Whiplash injuries are some the most common and misunderstood injuries suffered in auto accidents. They can be obvious in some instances, or they can take a week or more to manifest in others. And, they can have much more long-term implications that many injured victims understand.
Whiplash is also an injury that is commonly associated with other more serious neck and spinal cord injuries, all of which can take a long time to heal properly. Of course, many insurance companies attempt to lessen the level of seriousness when whiplash is being included as part of an injury claim, instead opting to avoid it if at all possible unless there is an additional extenuating whiplash injury.
This is why it is vital to seek legal advice from an experienced and aggressive personal injury attorney immediately when pursuing financial compensation in a whiplash injury claim.
What is Whiplash?
Whiplash occurs when a passenger is thrown violently forward or backward when being involved in a car accident. The whipping motion can occur from being struck anywhere along the frame of the vehicle, including from the side. The sudden yank in any direction can create the underlying strain that is the essence of the injury.
And, it is not merely a neck area injury. Neck injuries are common, but a whiplash injury can extent from the neck to either shoulder and even into the torso of the victim. Additional injuries can often include shoulder strains that can extend to the rotator cuff or result in pulled muscles in the chest. In addition, they often do not manifest for a significant time following the fact.
Why Do People Seek Compensation for Whiplash Injuries?
One of the major issues with whiplash injuries is that they can linger for years, and especially when there are other injuries around the neck and chest area. In addition, extended injury can also move upward from the neck area and create damage along the spinal cord and cranial region.
The neck is where all body nerve systems run from the brain to the lower body, and nerve injury associated with whiplash can be a permanent condition. Examples of additional injury can include difficulty walking or even partial paralysis in very serious cases.
Numbness and pain in the arms is also a common issue along with extensive pain and vertebrae damage in the upper back and neck. These are injuries that will be a major component of any general damages compensation for pain-and-suffering in a settlement offer, and the insurance company will always want a release of future responsibility for medical bills with any settlement acceptance.
It is crucial to get an equitable payment in the whiplash injury claim when there is a distinct possibility of future medical issues because injured victims only have one opportunity for financial justice.
The Claims Process Concerning Whiplash Injury
While the insurance company may begin paying medical bills before a settlement offer, a late diagnosis of whiplash should be included in the injury list as soon as possible. It is actually the primary injury claim in many car accident cases because it can be connected to so many other injuries in the upper body.
Just as with any other medical issue, it will be a separate element of the claim when all damages are evaluated in a settlement offer negotiation. Cases involving neck injuries that can take a significant time to heal can mean a frustrating wait for the claim process to play out, but the time is worth it when an experienced personal injury attorney is holding out for whole damages.
Whole damage payment is usually a major contention point for insurance companies who want to use comparative negligence in defending against claims. This is a real issue for those suffering neck injuries while driving, but typically not for passenger claimants.
What is the Average Whiplash Settlement Amount?
There is no specific average whiplash payout, but there are factors that can impact the amount of compensation that can be requested in a claim or lawsuit. Lawsuits are regularly filed when an insurance company does not want to pay whole damages because attorneys understand when the victim is being short-changed in a settlement package.
The amount of medical treatment affects the financial compensation level, and especially when general damages are being discussed. The defending insurance provider will always attempt to lessen the long-term extent or seriousness of a whiplash claim, but there is too much documentation available stemming from prior cases where whiplash affects can linger for years.
Many whiplash victims suffer neck pain for the remainder of their life even when the injury is moderate.
What Impacts the Average Whiplash Settlement Amount?
Medical bills are a primary indicator of how serious a whiplash condition is, and there will generally be an inclusion of whiplash complications in any medical treatment regimen. In certain respects, whiplash is an internal injury with little external signs of severity, but severity is still central to the claim when all is said and done.
And the severity will directly impact the amount of compensation that courts will allow in a settlement lawsuit when insurance providers are being difficult. It is by no means the invisible injury that providers like to claim, which is a standard defense even for injured passengers who have zero comparative negligence assignment when the accident is reconstructed and fault is finally determined. Injured drivers can also expect the court to reduce their award in accordance with their assigned comparative negligence percentage.
In states using modified comparative negligence law, some drivers who suffer whiplash damage and are over 50% at fault are denied any compensation at all.
When to See an Attorney
The truth is that it is best to seek legal advice and representation as soon as possible following any automobile accident, and especially for a whiplash injury claim. Evidence can fade fast, and your attorney can conduct a full investigation into the accident while evaluating all injuries connected to the incident.
Accident claims are much more valuable than many injured victims realize, and having an aggressive personal injury lawyer from the very beginning gives them an advantage in building a strong case for whole compensation payment. `