​How Much Is My Whiplash Injury Worth? – Claims and Payouts

March 15, 2022 | Insurance Negotiation

Whiplash is common in car accidents, and this injury can result in costly medical bills, lost wages, and other losses. If someone else’s negligence causes you to suffer a whiplash injury, an experienced car accident lawyer can help you understand the value of your claim.

What Is the Average Whiplash Claim Worth?

Each whiplash claim is different, and there is no average amount. Every whiplash victim’s compensation will depend on their specific losses, including economic and non-economic losses.

Some whiplash victims need a few weeks or months of treatment, and the medical bills pile up quickly. Other victims suffer long-term effects of whiplash, including chronic pain, headaches, limited movement, and more. The value of a claim might increase the longer the injury plagues you.

The best way to get an idea of your claim’s value is to consult with a car accident lawyer who knows how to calculate whiplash claims. Schedule your case evaluation to discuss your specific losses and how much compensation you might expect.

Overview of Whiplash Injuries

Whiplash is a poorly understood soft tissue injury prevalent in car accidents when the head whips violently back and forth on the neck (thus the whiplash name). Whiplash can affect not only the muscles and tendons in your neck but also the discs and nerves, which makes it complicated. Most whiplash injuries result from car crashes involving sudden deceleration or acceleration, and rear-end collisions are the biggest culprit.

Your Whiplash-Related Losses

To understand the value of your whiplash claim, you want a lawyer to delve more carefully into the related losses that you experienced. There are different types of losses, as described below.

Medical Bills

Whiplash is an unpredictable injury that can seem to heal, but then symptoms return multiple times. Severe cases of whiplash can result in chronic pain and debilitating losses in your range of motion. Such symptoms need extensive treatment and can lead to steep medical expenses, including costs of ongoing pain management services and long-term physical therapy.

All told, the huge medical costs associated with whiplash can keep adding up for months or years.

Lost Earnings

When your neck is in pain, and you are experiencing widespread loss in the range of motion, it can be challenging to do your job. And if this is your experience, you can expect your earnings to decrease as a result.

The more physical your job is in nature, the more serious your losses are likely to be, but even if you have a desk job, whiplash can affect your job performance and even your ability to continue doing your job. If your injury interferes with your earning potential, the associated losses can be immense.

Pain and Suffering

Whiplash is a painful injury, and because it affects your neck, it can lead to physical effects throughout your body. Medical professionals are clear about the physical pain associated with whiplash, but your emotional pain and suffering can be just as substantial.

Overcoming an injury of this nature is a hurdle that is challenging to clear, and the fact that your injuries resulted from someone else’s negligence does not help. You have suffered dramatic alterations in your life, and the physical and emotional pain and suffering you experience should not be discounted, overlooked, or ignored.

Standing up for Your Claim

The at-fault party’s insurance company handling your claim is a business, and as a business, its goal is to keep its profits high by keeping its settlements low. This policy means you can expect the insurance company to do whatever it can to keep your settlement as low as possible. One of the most important steps you can take to help ensure the insurance company doesn’t get away with much is by working very closely with a dedicated whiplash injury attorney from the outset. There are, however, additional steps you can take to help protect your claim and preserve its worth.

#1. Decline the Insurance Company’s Invitation

Do not give a recorded statement to the insurance company, which will be seeking one from you. Insurance representatives are very good at what they do. Sometimes, that involves tripping up claimants like you and encouraging them to make statements that harm their claims.

The bottom line is that you do not have to provide the insurance company with a formal statement, and the best course of action is to decline the request. Your whiplash injury attorney will give the insurance company what it needs. They will also communicate with the insurance company on your behalf — while you concentrate on healing.

#2. Follow your Doctor’s Orders

Carefully follow your doctor and physical therapist’s instructions and advice. This compliance is the best way to fully support your most complete physical recovery. However, it’s also the best way to show the insurance company that your whiplash injury is serious, that you do take it seriously, and that the insurance company is well-advised to do the same.

Because whiplash is a hard injury to prove even with your pain and physical limitations the insurance company will attempt to dismiss it. By carefully adhering to your medical team’s instructions, you send a clear message to the insurance company about the severity of your injury.

#3. Avoid Social Media

To diminish and downplay claims, insurance companies delve into claimants’ social media activity. The insurance company can twist that completely innocent post, picture, or comment of yours to mean something entirely different. The best policy is simply not to provide them with ammunition.

#4. Talk to Your Car Accident Attorney before Accepting an Early Settlement Offer

Insurance companies like to trot out one often successful tactic by making early settlement offers-before claimants like you recognize the full extent of their losses. You face considerable medical expenses while your earnings dwindle, and an early settlement offer may seem to offer substantial relief.

However, by signing off on that settlement, you finalize your claim and can’t pursue further compensation. Discussing the matter with a savvy whiplash injury attorney who is well acquainted with your claim before accepting a settlement is always the best policy.

Seek the Legal Counsel of an Experienced Can Accident Attorney

If you suffered a whiplash injury due to someone else’s negligence, you could face huge losses. As you receive medical bills, lose income, and experience pain from your injury, it is natural to wonder about your legal rights. Even if you are unsure whether you can file an injury claim, always have a car accident attorney evaluate your rights.

In your free consultation, an attorney will listen to how your accident happened and who you believe was at fault. They will apply their knowledge of car accident claims and advise whether they think you have a valid claim. If so, they can review all of your losses and discuss potential future losses to estimate the value of your whiplash claim.

If you wonder how much you might receive for your whiplash payout, reach out to a car accident lawyer today.