Whiplash injury settlements are investigated and valued different than other types of personal injury lawsuits. Because of the prevalence of whiplash claims and the difficulty of proving and treating such claims, many insurance companies view claims of whiplash injury with suspicion. This does not mean that individuals suffering from whiplash are not offered compensation, but rather that the facts taken into consideration differ from other types of injuries.
The Specifics of the Accident
The first place insurance companies and lawyers turn when valuing a whiplash injury are the facts of the accident. The rate of speed at which the accident occurred, the amount of damage caused by the accident, the number of parties involved and how many individuals are claiming injury are all carefully analyzed to explain the seriousness of the whiplash injury. The higher the severity of these factors, the more likely it is that the whiplash injury is also serious and requires treatment.
Prior Physician Visits
Since whiplash is a painful injury, most insurance companies expect individuals suffering from it to seek immediate treatment. The insurance company will then look to the amount and extent of treatment the patient has undergone prior to the start of settlement negotiations. However, in this circumstance more treatments are not necessarily better. An individual that has sought a medium range of treatment will do best in settlement negotiations; more treatment indicates that the injured party might be lying and that he and the doctor are merely attempting to exaggerate the injury to obtain more money.
Similar Settlements in the Area
The next place an insurance company and a lawyer will look to value a whiplash injury is the average settlement payout for similar injuries. Although no two accidents are alike, similarities in speed, location of the whiplash, the number of parties and the point of impact are enough to use another accident as a comparison. While many settlements are private, court cases that show how much an injured party was awarded will be used as a guideline for your settlement amount.
The Injured Party Themselves
The final place the insurance company will look when valuing a whiplash injury is to the party claiming injury. The company will review the location of the injury, the claimed severity of the injury, whether the party was a passenger or a driver in the vehicle and any other insurance coverage the injured party may have that can be used to treat his injury.
Getting Legal Help
If you have been involved in an auto accident and would like to pursue compensation for your whiplash injury, seek legal advice. A lawyer will review the facts of your case and detail the considerations that will be taken into account in valuing your injury.
