Whiplash is an injury to your neck. It is caused by your neck bending forcibly forward and then backward, or vice versa. The injury, which is poorly understood, usually involves the muscles, discs, nerves, and tendons in your neck. Neck and back injuries, like whiplash, can lead to chronic pain, lost wages, and more. Whether through an insurance claim or lawsuit, getting fair value compensation for a whiplash injury often hinges on timely (and documented) medical treatment. Learn the average whiplash injury settlement for a car accident and how a personal injury lawyer can help you file a whiplash injury claim.
What is Whiplash Injury?
During a motor vehicle accident, the vehicle can be violently jerked in any direction causing the muscles and ligaments of the neck to hyperextend or hyperflex, straining the body far more than it is meant to. Rear-end collisions are notorious for causing whiplash injury, because of the angle and force of impact in these types of crashes. Whiplash injury occurs in phases, occurring simultaneously with the physics of the crash. Each phase lasts mere seconds.
How long does it take to Recover from a Whiplash Injury?
The time needed to recover from a soft tissue injury to the spine caused by a whiplash mechanism is unpredictable. Many factors may be responsible for this including age, general health condition and fitness. Some people find treatment such as physiotherapy helpful, while others find physiotherapy of no assistance. Even the medical profession finds it hard to predict recovery rates and outcomes when dealing with a whiplash injury. In some cases, the recovery time for a whiplash injury may be very quick and in others, a person may take months, if not years, to recover.
Extenuating medical conditions
Each whiplash case can include indications of other underlying medical issues. This is why it is so important to seek medical attention as soon as possible, as unnoticed damage along the spine can result in additional serious medical complications.
While paralysis associated with a whiplash injury isn’t common, previous injuries to the skeletal region and body extremities can be worsened following a whiplash injury. Not only is whiplash the most common injury, it is a much more serious medical condition than most insurance carriers want to admit.
Start the Claim Process ASAP
If you have a medically-documented whiplash-type injury, do not delay in starting the personal injury claim process. If your injuries stem from a car accident and you live in a no-fault car insurance state, notify your insurance carrier. If you live in a state that allows liability claims for personal injuries after a car accident, notify the at-fault driver’s insurance company—in writing—of your injuries and your intent to file an insurance claim or lawsuit. Your injuries may get worse; they may get better.
The sooner you notify a potential payee of your claim, the more serious the consideration you’ll receive. Keep in mind that starting the claims process ASAP does not mean accepting a settlement ASAP. You need to make sure you understand the nature and extent of your injuries and all other damages arising from the accident.
What Is The Average Whiplash Settlement Amount?
Whiplash injury settlements will be unique according to each claimant. First, different factors will affect how much you will receive for your whiplash injury, like the severity of your injury and how it affected your life. The type of injury will also play a role. If you suffer a serious back or neck injury that will cause you permanent disability, make you unable to work, or alter your life in other ways, you may receive a higher settlement offer. Who was at fault for the car accident will also affect your settlement amount.
When one driver is completely at fault for an accident because they failed to exercise proper care for other drivers on the road, this is known as negligence. Personal injury cases, such as those involving whiplash, must be able to prove negligence was a factor. A court will determine a whiplash injury settlement offer that reflects the extent of your injuries and the way they have impacted your life.
Why Do I Need an Attorney After a Car Accident?
Auto accidents and whiplash are not the only two things that you have to be concerned about. If you have been in a car crash, you may have other serious injuries as well. You may also be struggling to recover to return to work, gather evidence about your claim, and deal with the insurance company representing the other driver. In fact, your insurance adjuster may not even believe that your whiplash injuries are authentic, especially if you did not seek treatment for them immediately following your accident.
At Patterson Dahlberg, Personal Injury Lawyers, our team of lawyers and attorneys in Rochester, MN have the skill and experience you can depend on when you need legal representation. We will provide expert counsel to assure that your rights are protected. Personal Injury is all that we do and we are experienced, dedicated, and personable with our clients. Our experience means we have handled cases just like yours before, and know how to maximize your claims to protect your family. Contact us to learn more and get started.