If you have whiplash, you might think you’re entitled to very little. But that’s not true. Generally, the first question that attorneys get asked is ‘how much is my claim worth?’ Unfortunately, there is no average universal sum but there is a way to calculate what you’re entitled to.
We’ll provide a clear formula to follow to calculate your potential payout. We will also delve into the inner workings of the average claims. This will help you to gain an accurate idea of what you can expect through a settlement. Take a look below!
How Can I Calculate What My Claim Is Worth?
When it comes to whiplash claims there is no guarantee of any fixed amount. Your settlement will reflect the pain and suffering of your individual experience.
The whiplash claims average payout is dependent on:
- Whiplash severity. Based upon pain, and reduced mobility along with other side effects of whiplash.
- The medical treatment you received after the incident. This may include prescribed or over the counter medication.
- If you had to undergo any physical therapy or extensive pain management therapy. This could include seeing alternative therapists after visiting your MD.
- The presence of chronic pain, muscle weakness, visible scarring or loss of sensation.
- Time spent off work and engagements or commitments such as vacations and appointments.
Each of these key factors will determine the amount of compensation settled. But you will need to prove them, and this is sometimes easier said than done. The suffering and pain caused by whiplash is not always clear. Even CT and MRI scans can fail to pick up on the damage. This is due to the minute size of the fractures and tears in the neck.
What Evidence You Need
To increase the chances of obtaining the compensation you deserve, consider what evidence you have:
- Solid proof from a reputable registered MD such as medical records. You don’t want to walk into a court room without proof!
- Pictures and video from the scene of the accident
- Any proof that the other driver admitted fault or that you were not at fault, e.g. dashcam footage or witness statements
Each of these factors will help you understand the strength of your case. And remember, there’s no such thing as too much proof. The more information you have the better. Which is why you should always seek help from your MD before making a claim. Your personal injury attorney can direct you towards personal injury doctors. The sooner you collect this evidence the better. Delaying your claim will only rouse suspicion.
Whiplash Claims Average Payout for Mild Whiplash
Mild whiplash is by far the most common form. Yet, ‘mild’ whiplash can sill cause discomfort and pain that needs treatment. That’s the case even if that treatment never extended beyond an initial examination. The recovery time also determines the severity of the whiplash. If you were able to go back to normal after a short period of time your whiplash will classify as mild.
Claimants with mild whiplash will still get a settlement. Regardless of what your claim is worth, you are still entitled to compensation. No matter how severe your condition or suffering it’s still worth claiming for it- that’s why you pay insurance, after all. Those with minor injuries that lasted no longer than a year would see a payout of around $500-2,500. Don’t take this ballpark figure on face value. Consult with a qualified personal injury attorney and your MD for a specific answer.
Whiplash Claims Average Payout for Moderate Whiplash
Suffering from moderate whiplash often means repeat visits to your MD. Moderate whiplash causes significant daily discomfort, not only standard pain. Whilst you will recover in time, moderate whiplash can be very uncomfortable to live with. It can often hinder your ability to perform everyday tasks.
Moderate whiplash can cause a mild physical disability due to lack of mobility. In some cases claimants are unable to turn from side to side. This in-turn affects an individual’s range of movement significantly. If your whiplash leaves you unable to work then your claim entitlement will increase.
Whiplash claims average payout for moderate symptoms tends to be over $3,500. This ballpark figure is for whiplash victims in need of long-term treatment. Your treatment may see you making many trips in and out of hospital or visiting physio therapy. Your compensation will reflect the inconvenience of time invested in recovery. Which means it is highly likely that you will see a loss of earnings if you’re employed.
Whiplash Claims Average Payout for Severe Whiplash
Severe cases of whiplash aren’t common cases settled in court. Severe whiplash classifies as terminal discomfort and pain. This makes your condition a chronic illness or disability. More extreme cases can leave victims with very limited mobility of their body.
There are many conditions extreme whiplash can leave you with. The compensation can help claimants through mentally and physical suffering. Whiplash is more more complex than a sore neck. Never downplay the severity of your pain. For severe whiplash claims the ballpark figure is around $6,000 and above. It all depends on your individual experience, which you can tell your attorney about during a free consultation.
Get in Touch Today
If you want to find more about Whiplash Claims Average Payout contact Malnar Law, P.C. today. Malnar Law, P.C. assists whiplash sufferers in getting the best settlement possible. If you’ve recently been in an incident, or your symptoms have worsened don’t hang around. Ryan Malnar has been helping whiplash victims of all severity in Colorado Springs for over 10 years, so you’re in good hands. He answers the phone; you’ll speak to a qualified legal professional. And even better, he’s completely no win no fee. So call today!