There is no such thing as a standard whiplash settlement, because there is no such thing as a standard whiplash experience. Everyone who suffers from whiplash does so in completely different circumstances. The severity in pain is also very individualistic. Whilst some whiplash victims can get back to normal quickly, some aren’t so lucky. Others suffer with pain for years on end. So, as you would expect, the whiplash settlements vary.
What you can find out about are the factors that go into determining the value of your claim. There are plenty of them, which means it might not be clear how much you’ll get. That’s why it is always recommended to consult with a lawyer to help you through the process. Personal injury lawyers help claimants get what they deserve through years of experience. It can be pretty daunting taking on an insurance company or taking a claim to court, especially because whiplash is so contentious (because the injuries are relatively easy to fake). Factors that increase or decrease your whiplash settlement are also known as multipliers. They will also determine the amount of power you have in your negotiation. This is why solid evidence is crucial whether you have mild or severe whiplash. Read on to find out more about them!
Medical whiplash settlement multipliers include:
- Broken bones
- Eyesight problems
- Nerve damage
- Limited mobility
- Brain damage
- Scarring or facial disfigurement
- Loss of hearing
- Fractures and dislocations
- Loss of muscle mass
- Muscle or tissue weakness
- Emotional trauma
There are many symptoms other than having a sore neck when it comes to whiplash, as you can see from the list above. This is because when the head thrashes backwards and forwards during an incident the brain hits the inside of your skull. But even the severity of brain damage due to whiplash can vary. Brain damage can be anything from headaches to decreased intellect to paralysis. Brain damage is the biggest multiplier when it comes to whiplash settlements.
Your settlement also depends on the course of action taken after the incident, as well as the extent of your injuries. Your initial treatment from your MD will provide proof for your injuries to take to court. Seek treatment straight away if you believe you have whiplash following an incident. Remember, whiplash can occur from trauma such as a sporting injury or physical abuse. Whilst whiplash from motor vehicle collisions is the most common, but not the only cause. Your symptoms may not present themselves straight away. To be on the safe side double check with your Doctor. If symptoms worsen, go back for another check-up.
Physical injury is the main part of any whiplash settlement there are many other factors.
Other key factors include:
- Loss of earnings due to missed work.
- Missed appointments, meetings or vacations
- Missed education.
- Time attending rehabilitation appointments
- Money spent on medical treatment
- Money spent on over-the-counter medication
- Loss of life quality
It is not uncommon for whiplash to have a severe impact on the quality of your life. Whether it’s short term or for the long-term whiplash can be debilitating. This is due to the dizziness, headaches and concentration caused by whiplash. If your daily life gets disrupted, this can impact your whiplash settlement amount.
What Lowers your Whiplash Settlement multiplier?
- Lack of medical evidence of whiplash or serious injury
- If you only took over-the-counter prescriptions
- If the treatment you received was from a non MD
Whilst you are free to seek out alternative practitioners to treat your symptoms. Always seek the help from a qualified personal injury doctor first. Ensure that the proof provided is reputable and will hold up in the eyes of the court. Chiropractors, masseurs and chiropodists can all help in the area of pain management. They can also strengthen your claim with extra proof.
Calculating your Whiplash Settlement Multiplier
The job of calculating your whiplash settlement sum is always best left to a lawyer. Experienced personal injury attorneys have the experience to create fair settlement prices. With a no-win, no-fee lawyer their legal fees can also be recovered in the final settlement. It is the insurance companies job to negotiate you down. Ensure you have solid representation to help you stand your ground.
Whiplash Claims Average Payout Based on Severity.
Whiplash claims usually fall into one of three categories, mild, moderate and severe. Here’s what you can expect from each of the categories:
Mild whiplash is the most common form of whiplash. If you can resume normal daily activities quickly this would be classed as mild whiplash. This classification usually caps the settlement at around $2,500.
Moderate whiplash comes with significant cost, due to repeat hospital treatment. It is not uncommon to experience significant discomfort from moderate whiplash. Yet, sufferers will still make a full recovery in time. Even if this means a mild state of disability. The average settlement is usually $3,500 and higher.
Severe whiplash can cause lifelong pain and discomfort. Which will mean you need ongoing medical care. Severe whiplash claims settlements can be worth anything from $6,000 and higher.
Contact Malnar Law, P.C. Today!
By choosing Malnar Law, P.C., you will get a clear picture of what your claim is worth. Ryan Malnar has over 20 years of experience successfully settling whiplash claims. Whether you have mild, moderate or severe whiplash get in touch. Determining compensation amounts can be a minefield. Yet with strong representation your case will hold against any curve balls thrown at you. Let Ryan Malnar help you get the compensation you deserve on a no win no fee basis. If you’re a Colorado Springs resident looking for 5-star representation don’t delay. Contact Malnar Law, P.C. today and let’s get the ball rolling!