Car accidents leading to serious injuries happen every day in the United States, and neck and back injuries top the list of most common injuries caused by motor vehicle accidents. Whiplash is a standard complaint following a collision, and it may cause a lot of issues for crash victims.
Whiplash can lead to chronic pain, lost wages, and other quality-of-life challenges. Settlement amounts for whiplash injuries are determined by multiple factors and the evidence available to support your claims. Learn more about the average whiplash injury settlement for a car accident and how a personal injury lawyer, like one of the Florin|Roebig team’s board-certified attorneys can help you file a whiplash injury claim.
What is Whiplash?
Whiplash, also called whiplash-associated disorder (WAD), can happen whenever a person is involved in a car crash that causes their body to jerk forward quickly while the head stays in place. Though whiplash is common in rear-end collisions, it can also result from side-impact collisions, head-on-collisions, and other types of auto accidents.
Some whiplash injuries can be treated quickly, but you should consult medical professionals to determine your treatment plan and timeline. You may need regular physical therapy and medication but be able to make a full recovery within a few days or weeks. However, other back and neck injuries may last for months or years. When you don’t realize you’re injured and don’t receive adequate medical care in time, it can negatively impact your recovery.
“Whiplash can result from a person being struck in their car by another motorist. When this happens, the accident victim may want to hold the at-fault driver accountable for their actions. Medical expenses, lost wages, long-term medical treatment, and other effects may lead to a need for compensation. Filing a personal injury claim can help you recoup financial losses,” explains Florin|Roebig lawyer Shaun Cummings.
Learn about the average whiplash settlement amount for a neck or back injury after a car accident and how to file a whiplash injury claim with the help of a personal injury lawyer.
What Is The Average Whiplash Settlement Amount?
Whiplash injury settlements will be unique according to each claimant. Different factors will affect how much you will receive for your whiplash injury, such as the severity of your injury and how it’s affected your life. The type of injury will also play a role. A serious back or neck injury that causes permanent disability, alters your ability to work your pre-accident job, or negatively impacts your life in other ways may raise your settlement offer.
Who was at fault for the car accident will also affect your settlement amount. When a driver is at fault for an accident because they failed to exercise proper care for other drivers, this is known as negligence. Personal injury cases, such as those involving whiplash, must be able to prove negligence was a factor. Some states will also reduce your settlement amount if you’re found partially at fault for the accident.
Because so many factors affect settlement amounts, including what can be proven, it’s hard to nail down an exact number. The ranges listed below can give you an idea of where your compensation may fall.
Average whiplash settlement amounts may range from:
- $10,000 to $100,000 for minor neck and back injuries
- $1 million to $5 million or more for life-altering whiplash injuries or permanent disability
An experienced whiplash injury lawyer can provide you with an estimate of an appropriate compensation amount based on the evidence and what they can prove. Photographic evidence of damage and injuries, medical records, and witness statements help prove your claims.
There is no way to know exactly how much you will win a whiplash settlement offer. Consulting a personal injury attorney with experience in this practice area can help you understand an average range for how much your case may be worth.
Florin|Roebig attorney Shaun Cummings says, “My team will sit down with you and go over the details. We want to give you a clear picture of what to expect and how your case stacks up. Our goal is to give you the best possible experience during a challenging life event.”
Factors That Affect Your Whiplash Settlement Offer
Car accident victims typically file whiplash injury claims when they don’t receive enough from an insurance claim to cover medical costs, lost wages, property damage, and other expenses. Filing an injury claim allows a whiplash injury victim to sue the responsible party and/or their insurance company for damages.
A court will determine a whiplash injury settlement offer that reflects the extent of your injuries and the way they have impacted your life. Insurance policy limits and what your state laws allow over and above those will affect the payout.
Settlement factors considered in your injury settlement can include the following:
Negligence
One of the most important factors in a whiplash personal injury case is negligence. Each motorist on the road has a duty of care to exercise proper caution for other drivers. When a driver breaches that duty of care, this is known as negligence.
Personal injury cases depend on negligence. Whether your car accident attorney can prove negligence in your case — and how negligent the at-fault driver was — will affect your whiplash injury payout.
Severity Of The Injury
Nearly every personal injury settlement will be affected by the severity of the injury. If you have any broken bones or your injuries will lead to chronic pain, this can increase your settlement amount. Whiplash injuries that cause a person to miss work may result in damages for lost wages and unpaid bills.
The severity of your whiplash injury determines whether it impacts your life on a short- or long-term basis. While a broken bone can heal in a few months to a year, more severe back or neck injuries can affect your life permanently and can lead to a higher settlement offer.
What Your Whiplash Injury Has Cost You
A serious injury to the neck or back causes physical pain that affects your earning capacity, sometimes leading to permanent disability. How an injury affects your career path will factor into your payout.
Medical bills can mount quickly for a severe whiplash injury. X-rays, MRIs, and other costly exams, surgeries, and medical procedures can drive up your out-of-pocket costs and affect your settlement amount.
How long you had to be out of work, how long it takes you to recover, if you are expected to make a full recovery, and if you had unpaid expenses during your recovery will also impact your settlement.
Insurance Coverage And Fault Determination
Each state has a different set of fault laws for car accidents and varying insurance requirements. This plays a big role in when you can file a claim against the responsible party, how long you have to do so, and what compensation may fit your eligibility. You need to know what fault laws apply in your state of residence or where the crash occurred.
At-fault states determine fault first through insurance companies. When it’s tricky, insurance adjusters step in to investigate and decide. Through this process, you may have to speak with multiple insurance representatives and attorneys.
In no-fault states, you should have personal injury protection (PIP) insurance. You would file against this policy first, then pursue other claims after reaching the policy limits. You may also have to talk to many insurance folks and lawyers.
Sometimes, getting any insurance company to pay a claim is challenging. Insurance providers frequently try to avoid a payout or convince you to accept less than you deserve. This happens when you don’t understand your policy or how to speak with insurance representatives without accepting blame. Working with an attorney experienced in whiplash injury cases can save you a lot of hassle.
Rather than playing phone tag and spending your days on hold instead of focusing on your recovery, you can turn these frustrations over to Florin|Roebig’s award-winning legal team. We don’t allow insurers to get away with lowballing our clients or denying valid claims.
Injuries You May Sustain In A Whiplash Accident
Car accidents can lead to numerous whiplash-related injuries, and they can be particularly damaging to your cervical spine and have long-term effects. Symptoms of whiplash can occur in even low-speed accidents. Whiplash cases can restrict your range of motion and require ongoing medical attention to treat.
Common whiplash injuries in the neck and back due to a car accident include:
- Sprains
- Contusions
- Abrasions
- Torn ligaments
- Herniated disc
- Broken bones
- Soft tissue injury
- Spinal cord injury
- Chronic pain
- Neck pain
- Back pain
A neck sprain may heal up in a few days or weeks, but a spinal cord injury could take months to heal, cause chronic pain, or disable you for the rest of your life. Back injuries can significantly restrict your normal daily activities. Add any injury complications to these common issues, and you’re working with a life altered by pain and limited range of motion.
Physical therapy may improve your condition, but it doesn’t take away your pain and suffering or reimburse your financial losses. A car accident lawyer can help you determine how your whiplash injury has affected your life and a reasonable settlement value to cover your damages.
Find A Whiplash Injury Lawyer Near You
Before talking to insurance adjusters after a car crash, consider calling an experienced whiplash injury lawyer. The effects of a car accident injury, such as whiplash, can be long-lasting and may not be covered by a single insurance claim. Though insurance companies often encourage customers to file a claim with them first, they can use the details you provide to deny or reduce your payout.
Contact Florin|Roebig law firm today for a free case evaluation to learn more about the average whiplash settlement amount, whiplash law, and how much your personal injury case may be worth. It may help you avoid costly mistakes when filing your personal injury claim.
FAQs About Average Whiplash Injury Settlements For A Car Accident
What is the average whiplash payout?
Average payouts for whiplash can range from $10,000 to $100,000 for minor injuries and $1 million to $5 million for more severe verdicts. Keep in mind that your payout could fall outside the average settlement range.
You can strengthen your claim (and increase your payout) with evidence to support and prove your whiplash injury severity.
What kind of settlement should I expect from whiplash?
Settlement factors vary highly, so it would depend on the specifics of your whiplash claim. Florin|Roebig offers a free consultation on personal injury cases, and we’d be happy to give you a better estimate when you call us using one of the phone numbers listed on our website.
Is it worth suing for whiplash?
It depends on your economic and non-economic damages and whether you can prove that another driver was negligent. Small damages and lack of evidence will detract from your claims. You can receive legal advice specific to your case and your needs by contacting Florin|Roebig attorneys.
How long does it take for a whiplash payout?
The claims process can be complicated by injury severity, fault determination, and level of damages. Building a good attorney-client relationship with a qualified law firm like Florin|Roebig means that you’ll be kept in the loop every step of the way. While we try to get cases resolved as quickly as possible, we also want you to receive a fair settlement.
Average Injury Settlements After A Car Accident
Our personal injury lawyers can help you file a claim for damages caused by whiplash after a car accident. Florin|Roebig law firm serves personal injury clients in Florida, Minnesota, Texas, and Colorado.
Some of our awarded payouts for car accident settlements include:
- $1.75 million: auto accident injury
- $2.3 million: car accident wrongful death
- $1.8 million: trucking accident/negligence
- $4 million: rental car company liability
- $1.5 million: delivery van negligence
When you or a loved one are ready to file a whiplash injury lawsuit to secure your payout, consider working with the law offices of Florin|Roebig. With more than 30 years of experience in personal injury law and an impressive track record, we are ready to put our resources to work for you.
We Are Nationally Awarded Lawyers
How To Get Help From Florin|Roebig Attorneys
Although our offices are spread across the United States, we have dedicated ways for you to reach us when you need help with the whiplash claim process.
How to reach a Florin|Roebig whiplash attorney through our contact options:
- Call us (our phone number options are listed on our contact page)
- Chat with us (our chat feature will prompt you on our website)
- Fill out our form, and we’ll get back in touch (our simple form allows us to gather basic information and reach out to you within 24 hours)
When you don’t understand your whiplash settlement offer (or preferably before you file a personal injury claim), consult with Florin|Roebig. Our around-the-clock team can provide free case evaluation and legal assistance to get you the maximum compensation. Don’t let insurance companies and at-fault drivers interfere with your right to a fair settlement.
