There is no minimum compensation for whiplash injuries. The whiplash payout will depend on different factors in your case, such as the severity of the injury, whose fault it was, and other specifics of the case.
The law also does not allow offering whiplash minimum compensation. Insurance companies may also not have a clear breakdown of the compensation for whiplash.
Seek legal advice if you sustain injuries in a motor vehicle accident and are uncertain about the minimum compensation you will receive for your injuries. An experienced personal injury lawyer will assess your accident situation and fight to get the compensation you deserve.
What Is Whiplash?
Whiplash is a neck injury that can happen when the victim’s head suddenly moves backward and then forward. Whiplash may occur during rear-end collisions and can range from mild to severe. The accident victim will start feeling pain in the neck and shoulders. In severe cases of whiplash injuries, injections in the neck may also help.
Symptoms Of Whiplash
One of the fundamental symptoms of a whiplash injury is considerable neck pain, which may radiate down the arms. Some other symptoms are as follows:
- Stiffness in the neck
- Headaches
- Dizziness
- There are tingling sensations in the arms and hands.
- Feelings of vertigo
- Shoulder and back pain
- Numbness in the arms or hands
Here are some symptoms of chronic whiplash pain:
- Previously, I suffered from whiplash.
- Suffer severe neck pain.
- Have limited mobility
- The victim is older.
- Prior to the accident, I was already experiencing neck or back pain.
- Involvement in a high-speed car accident
- Have tremendous pain throughout your arms.
Factors Affecting Whiplash Compensation
Because the whiplash payout is not fixed, you must be aware of the factors that may affect compensation. Before filing a personal injury case, consider the following factors:
1 . What Medical Treatment Do You Need For Whiplash?
For most patients, whiplash may heal with minimal treatment and rest. However, severe or chronic whiplash may require long-term medical treatment. If your injury is severe, you may expect higher compensation in comparison to those whose injuries are minor.
2. How Much Work Do You Have To Miss If You Sustain a Whiplash Injury?
If the victim misses work, it may pose a substantial financial burden on the victim. The more time they miss work, the less income they will get for their medical treatment. If the lost wages are higher, the expectation of receiving a higher compensation may increase.
3. How Long Do Whiplash Symptoms Last?
The timeline of a whiplash injury may vary from a few days to even eight weeks. It all depends on the severity of the injury. If your whiplash is minor, it may resolve within a few days. However, if your injury is severe or chronic, it may take nearly six to eight weeks to heal, which may increase your compensation.
4. What Impact Does Your Whiplash Injury Have On Your Daily Life?
Whiplash injury claims may include compensation for your pain and suffering while you are recovering from the injuries. If your injury requires more time to heal, the payout may increase.
Accidents Causing Whiplash Injuries
Rear-end car crashes are the main cause of whiplash among other types of car collisions. However, there are other potential causes of whiplash.
- Sports accidents
- Physical abuse
- Any type of trauma
- Slip and fall
How Do You Prove Whiplash Injuries?
Your medical provider will diagnose a whiplash injury by examining your neck and looking for movement, muscle spasms, and tenderness. Depending on the injury, tests and scans may or may not be necessary. The doctor may sometimes ask how the injury occurred to get clarity on how it happened.
Some essential things that you need to make a whiplash claim are as follows:
- The personal details of the drivers involved in the motor vehicle accident
- The insurance details of the drivers causing the accident
- Photographs of the injuries and the accident
- Details of the witnesses, if any
After gathering all the information, you can begin with the claim process with the insurance company. In case of a multi-car accident, you may contact your own insurance company.
How Can I Maximize The Payout I Recover For Whiplash?
When a victim sustains whiplash injuries due to the negligence of someone else, they want to recover maximum compensation for their losses. This is because the injuries may result in financial limitations, for which you should receive the maximum compensation for your whiplash damages. The accident victim can achieve this by taking the following actions:
- Get medical care for your whiplash.
In some cases, victims may consider whiplash to be a minor injury that will heal over time. However, if you experience whiplash symptoms, you must consider seeking immediate medical attention.
If you do not get medical care at the proper time, the impact may leave you in a miserable condition with severe pain and extreme limitations. You must also gather all the documents given by the doctor, such as medical prescriptions, any specific medical tests, and other information about your injury.
- Follow your doctor’s instructions.
After a checkup, the doctor may give you specific instructions for your speedy recovery. Your doctor may advise you to refrain from certain activities that may increase your pain and to rest as much as possible, which will help to heal your injuries quickly.
They may also give you certain medications and physical therapies that may reduce your pain and whiplash symptoms. It is crucial that you adhere to the instructions provided by your medical health provider, as this can enhance your chances of maximizing your injury claim benefits. If the insurance companies see that you are following the doctor’s instructions, they may provide you with a deserving payout without any negotiation.
How Is The Whiplash Settlement Calculated?
You can calculate the whiplash settlement by adding expenses for various losses, including medical expenses, property damage, personal loss, and pain and suffering. However, the whiplash compensation may range from mild to moderate, depending on the severity of the injury.
The general formula to calculate the whiplash settlement is as follows:
(Special damages x multiplier reflecting general damages) + lost wages = settlement amount.
What Is The Compensation For Whiplash?
The average car accident whiplash payout may range from $10,000 to $50,000. The amount may decrease or increase depending on the individual situation and factors when the accident occurred, such as how long the injury will heal and the impact of the injury on day-to-day activities. Whiplash compensation does not have a fixed amount.
The compensation for your whiplash injury settlement may depend on the following factors:
- If your injury is severe, you will receive compensation for both present and future medical expenses.
- If you are unable to go to work, you will receive compensation for lost wages and income.
- Compensation for pain and suffering caused by a whiplash injury following an accident
Contact A Lawyer Who Can Assist You In Obtaining Fair Compensation
If you have sustained whiplash injuries after an accident, your lawyer may prove beneficial for your personal injury case. It is challenging for the insurance companies to provide you with fair compensation for your whiplash injuries. They may claim that your injury is minor and you do not need compensation.
In such difficult situations, a lawyer may provide you with legal advice about how to get out of these limitations and will negotiate with your insurance adjuster.