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What Is the Average Settlement for Whiplash?

Bachus & Schanker » Practice Areas » Car Accident Attorneys » What Is the Average Settlement for Whiplash?

What Is the Average Settlement for Whiplash?

Whiplash is a serious injury that can impede a car accident victim’s quality of life. The recovery process may be slow and prevent the person from working or participating in daily activities.

For these reasons, it’s important for accident victims to know the average payout for whiplash to be sure they’re getting fair compensation for their injury.

Of course, your case may be more or less than average. However, knowing what’s typical can give you a guideline for preparing your case and evaluating any settlement offers. Our car accident lawyers explain the average settlement for whiplash.

What Is the Average Settlement Payout for Whiplash Injury?

For accidents of mild and moderate severity, the average settlement for whiplash is anywhere between $2,000 to $10,000. When there are more serious back and neck injuries, a severe whiplash payout may range from $100,000 to $1 million or more. The amount depends on the severity of the injury, length of healing time, and related suffering.

How Is a Settlement for Whiplash Determined?

A settlement for whiplash is part of the car accident claim process. The amount of compensation you receive reflects the sum total of your damages. Whiplash is one component of the compensation that you may receive for your legal claim.

The exact amount that you recover for a whiplash injury depends on several factors, including:

  • The severity of strain and damage to muscles, ligaments, and tendons
  • Pain in the neck, back, and lower body
  • The extent of the limitation of movement
  • Limitations on life activity
  • Whether the injuries interfere with the ability to work
  • Documentation of injuries and their connection to the accident
  • The time it takes for symptoms to heal
  • Permanent and long-term damages
  • Questions of shared fault and other legal factors
  • Other damages include economic, non-economic, and property damage
  • Insurance policies and the ability of the victim to collect damages from the defendant
  • Laws that apply to the case

It’s impossible to know how much you will receive for whiplash based on someone else’s case. Under Colorado law, each person may receive compensation for their actual damages. The legal system ensures that accident victims are compensated for their losses, including physical injuries.

How Do I Get a Fair Settlement for Whiplash?

Car Accident With Whiplash

Once you know the average settlement for whiplash, and you evaluate what you might receive in your case, you need to know how to go about getting a fair settlement for your injuries. Getting a fair settlement is a result of taking the right steps to document your damages and pursue your case.

Our car accident lawyers help victims get settlements that reflect their true losses. We can guide you through all the steps involved in getting a fair settlement, including:

  • Documenting that you have suffered from severe neck strain; gathering the medical evidence
  • Submitting medical evidence like x-rays, scans, MRIs, and testimony from doctors and other healthcare providers
  • Keeping a diary of treatment, symptoms, and the ways that the injury has impacted your life
  • Identifying costs of medical treatment – future costs may be included, but you must value future damages and ask for them
  • Establishing a pattern of treatment and healing
  • Valuing the pain and suffering associated with the accident to ensure that you receive the correct amount
  • Including whiplash as one element in your claim; making a complete claim
  • Identifying legal issues and minimizing their impact on your claim
  • Negotiating your settlement and advising you as you make decisions throughout the claim

To get a fair settlement, you need medical proof and a legal personal injury claim. Let our experienced car accident lawyers pursue compensation on your behalf to ensure that you get a fair settlement in your case.

What Makes a Whiplash Settlement More or Less Than Average?

Some settlements are more than average—of course, some are less. If you’re an accident victim, you may wonder what makes a settlement more or less than average? Claims that are above average are more severe. In addition, the victim must take the steps to thoroughly pursue the case.

It can be tempting to resolve a case too quickly, and it’s true that resolving a case in a timely manner is important. However, the first offer isn’t necessarily the best result. Our lawyers can help you build the claim and evaluate when to accept an offer and when to continue pursuing the case.

How Do You Know What a Whiplash Case Is Worth?

When we evaluate what a whiplash case is worth, it’s important to remember this type of injury may change over time. The full symptoms may not settle in until some time after the accident.

Similarly, neck injuries can be slow to heal. As you evaluate your case and the compensation that you deserve, it’s important to be mindful that injuries may not manifest right away or as expected. Our lawyers can help you track and document injuries as part of your legal claim.

Is There a Whiplash Settlement Calculator?

To calculate the amount of your whiplash settlement, you begin by totaling your financial losses from the car accident. Add 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 settlement amount.

Is Whiplash Common in Rear-End Car Accidents?

whiplash-rubbing-back-of-neck

Although whiplash can occur in all types of car accidents, they are especially likely to occur in rear-end accidents. The sudden snapping of the neck in a rear-end car accident is more than the neck is meant to withstand, even at low speeds.

The signs and symptoms of whiplash1 after a rear-end car accident may be subtle and could include:

  • Neck pain
  • Stiffness or tenderness
  • Range of motion loss in the neck
  • Headaches (often starting from the skull’s base)
  • Numbness or tingling in the arms
  • Confusion or difficulty concentrating
  • Irritability

After a rear-end accident, it’s important to receive medical care to identify whiplash and begin a healthcare treatment plan. Following a treatment plan may prevent future injury and shorten healing time. The medical documentation during your treatment can also help you get the compensation you deserve through a personal injury settlement.

Legal Consultation for Whiplash Settlement

Have you been in an accident? Are you suffering from bak and neck pain? Contact our rear end car accident lawyers today for a consultation regarding your claim. It’s our goal for you to receive maximum compensation for your injuries. Call or send us a message today for a free consultation regarding your settlement.

Sources:

1Mayo Clinic. (11 February 2022). Whiplash Symptoms & Causes. Retrieved 27 April 2022.

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Million Dollar Advocates Forum
Martindale-Hubbell Peer Rated for Highest Level of Professional Excellence
Super Lawyers - Darin Schanker
The National Trial Lawyers Top 100 Trial Lawyer
5280 Top Lawyers of Denver
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