What Is the Average Settlement for a Car Accident With Whiplash?
Whiplash is a common car accident injury. It occurs when the head and neck snap quickly in an unnatural way that puts a strain on the muscles. When you’re hurting from whiplash after a car accident, you may wonder about the average settlement for whiplash.
Although each case is different, you can learn about how compensation works and what to expect in your case. Here’s what you need to know about the value of a whiplash car accident case from our Denver car accident attorneys.
What Is the Average Settlement Payout for a Whiplash Injury?
The average settlement payout for a whiplash injury is $10,000-$20,000. Your settlement may be higher or lower. Whiplash is a serious car accident injury that deserves financial compensation. However, because whiplash is a soft tissue injury, compensation for whiplash falls somewhere in the mid-range of car accident settlements. Whiplash is only one part of a car accident claim. You may claim financial compensation for all of the kinds of losses that you have in a car accident.
Average Payout for a Whiplash Injury in Colorado
The average payout for a whiplash injury in Colorado is between $10,000 and $20,000. Colorado is an at-fault state for car accidents. That means you can demand compensation from the responsible party any time that you have whiplash injuries in a car accident.
Because of Colorado’s at-fault car accident laws, there are more car accident lawsuits in the state than there are in states that use no-fault systems. With more cases than in no-fault states, the average settlement for a case in Colorado is lower than it might be in other states.
Colorado Average Whiplash Settlement
However, that certainly doesn’t mean that accident victims in Colorado have fewer rights or recover less for their whiplash injuries. In fact, Colorado laws are strong and soundly protect accident victims. Because of at-fault laws in place in the state, whiplash injury victims are able to get paid for mental injuries, physical pain, and emotional suffering.
These damages might not be available to whiplash injury victims in no-fault states. But because Colorado laws strongly favor accident victims, a whiplash victim can ask for pain and suffering compensation as part of their car accident case.
Whiplash Settlement Calculator
To calculate the amount of your whiplash settlement, you begin by totaling your financial losses from the car accident. Total up all of your medical bills, lost income from the time that you’re recuperating, and property damages. Then, you add an additional amount to compensate you for pain and suffering. In a whiplash settlement case, 1.5 is a typical multiplier to use for your case. The resulting amount is a rough guide as to the value of your whiplash settlement amount.
Whiplash Settlement Guidelines
Many factors play a part in determining the value of a whiplash settlement case. The whiplash settlement calculator is an important factor, but it is just one factor. To determine the right amount of a whiplash settlement, it’s important to use some guidelines along with the whiplash settlement calculator.
You also have to personally evaluate the severity of your injuries. A whiplash victim likely has a range of car accident injuries in addition to whiplash. They may have cuts, bruises, and broken bones. They may have terrifying flashbacks and anxiety. Whiplash injuries vary in degrees of severity. Of course, a more severe injury deserves more financial compensation than an injury that is less severe and heals quickly.
Whiplash Payout Scale in the U.S.
In the United States, the whiplash payout scale is based on the severity of the victim’s injuries. A typical payout for whiplash injuries is about 1.5 times the victim’s financial losses like medical bills. But severe whiplash deserves a higher payout scale.
Likewise, less severe whiplash deserves a lower payout scale. For whiplash that heals over a matter of weeks, like common injuries in a rear-end collision, a settlement for whiplash that equals the victim’s medical expenses may be the most appropriate. Each whiplash case needs an individual analysis to determine the appropriate payout scale.
How to Settle a Soft Tissue Car Accident Injury
To settle a soft tissue car accident injury, you gather proof of your injuries and suffering. You document your injuries by seeking medical treatment. A treating physician can provide expert guidance about the severity of your injuries and the level of pain and suffering that you endure because of the accident.
To settle your case, you negotiate with the other party and their insurance company. In some cases, you can pursue negotiations without filing a formal lawsuit, but it’s common to file a lawsuit to prompt the responsible party and their insurance company to begin negotiations. It’s important to also remember that Colorado’s statute of limitations for car accident claims is three years.
How Do I Settle a Whiplash Car Accident Injury?
To settle a whiplash car accident injury, you determine the approximate value of the case. The parties look at the legal position of each party. They evaluate the strengths and weaknesses of the case and the likely result if the case goes before a jury. In most cases, the parties don’t openly share their work products or their ultimate opinion about the strengths and weaknesses of the case; instead, they just enter into negotiations about the appropriate result in the case.
Depending on the status of the case, there may be court-facilitated settlement negotiations. The court may order you to participate in mediation. You may also have pre-trial hearings in court. Your attorney can help you make these negotiations effective as you pursue the best possible result in your case.
Contact Our Denver Auto Accident Attorneys
Have you been in a car accident? Do you have whiplash? Our attorneys can help.
Colorado law gives you the right to full and fair compensation for your whiplash injury. But you must determine the value of your case and handle the negotiations to receive the settlement that you deserve. When you work with the car accident attorneys at Bachus & Schanker, LLC, you have a team of experienced advocates fighting for you until the job is done. To us, your settlement check represents justice, and justice is our passion. Call us today for a free, confidential consultation about your case.
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