FAQ

What is the average insurance settlement for whiplash injury

what is the average payment for whiplash?

Whiplash injuries, on average, pay between $10,000 and $20,000. however, this is only an average whiplash injury settlement. averages are skewed in whiplash injury cases because some cases can result in extremely large settlements and others can result in extremely small settlement amounts. If you suffered a whiplash injury in Houston, Texas, or nationwide, and are wondering how much your case is worth, contact us now to speak with a whiplash injury attorney.

Whiplash Injury Awards and Whiplash Compensation

Whiplash is the most common injury resulting from a car accident and most often occurs in rear-end collisions, the most common type of car accident. So it’s no surprise that whiplash injury lawsuits are numerous and that billions of dollars in whiplash settlements are paid out in the United States every year.

Reading: What is the average insurance settlement for whiplash injury

Nearly 900,000 whiplash injury lawsuits are filed each year and whiplash settlements have almost become standardized due to their frequency. but therein lies a fundamental problem; Insurance companies often hide behind their “standard” compensation for whiplash injuries and refuse to go any higher. They don’t care if whiplash victims’ needs are met or not.

Whiplash Injury Lawyer – Houston, Texas

This is why it is so important to call or contact patrick daniel law if you have suffered whiplash injuries in a car accident. The average whiplash settlement is between $10,000 and $20,000, but that’s just average. there is a wide range of numbers, but those numbers are meaningless if they don’t cover his needs.

Too many plaintiffs accept a whiplash settlement offer before they have even considered the full extent of their loss, a whiplash injury attorney can help you determine the correct compensation. Our houston whiplash injury attorneys will provide a free consultation and let you know the value of your whiplash injury.

patrick daniel and his legal team are very knowledgeable about whiplash injury law. Not only do they know whiplash injury law inside and out, but they also know the sneaky tricks used by insurance adjusters and their legal representatives to confuse, mislead, and intimidate victims into accepting whiplash settlement offers. that are woefully inadequate.

Whiplash – what is it?

according to the mayo clinic, whiplash is an injury to the neck due to rapid and forceful forward and backward movement of the neck. the movement is much like the crack of a whip. A whiplash injury can be the result of a fall, physical abuse, or more commonly, a rear-end car collision. In some circles, whiplash injuries are called neck sprains.

Recovery is routinely impaired by a couple of weeks of rest, pain medication and physical therapy. But for some victims, recovery is a long and arduous process, delayed by setbacks and chronic conditions that persist despite all treatment techniques.

Whiplash Injury: Main Symptoms

Symptoms of whiplash injury usually manifest within hours of an accident, if not immediately. include:

  • neck pain and stiffness.
  • pain that intensifies with movement of the neck.
  • range of motion in the neck is restricted.
  • pain in the shoulders, upper back, or arms.
  • headaches radiating from the base of the neck.
  • numbness, especially in the arms.
  • fatigue.
  • dizziness.
  • Whiplash Injury: Secondary Symptoms

    • blurred vision.
    • tinnitus (ringing in the ears).
    • irritability.
    • alterations in sleep patterns.
    • difficulty concentrating, memory problems, depression.
    • See a doctor for your whiplash injury

      With any serious injury, the sooner you seek medical attention, the more complete and quicker your recovery will be. this is particularly crucial with whiplash injuries.

      Initially, you want to be able to rule out broken bones. There are seven bones (vertebrae) in your neck, and if you’ve sustained an impact hard enough to fracture or dislocate a vertebra in your neck, you’ll probably get medical attention at the scene of the accident whether you want to or not. .

      It is possible to break or dislocate a vertebra in your neck or spine without realizing it at the time, but the symptoms will not hide for long. It’s always best to see a doctor right away and get a professional diagnosis.

      Whiplash claims always raise red flags for insurance providers

      Another reason to see a doctor as soon as possible after an accident is that the success of your claim depends on a confirmed diagnosis of whiplash by a qualified doctor. it is absolutely necessary. even then, the doctor’s diagnosis can be challenged by the insurance company or opposing attorney if the case goes to court.

      Because it has so many symptoms that no one but the victim can easily distinguish, whiplash is scrutinized more closely than any other injury when a claim is filed. Insurance companies automatically suspect fraud in whiplash cases, because fraud is still prevalent in the US. uu.

      Doctors perform tests for whiplash and those tests are generally accepted throughout the medical community. But that doesn’t necessarily mean insurance companies automatically accept them. These tests are valid only if the patient tells the truth about what hurts and what is her range of motion.

      Fair or not, this puts a stern eye on claimants, who can expect a tough line of questioning from the start of the claims process. if the case goes to court, the attacks on its integrity will increase exponentially.

      Whiplash awards for the right reasons

      It is unfortunate that because some claimants tried to cheat the system, and in many cases got away with it, insurance providers refused to make whiplash settlement offers until the claimant had proven their honesty to your satisfaction. while in other injury claims, some confidence is placed on the claimant, the burden of proof increases when it comes to whiplash cases.

      That’s why it’s critical to hire an attorney as soon as possible after your injury. he may take the position that he would prefer to wait until he hits a roadblock in his whiplash injury compensation claim, but he almost certainly will. And if you’re concerned that hiring an attorney immediately after an accident will raise suspicions, don’t worry; the suspicions will already be there.

      The term “whiplash” itself seems to trigger thoughts of fraud and mistrust. Common internet search phrases like “how much should I settle for a back injury” or “average back and neck injury insurance settlement” seem to want to avoid the stigma attached to the term whiplash. Whiplash is a clearly defined condition that the American Medical Association recognizes at face value. If you’ve suffered a whiplash injury, call it what it is, hire an attorney, and get on with the process, because there’s work to be done.

      Whiplash Injury Pay Scale: Doesn’t Really Exist

      Many insurance companies have handled so many whiplash injury compensation claims that they created a “standard” whiplash pay scale for internal purposes, but they would love for you to believe that it is an industry-wide standard that counts. with court approval. .

      It is common for a claimant with a back and neck injury to be told, “That’s the standard for this type of injury.” we can’t go any higher.”

      yes, they can. and they will, if the court orders them to pay a specific whiplash award.

      How much should I settle for after a whiplash injury?

      The amount of compensation you can receive for a whiplash injury depends on the severity of your injuries, the degree to which your normal life is affected, and whether you can achieve the life you had before the accident.

      The average amount of compensation ranges from a few thousand dollars to more than $20,000, but “average” means nothing more than the result of mathematical calculations. your injuries belong only to you and only you know your normal way of life, and it is quite arbitrary to apply averages for other plaintiffs in your case.

      precedent, what has happened with other whiplash claims, will play into your claim, fair or not. Here’s more information on getting fair compensation for a whiplash injury.

      general damage and special damage

      As a legal term, “damages” is the amount you are awarded if you win your whiplash lawsuit. they are the types of loss that cannot easily be given a monetary value.

      examples of general damages include:

      • pain and suffering.
      • loss of consortium. this is the loss of love, affection, companionship, comfort, care, protection, and other basics of social life.
      • emotional trauma. legally defined as a highly unpleasant emotional reaction, such as anguish, humiliation, rage, depression, etc.
      • Special damages refer to losses that can be assigned a monetary value, because they can be verified through bills and receipts for things like out-of-pocket medical expenses and lost wages.

        A general damages award is more likely to be precedential than special damages, and that is the element of your whiplash claim that is most likely to be challenged in negotiations or cross-examination in the courtroom. of the court.

        How is compensation for multiple injuries calculated?

        an impact strong enough to cause whiplash injuries likely caused additional injuries. They can be minor or serious. adding them to your overall whiplash claim is simple, but negotiations can get complicated.

        Basically, there is no difference in how damage is calculated. special damages are based on verifiable evidence and general damages are based on pain and suffering.

        but the criteria for pain and suffering from damages is very subjective, and it is common for the opposing side to try to trivialize the victim’s pain in the other injuries, which can be almost anything: broken bones, lacerations, bleeding internal, joint dislocation, facial fractures, contusions, spinal damage, etc.

        Your best strategy here is to work with your injury attorney and take an inventory of all injuries. be aware of how much they hurt and how much they affect your lifestyle.

        steps to get a fair whiplash settlement

        See also: How much do insurance companies pay for whiplash

        With your attorney working on your behalf, you can establish a figure that truly meets your needs. You are entitled to receive compensation for:

        • Out-of-pocket medical expenses. This is for expenses that are not reimbursed by insurance. this includes annual deductibles, copays and services and items not covered by the policy.
        • lost wages and possible lost wages. the term lost wages includes money you would have earned from the time of the accident to the date of the settlement. Potential lost wages may also be referred to as diminished earning capacity and refer to future earnings prospects.
        • emotional stress. emotional stress is more complex, but essentially involves negative feelings, such as anxiety. its clinical definition is a condition in which a person does not have adequate personal resources to deal effectively with situational demands.
        • pain and suffering. Almost always related to emotional distress, pain and suffering include aches, temporary or permanent limitations in activity, possible shortening of life, depression, or scarring.
        • The first two categories are easier to calculate than the second two, but the ease of calculation has no bearing on the value of your case in terms of compensation. Insurance companies and their attorneys will use histories of similar cases to try to sway potential whiplash awards, but your case is specific to you.

          After a whiplash injury: what should I do?

          first step: go see a doctor

          In most states, mutual aid agreements between police, fire, and ambulance services require that they respond to a car accident call unless the dispatcher fires them. so if you do have an accident, an ambulance will likely be on the scene soon.

          If you feel any pain that was not there before the accident, especially neck and back pain, you should consider taking an ambulance to the nearest hospital. The sooner you seek medical attention, the sooner you will begin to heal. this is also important for the claims process, but your main goal at this point is to treat your injuries.

          If you sustain a serious enough injury, you will be admitted to hospital for ongoing care, but you may also be treated and released, with the recommendation that you seek follow-up care from a doctor. don’t skip this step! some complications don’t show up for days, or even weeks, and you want as much medical intervention as possible.

          It hurts your case to be treated and discharged (or refuse medical care at the accident site), followed by a long period of time before seeking further medical intervention. however, this is a common scenario, and you wouldn’t be the first person to mistakenly think it was okay at first and not so okay later. It won’t ruin your claim completely, but it will complicate negotiations.

          Step Two: Contact a Whiplash Injury Lawyer

          patrick daniel law has a 98% success rate in winning personal injury lawsuits. Part of the reason for their unmatched winning percentage is that they are experienced enough to recognize a case that has great potential to win and one that is problematic. no attorney wants to take on a case with issues that will be difficult to resolve. Contact Patrick Daniel Law at (713) 999-6666 or contact us online.

          Insurance companies and firms that represent them don’t want you to hire a lawyer. They operate from a position of strength early on, when it’s just you against them, and they like it that way. They may even openly try to dissuade you from hiring a lawyer, but you can tell from their passion to persuade you otherwise that they fear the consequences for themselves.

          Step Three: File a Whiplash Injury Lawsuit

          Whether you have hired an attorney or not, you should file an injury claim with the at-fault driver’s insurance company as soon as possible after the accident. don’t delay because you don’t know what your final total for medical expenses and lost wages will be. those factors can always be edited later.

          Follow all the steps required to file the claim: copies of bills, police accident report, and relevant documents. you do not want your claim to be delayed, reduced, or dismissed entirely because of a technicality. Again, the insurance company can use any missteps on your part as a reason for not paying what you should, but it doesn’t really release them from liability. With the help of a skilled attorney, you can overcome almost all procedural errors, but they are better avoided than corrected.

          However, there is one thing you should not do. do not give a personal statement, either by voice or in writing. You are not required to provide a personal statement, but you will almost certainly be asked for one, and the caller may hint that you must provide a statement in some way. (There are extenuating circumstances where providing a statement could be beneficial to your case, but don’t act without first consulting your attorney.)

          step four: update your evidence

          Nothing impedes the progress of an insurance claim or court case like a lack of evidence. Whether the evidence was never collected in the first place, lost, or mishandled, it can make or break your case.

          If you file a claim immediately, as it should be, your claim will be incomplete by default when you first file it. medical bills are notoriously slow in coming and often seem like they will never end; In addition, the expenses for follow-up, physiotherapy and peripheral expenses have not yet arrived. take as much care in preserving this evidence as you did with the initial documents.

          As already mentioned, your testimony is subject to question and vulnerable to misinterpretation. the solid evidence is unshakeable.

          How long does it take to receive compensation for whiplash injuries?

          The entire process, if your claim becomes a lawsuit, can take anywhere from six months to over a year before the final verdict. but 95 percent of all personal injury cases are settled before going to trial.

          The insurance company will likely contact you early in the process, usually within a couple of weeks. they may have an offer at the time (careful though, it’s likely to be disappointing), or they may want to gain information and gain your trust.

          Reaching a pretrial settlement can take anywhere from two to six months, but there are so many exceptions and so many variables that expecting your case to follow the pattern of other cases would be an exercise in futility.

          Whiplash Injury: Tricks from the Other Side

          Whiplash cases create the perfect venue for insurance companies who want to avoid whiplash settlements they disagree with. they often perform jekyll and hyde routines with the plaintiffs (before the case goes to court) and the plaintiffs (after the case goes to court), being cheerful at first and then becoming stern and intimidating when suits your purposes.

          “Hello! nice day not! just sign here.”

          Usually the first communication you will receive from an insurance company will sound like mr. rogers welcomes you to his neighborhood. they may open up with a genuine-sounding concern for your recovery and then, having earned your trust, move on to the business at hand.

          For them, the business at hand is getting your signature on a whiplash settlement, a settlement they will promote as very generous, a settlement they are sure will take care of your needs and put you happily on your way. return to the life you once knew.

          You can be sure that the first offer will be an amount the insurance company can live with. but it will be an amount you cannot live with. if you decline the offer or mention that you want to take some time to think about it, they may tell you that there is a time limit and that the offer will no longer be valid after a certain date.

          Insurance companies can extend or withdraw offers as much as they want, impose deadlines and write conditions on the settlement, but none of that reduces their obligation to pay compensation for whiplash injuries to those who deserve it.

          Whiplash award limit

          Insurance companies will often try to inform claimants that the offer they are offered represents an average whiplash settlement, something that all insurance companies believe to be reasonable. This will likely come with a take-it-or-leave-it attitude, coupled with a prediction that any attempt to get a better deal will fail. Unless you speak with a whiplash injury attorney, you won’t know the cap amount for your specific case.

          “we just need a statement from you”

          Never give a statement to the insurance company or opposing attorney. Statements can be misconstrued, taken out of context, or used against your credibility if the case goes to court.

          The insurance representative will likely mention that he has already obtained statements from other parties or witnesses, and will present this as an opportunity for you to provide “your side of the story.” what they’re really looking for is misstatements, or comments that can be manipulated, or comments that might have been true at the time they were made, but are no longer true due to changes in your situation.

          The law is on your side in this regard. You do not have to provide anyone, including your own employer, with a statement about the occurrence of the accident, your state of health, or your state of mind. you don’t have to say anything, period.

          However, you should speak openly with your attorney to provide him with all the information necessary to litigate your case.

          difference between declaration and deposition

          There is a difference between a declaration and a deposition. if you are asked to provide a deposition, it should be approached with the same conduct as courtroom testimony, because in a way it is. At a deposition, all parties on both sides are present and you are under oath.

          You must tell the truth when submitting an affidavit and answer questions from either party. this is part of the discovery process in a legal case, where facts are gathered and refined. As long as they are pertinent to the case, attorneys can ask any questions that come to mind. they can be difficult questions, annoying questions and questions that carry an undertone of suspicion.

          Your job, if you are declared (asked to provide a statement) is simply to tell the truth. you are probably not the only person deposed. a statement may be requested from eyewitnesses, experts and those who have some knowledge pertinent to the case.

          wait for it: how insurance companies stall whiplash claims

          youtube channel editors like to grab the attention of internet users by promising them a spectacular video moment and writing “wait for it” in the title so that viewers can endure the boring prelude to the big event, which can be or not be all that spectacular. Essentially, that’s what some insurance companies do when they process a claim. they promise a successful conclusion to the process if the claimant is patient through endless delays.

          See also: How To File A Complaint About Your Insurance Company – Forbes Advisor

          the reasons for the delays are many and they have a storage room full of them that they can use whenever they want. Sometimes, they use these process complications to insinuate that the claimant has an invalid claim, or is missing some crucial element.

          During this often arbitrary delay, they may mention that the offer you initially turned down is still available, if you’re tired of waiting. Their benefit to delay is that every day that goes by without resolving the claim is another day that they don’t have to write a big check.

          If the delay lasts significantly longer than a year (and many do), the window of opportunity for a lawsuit begins to close. In most states, the statute of limitations for filing an injury claim is two years.

          How could you watch tennis with your supposed injury?

          Whiplash is easily the most contested injury in the claims process, in part because there have been so many cases of fraud in the past. but also, there are no externally perceptible indications of how much pain a person is in, or how flexible a person’s neck and back are. some people get over a terrifying crash and resulting whiplash injury in just a few weeks, and some people are still struggling months later.

          For these reasons, insurance adjusters and defense attorneys are tough when questioning a whiplash victim. They will often bring their own expert witnesses whose testimony will oppose yours or your doctor’s. they will maintain that the injuries are not as serious as you have said they are, or even that you had a pre-existing condition. they will try to twist every word of your testimony and try to pin you down on points that suggest you are not as seriously injured as you say you are.

          In order for a whiplash injury case to proceed through the court system, the plaintiff (with the help of their attorney) must obtain testimony from an independent medical examiner (IME) who is not regularly associated with either you or the law firm that represents you. the defense can also contribute their own time, but keep in mind that “independent” does not necessarily mean “impartial.” the defense team’s ime could be someone handpicked for his propensity to downplay the seriousness of injury claims.

          Whose fault was the accident?

          The vast majority of whiplash injuries occur as a result of motor vehicle accidents, specifically rear-end collisions, the most common type. but whiplash injuries can be sustained in sports mishaps, falls, and domestic abuse incidents.

          For many people, a rear-end collision can only be the fault of the car behind, the one that hits. But in these days of road rage and staged accidents, the question of who is at fault in a rear-end collision is no longer so obvious.

          Dash camera recordings of rear-end collisions show that sometimes, for whatever reason, the car in front collides with the car behind or brakes so suddenly that the vehicle behind doesn’t have time to stop. this could be accidental or it could be a deliberate brake check. there’s also the “swoop and squat,” a clearly intentional scam in which a car swerves sharply to expose a slow-moving car that the car behind can’t avoid.

          These are rare occurrences, but they are frequent enough to prompt insurance companies to question accident victims about how they were driving just before the crash. they do not have to prove that the claimant was at fault. they just need to make the claimant uncomfortable enough to sign a whiplash settlement that favors the insurance company.

          pay the bills now or wait for a whiplash settlement?

          It’s understandable that you’d be reluctant to call your own insurance company to pay bills when you were the innocent party in an accident. The other driver’s insurance, who is already raising questions about your claim, won’t write any advance checks to “get you out,” so you’re left with the option of letting the bills go unpaid, paying them out of pocket, or filing a claim with your own insurance company.

          If you have auto insurance, you’ve already paid for coverage for uninsured motorists and for situations (called gaps) where money is needed before final settlement of a claim. For most insurance companies, this is an appropriate time to take advantage of the policy. insurance companies differ on this policy, so check your policy and call your agent if you have any questions.

          In many cases, your attorney can negotiate with medical providers, inform them of your situation, and persuade them to let unpaid bills wait until the matter is resolved. This will help prevent interruptions in your health care, protect your credit rating, and give you peace of mind during a troublesome episode in your life.

          Whiplash and related injuries

          Whiplash is just one of the medical categories of back, spine, neck and head injuries. If you get whiplash, you can also get any of these related injuries that are serious enough on their own, but when combined with whiplash pose a very significant risk.

          This reiterates the importance of seeing a doctor as soon as possible after an accident. a diagnosis of whiplash does not rule out any of these other conditions. if left untreated, they can lead to chronic suffering, paralysis, and even death.

          punch counterpunch

          coup countercoup is a head injury that occurs in a sequence much like the sequence that produces whiplash. occurs when the head hits an object (or an object hits the head) and the recoil effect causes the brain to collide with the skull on the opposite side. the action can be front to back, back to front, or side to side. blow is the initial impact, counterblow is the diametrically opposite injury.

          Whiplash often includes kickback. brain hematoma is very serious. concussion can cause problems with reasoning and decision making, speech, understanding speech, and memory. More serious impacts can result in difficulty swallowing, vertigo, coordination problems, muscle weakness, paralysis, and sensory perception.

          spinal cord injury

          Damage to the spine, connective tissue, spinal cord, and nerves can cause a variety of very serious conditions, including weakness, tenderness, and any motor function below the point of injury.

          When paramedics arrive at the scene of an accident and triage injured parts, one of the first things they do if they suspect a spinal injury is ask the patient to move certain body parts: fingers, arms, legs and toes. they can also test sensations in those areas.

          The severity of the spinal cord injury can result in possibly permanent conditions of:

          • incomplete spinal cord injury: You have some motor or sensory function below the area of ​​injury (also called the neurological level).
          • complete spinal cord injury: You have lost all sensory function (sensation) and all ability to control movement (motor function).
          • tetraplegia – also known as quadriplegia, this is when your arms, hands, legs, trunk, and pelvic organs are affected.
          • paraplegia: all or part of the trunk, legs, and pelvic organs are affected.
          • Symptoms to watch out for after a spinal cord injury include extreme back pain, weakness, loss of coordination, or paralysis in any part of the body; numbness or tingling; loss of bladder or bowel control; trouble walking or keeping your balance; difficulty breathing; unusual sprains of one or more limbs.

            whiplash-type headaches

            Headaches that radiate from the base of the skull are usually the result of a whiplash injury. Nearly two-thirds of whiplash victims also suffer from whiplash headaches. these are the result of inflammation and irritation of the cervical facet joints, either directly from the movement of whiplash or indirectly, as a result of swelling in the affected area.

            Treatment for whiplash headaches is physical therapy and mild anti-inflammatory medications. If pain persists, even when other injuries have improved, steroid/anesthetic injections into the facet joints of the spine may provide more complete relief, but even these methods have their limitations.

            Physicians have obtained satisfactory results with the use of radiofrequency analgesics.

            pinched nerve

            A pinched nerve occurs when too much pressure is applied to a nerve by surrounding tissue, bone, cartilage, muscle, or tendon. the pressure impedes nerve function, causing pain, numbness, tingling, or loss of strength.

            Contusions and edema (swelling) can also cause pinched nerves. this may be an additional symptom of whiplash, a symptom that may take a while to develop. For the most part, a pinched nerve will heal with a few days of rest, but in severe cases, surgery may be required.

            Medical Providers: Who to Go to After a Whiplash Injury

            If you entered the medical setting via an ambulance ride to the hospital, many of the treatment decisions were made according to protocol based on your injuries and the evidence thereof. you can accept or challenge those decisions, but it is considered courtesy to initially give professionals the opportunity to demonstrate why they are professionals.

            If you are discharged to your own care, with recommendations on who to contact for further care, you can proceed to the next step. These are all good options after a whiplash injury:

            • family doctor, general practitioner. You may feel more comfortable with your family doctor, but they will most likely refer you to a specialist.
            • Chiropractor. Whiplash is considered a soft tissue injury and chiropractors specialize in soft tissue healing. however, they are not licensed to prescribe pain medications.
            • osteopath. an osteopath can provide hands-on care and medications. they are licensed in all 50 states to provide the full range of medications, including surgery.
            • rehabilitation specialist. A rehabilitation specialist does not provide the full range of medical procedures, but may perform minor surgical procedures, such as epidural injections and steroid injections.
            • pain management specialist. A pain management specialist can be a licensed physician or an osteopath who specializes in the treatment of pain. pain control is often dovetailed with other forms of treatment, which at some point may make pain control no longer necessary.
            • orthopedic surgeon. An orthopedic surgeon focuses primarily on broken bones and dislocated joints, but can help treat the side effects of soft tissue injuries.
            • neurologist. This is a doctor who specializes in treating the central nervous system. they do not perform surgery, but may use electronic diagnostic equipment to determine the cause of nerve damage or dysfunction.
            • Physical Therapist. Physical therapists are part of a new “golden age” of health care and understand the relationship between healthy muscle function and overall health. they can be extremely helpful in treating soft tissue injuries, using techniques such as massage, stretching, and strengthening.
            • Whiplash prevention

              While there is little you can do to prevent another car from rear-ending you at a stoplight, there are some precautions you can take to lower your risk of whiplash injury. they won’t prevent you from having a hard impact at high speed, but they will help you in a low speed crash (which covers most rear-end collisions anyway).

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