how much whiplash is worth a personal injury
how much whiplash is worth a personal injury case really quickly whiplash occurs when you’re in a car accident
for example. And your neck goes forward and then back. Whiplash can occur in many other types of accidents. I’m gonna primarily focus on car accidents, however. It can also occur in a slip and fall and many other types of accidents. The first thing to note for a personal injury case involving whiplash is the other driver or a driver
needs to be negligent or careless for you to have a personal injury case. By personal injury case
I mean, one where you may be able to recover money for pain and suffering.
Your out-of-pocket medical bills that aren’t paid by your own insurance such as health insurance or PIP and lost wages.
Examples of negligence are if a driver was speeding, failed to yield the right of way and made
a left-hand turn in front of you, improper backing up. If the other driver or a driver
was not careless, you get zero for pain and suffering and the other damage that I discuss that your
own insurance does not pay for.
If you’re looking for a settlement in a whiplash accident case, you should know those car insurance companies play a tremendous amount of weight on the amount of damage to the vehicle. For example, if you look at this car right here,
you can see there’s zero damage to the back of it.
If you claim that your light has been totally turned upside down and that you have whiplash, neck pain from an accident, you’re gonna have a very tough time getting the insurance company to pay you a good deal of money for your case. The car insurance companies gonna say.
We believe that a jury is likely going to find your whiplash
how much whiplash is worth a personal injury was not caused by the accident. On the other hand, if you have a tremendous amount of property damage and the car looks like essentially like it’s been flattened, you’re the ability to prove that your whiplash was caused by the accident is generally gonna be easier.
The sooner that you complain about whiplash after a car accident, all things equal the easier
it’s gonna be that will link the whiplash to the accident and prove your case.
Someone who takes an ambulance to the hospital is generally speaking gonna have an easier time proving that the whiplash was caused by the accident as opposed to someone who waits four months and their first complaint of
whiplash or neck pain is to a doctor.
Now the law that greatly favours the defendant driver and the insurance company is in Florida in most but not all car accident cases, a doctor is going to need to say that your whiplash is permanent in order for you to even get one penny for past or future pain and suffering. It’s a very tough standard.
What happens is when the jury goes to decide your case,
they are asked the question that says, Did the claimant suffer a permanent injury as a result of the accident? If the jury checks no, even if they wanna award you money for pain and suffering, legally they’re not allowed to do it. Now, insurance adjusters know that this question is asked so often times in a whiplash case will send you a letter saying, We believe you have a soft tissue injury. We believe your injury doesn’t meet the tort threshold in order to get money for pain and suffering.
We believe that your injuries are not permanent.
And thus we’re not offering you anything for payment suffering or very little. In car accident cases, the insurance company, the other sites insurance company is allowed to hire a doctor to examine you
Now, this normally occurs after a lawsuit has been filed. That doctor 99% of the time, if you have whiplash, if that’s what your claim is going to say, Whiplash normally resolves four to six weeks after an accident. It should have already been resolved. Your injury is not permanent.
Your injury is not related to the accident.
Certain insurance companies for example in Florida, are known for offering a very little amount of money in whiplash claims. They have a reputation for doing this and we routinely see this low offers and then it’s up
to that client whether they wanna fine lawsuit or try to negotiate and get a better offer.
As with any personal injury case including one with whiplash, the more medical treatment that you get within reason increases the full value of the case and it does this because it increases your out-of-pocket medical bills.
The doctors are making notes of your paying.
And after all personal injury cases founded in your pain and suffering can also increase your lost wages if the doctor says that you’re unable to work.
If you get less medical treatment, for example, you don’t go to the doctor or you go to the hospital one time and that’s it. Or just a few doctor visits.
Don’t expect to get a whole lot of money for your case.
Now several things can increase the full value of a whiplash claim. One of them is if a car rolls over if the car that you’re in rolls over. Those cases by the juries are considered more exciting and interesting and the jury has an easier time all things equal, accepting the fact that whiplash or neck pain can be caused by a rollover as opposed to a minor impact.
This is the actual truck that my client was driving in a case that settled for $20,000.His primary complaint was whiplash yet some other soft tissue problems.
And Progressive happened to be the auto ensure both the at fall parties auto insure who made a left in front of him and hit him. And my client’s uninsured motorist insurer, my client had uninsured motorist insurance.
The other driver only had up to $10,000so we then made a claim against Progressives uninsured motorist insurance.
And the total settlement was for $20,000.One of the reasons why Progressive paid that $20,000 is because it was a rollover crash. Another fact that can significantly increase the value of a whiplash claim is if the other driver caused the accident was arrested for drunk driving. If he’s convicted, it’s even better.
The reason being is you can then make a claim for punitive damages and those damages are designed to punish
the other driver. They’re in addition to your out-to-pocket medical bills lost wages and pain and suffering.
And because the other driver’s insurance company has a duty to act in good faith and protect their own
insured, they’re more likely to offer extra money if their insured was drunk. If that happens you’re gonna wanna request a whole DUI file from the courthouse and a lot of other documents. I mentioned in most Florida car accident cases that if your only claim is for whiplash, the doctor has to say that your whiplash is permanently in order to get money for pain and suffering.
One of the exceptions to this is if you’re on a motorcycle. Another exception is if you’re from another state and you don’t have access to personal injury protection insurance.
In either of those two scenarios, your whiplash does not need to be permanent in order to be entitled to recover money for pain, suffering and mental anguish and other damages like that.
Although there’s no guarantee large trucking insurance companies are known for paying higher settlements for whiplash claims. That’s because trucking insurance adjusters are used to dealing with larger amounts of money. Juries have a biased against eighteen wheelers. And also the impact of this accidents can be very devastating.