Factors Affecting Your Whiplash Settlement Amount


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Painful neck injuries such as whiplash are always a potential outcome of an automobile accident.  If you have been involved in an automobile accident and have experienced whiplash, you already know about the debilitating circumstances and symptoms that can arise over time as your muscles attempt to heal and your body tries to repair the damage that was done.  If you are seeking a financial settlement from your own insurance company, or from the insurance company of the person who hit you, there are a number of factors you should be aware of that can impact the amount of  your potential whiplash settlement amount. (See also whiplash injury enough for a personal injury claim).

Understanding Your Whiplash Settlement Amount

  • One factor that can drastically affect the amount of a potential whiplash settlement is whether or not financial loss occurred as a result of the injury. 

Essentially, this means that you suffered a measurable loss of income or lost the ability to perform work as you did prior to the accident.  This may mean that you had to take a lower paying job because you could no longer perform your previous job, or that you had to apply for disability because you could no longer perform any job at all without pain and discomfort.  If you suffered a financial loss as a result of the whiplash injury, you will find that your settlement amount should be significantly higher to make up for this loss.

  • Another factor that impacts the amount of whiplash injury settlements is the extent of the damage that was done during the crash. 

Relatively mild whiplash injuries that have not led to significant impairment will not receive as large of a settlement as a serious injury that led to permanent disability or debilitating conditions.  Conversely, a very serious injury can lead to a much higher settlement amount because you will less able to do the types of things you enjoyed prior to the injury, and as a result the jury or insurance company should pay you a higher amount of money to compensate for this change in your lifestyle.

Getting Help

A third and often overlooked factor that affects the amount of a potential personal injury claim for whiplash is whether or not you have hired a competent attorney.  Many people do not realize that the initial settlement offered by an insurance company is often drastically low, and that by accepting it, they will waive their right to collect further damages.  If you hire a competent attorney, you can drastically increase the amount of your settlement, regardless of other factors that may be involved.

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