Whiplash is one of the most common injuries sustained in a car accident. Due to the forces involved when a moving car a decelerated rapidly, the passengers head will continue to travel while his or her torso has stopped or slowed significantly. This can cause sever strain on the tendons and muscles in the neck, causing pain that may last for many months or even years.
Settlement Compensation for Whiplash
The average settlement value for whiplash can range from $0 (for those people who are not familiar with their legal rights to obtain money for such injuries), to $10,000 or much more when a personal injury compensation claim is filed.
In order to calculate the amount of money that should be demanded for a car accident whiplash injury, there are several factors to consider:
- Cost of Medical Treatment
- Impact on Employment (Lost Income)
- Impact on the Injured Persons Life (Pain and Suffering)
The first two factors are relatively simple to determine. Simply demand the amount of money paid for medical bills, and the amount of money not earned (or time off from work used) due to the injury.
Including Pain and Suffering in a Settlement
Pain and suffering is a dollar amount that the law allows a claimant to demand for the impact an injury has on his or her lifestyle.
If a whiplash injury causes daily pain, forcing an injured person to avoid doing things he or she would otherwise do, then their is an negative impact on their lifestyle. Under personal injury tort law, the injured party has the right to file a claim against the negligent party for this “pain and suffering”.
Talk to a Car Accident Attorney
Trying to settle a whiplash claim without an experienced injury attorney will likley result in the claimant receiving far less money then they are afforded by law. Always talk to an attorney after a car accident with ANY injury involved.