How much is whiplash worth in a lawsuit or insurance claim? Whiplash injuries depend on how severely your neck is compressed or hyperextended in an accident. The greater the compression or extension, the more severe the whiplash injury is, directly influencing how much whiplash is worth in a lawsuit or claim.
If you suffered a whiplash injury due to the negligence of another, contact an Odessa personal injury lawyer to discuss your accident. They can better estimate what to expect after learning the specifics of your case.
What Is Whiplash?
Whiplash is a common injury, affecting around three million Americans annually. It occurs when your head is jolted back and forth with sudden force, causing painful strain or tears in your neck's ligaments and tendons. The most common causes of whiplash injuries include motor vehicle accidents, contact sports, and roller coasters.
However, under certain circumstances, whiplash can occur in other accidents, such as slip and falls. Symptoms of whiplash can begin immediately after or up to several days following an accident.
Whiplash injury victims should seek medical attention, consult an attorney, and avoid talking to insurance companies or giving recorded statements. Schedule a free case evaluation immediately if you've already provided a recorded statement.
Determining How Much Whiplash Is Worth in a Lawsuit
Symptoms following a whiplash injury are collectively referred to as Whiplash Associated Disorder (WAD). Due to whiplash's various effects, healthcare professionals, personal injury lawyers, and insurance companies use the Quebec Classification of Whiplash-Associated Disorders grading system to assess the severity of whiplash. The grading ranks as follows:
- Grade 0: No neck pain complaint or sign of injury
- Grade 1: Neck pain complaint of stiffness or tenderness only without physical signs of injury
- Grade 2: Neck pain complaint and musculoskeletal signs of injury
- Grade 3: Neck pain complaint and signs of neurological effects
- Grade 4: Neck pain complaint with signs and injury, such as fracture or dislocation
The higher the grade, the more severe the injuries—directly affecting how much whiplash is worth in a lawsuit or insurance claim. Detailed medical records will help your lawyer establish the extent of your symptoms and whiplash injury to maximize the value of your settlement.
Factors Influencing How Much Whiplash Is Worth in a Lawsuit
When valuing and negotiating how much whiplash is worth in a lawsuit or insurance claim, your personal injury attorney, medical experts, and liable insurers consider several factors. These factors are as follows:
- The Severity of Injury: The severity of your whiplash injury using the Quebec Classification System grades is the most significant factor affecting how much whiplash is worth in a lawsuit or claim.
- Daily Impact on Life: Another factor considered when valuing your claim is how your whiplash injury affects your daily life. For example, how the injury may affect caring for children (lifting, nursing), driving, exercising, and other daily tasks.
- Medical Treatment: The healthcare costs, such as primary care, physical therapy, massage, and chiropractic care—and the length of your medical treatment significantly impact the value of whiplash in a lawsuit or insurance claim.
- Documentation and Evidence: Strong medical documentation is necessary for higher-valued lawsuits and claims. It is the best evidence for proving your whiplash injury. Medical documentation should include physician notes, detailed treatment records, imaging reports, pain management care, and rehabilitation services.
The sum of your expenses and pain and suffering also influence the value of your whiplash claim or lawsuit. You should provide copies of all out-of-pocket costs incurred from your accident and whiplash injury. Doing so ensures they factor in all losses before drafting a demand letter.
Damages Determining What Whiplash Is Worth in a Lawsuit
The size of your whiplash injury settlement is determined by calculating your total compensatory damages. These include valuing your economic losses and non-economic damages, such as:
- Medical Expenses: Medical costs include all healthcare expenses, such as ambulance transport from the accident scene, ER or urgent care visits, medical evaluations, primary and follow-up care, and prescription medication costs.
- Rehabilitation Costs: Rehabilitation expenses for whiplash may include imaging costs, physical therapy, chiropractic care, massage therapy, and pain management.
- Lost Earnings: If you had to miss work due to your whiplash injury, your income losses are recoverable in a lawsuit or insurance claim. Lost earnings may include income, salaries, lost overtime, and non-salary compensation, like tips, commissions, and bonuses.
- Property Damages: Property damages from your accident also impact how much a whiplash lawsuit is worth. These damages may include any property damaged in the accident, such as vehicle repairs or replacement, cell phones, mailboxes, and fencing. Your attorney may also recover rental car or rideshare service costs incurred while your vehicle was receiving repairs.
- Economic Damages: Intangible losses that render a need for compensation, such as physical and chronic pain, mental suffering, sleep losses, loss of enjoyment of life, limitations or restrictions on daily activities, and long-term or life-long pain management.
A whiplash injury journal can document the extent of your injuries, pain, and suffering. You'll want to detail pain levels on a scale of 1-10, noting your pain's location, duration, and frequency. You should also detail sleep disturbances, your emotional state, and limitations or inability to perform daily tasks, such as driving or work-related duties, like lifting.
Filing a Whiplash Injury Lawsuit Versus an Insurance Claim
Retaining a personal injury attorney for a whiplash injury is important due to the complexities of these cases. Whiplash is a more challenging injury to document and prove. Still, it is a common misconception that you need to file a lawsuit to recover damages after a whiplash injury.
Generally, accidents are settled outside the court between personal injury attorneys and liable insurance companies. If a settlement cannot be agreed on, the parties may file a civil lawsuit.
Consult a Personal Injury Attorney
To better understand how much your whiplash injury is worth, consult with a personal injury lawyer. Present your evidence regarding whiplash injuries and damages during your free case evaluation. They will help you understand the potential worth of your claim or the need to proceed with a lawsuit.