What is the maximum payout for whiplash?
Treating whiplash injuries can be costly. For that reason, the potential compensation from a successful whiplash claim could also be significant. In most states, there no limits on the amount of compensation for whiplash-related medical bills. That said, a jury is the ultimate decider of the maximum available compensation for your whiplash claim.
If you sustained whiplash injuries in an accident through no fault of your own, you deserve financial compensation. The process of recovering compensation can be difficult, but that should not persuade you to accept less than what your claim is worth. With the right legal counsel could recover the compensation you are entitled to. An experienced car accident lawyer could advise you on what to expect from your whiplash injury claim.
Why whiplash injuries are so severe
Whiplash is an injury to the soft tissue in the neck. It occurs when the head is violently whipped in one direction, then whipped back again. This whipping motion can strain and tear the soft tissue around the spinal column in the neck. Whiplash injuries are commonly associated with motor vehicle accidents; specifically, rear-end collisions.
Diagnosing and treating these injuries is complex. Unlike damage to the spinal column itself, it can be difficult to visualize these injuries. Soft tissue damage is not visible on an x-ray, making it hard to quantify exactly how bad these injuries are.
This fact can work against you. After all, without visible evidence of your injury, the insurance company for the other driver can simply say your injuries are not as severe as you have made them out to be. This adds an additional layer of complexity to your injury claim.
The value of a whiplash claim
Many factors go into placing a value on a whiplash injury claim. These claims can settle for as little as a few thousand dollars or go as high as 7 figures depending on the specifics of the injury.
The value of a whiplash claim often centers on the cost of medical bills stemming from the injury. In general, an injury claim is worth more as the number of medical expenses grows.
While the cost of medical bills themselves can be significant, that only makes up a portion of a potential injury claim. Another major factor related to these injuries is the physical pain and suffering that comes with it. While pain and suffering damages can be substantial, several states do apply hard limits on this type of compensation.
Pain and suffering is not the only subjective form of compensation that could stem from a whiplash injury. Other examples include mental anguish, loss of consortium, and emotional distress. During your initial consultation with your prospective car accident lawyers, you could learn what to expect for each of these types of damages.
Resolving a claim with the other side
There are two ways your car accident attorneys could successfully resolve your whiplash injury claim. The first is through a negotiated settlement with the at-fault party or their insurance company. The second is by obtaining a verdict at trial.
Most of the time, personal injury claims end with a negotiated settlement. That does not mean that every settlement will make the plaintiff whole. Obtaining a fair settlement offer requires extensive work and skillful negotiating on the part of your legal team.
The insurance companies understand how beneficial an attorney can be during settlement negotiations, which is why they frequently make settlement offers immediately after the accident. Their hope is to resolve a claim for pennies on the dollar before you can speak with an attorney. Experienced legal counsel can help ensure you only accept offers that are fair.
Some cases will never settle. In those situations, a plaintiff’s only option for recovering compensation is to take their case to trial. If they convince a jury that their whiplash injury requires monetary compensation, the court will enter a judgment against the at-fault party.
How an experienced injury attorney could help
From reviewing your medical records to identifying the party that injured you, the roles your attorney can serve will vary dramatically. At Ellis Injury Law, we are experienced in every aspect of complex whiplash claims, and we look forward to helping you pursue the compensation you need. Call right away to schedule a free consultation.