.
How Long Does It Typically Take To Settle a Whiplash Claim?
Simple cases wrap up in months, but if it’s contested, it could take longer. More complex cases, where there are severe injuries, will take longer.