According to the National Institute of Neurological Disorders and Stroke (NINDS), about 3 million people in the United States sustain whiplash injuries every year. More than 1.5 million of them suffer from chronic pain, which has left approximately 300,000 Americans disabled.
Whiplash is a common injury sustained in motor vehicle accidents. The victims may be eligible for compensation for their medical expenses, lost wages, and other related costs.
How much can you get for whiplash claims? There are many factors that should be taken into account when determining the average settlements of a whiplash claim, such as the severity of the injury, the extent of the medical treatment required, and the impact on the victim’s daily life.
This article will go over the various contributing factors that can have a significant impact on how a whiplash claim settlement is calculated.
Understanding Whiplash Injuries
Whiplash occurs in auto accidents when the head is jerked sharply forwards and then snapped backwards, injuring the neck’s soft or connective tissues.
Victims of whiplash can experience pain or discomfort, stiffness, and limited movement of the neck. Other symptoms of whiplash include headaches, dizziness, and fatigue. These symptoms can appear immediately after the accident or take several days to manifest. As a result, whiplash injuries need to be carefully monitored.
Diagnosis and early treatment improve recovery chances. Treatment for whiplash consists of physiotherapy, analgesic therapy, and, at times, symptomatic medication.
If you want to file a claim for your injury, you must document it, including all treatment you received.
Factors Influencing Settlement Amounts
Several factors influence the amount of compensation you may receive when pursuing a settlement for your whiplash injury.
The severity of your injury is a primary factor in determining how much potential compensation you may get. Your age and general health are other factors that will be taken into account since younger, healthier people tend to recuperate quicker and better.
If the other party was fully at fault, your case would be stronger. The insurance company’s terms and willingness to negotiate may have an impact on your settlement.
According to https://www.robertslawfirmpa.com/, you can always ask an attorney to assist you in recovering the compensation you deserve following an injury or other forms of damage.
Any previous injuries or claims may complicate your case and potentially lead to a smaller settlement amount. See to it that you understand and know these factors before the negotiating process begins.
Medical Expenses and Documentation
Medical expenses are a significant factor in whiplash claims. Maintaining meticulous records of all medical visits, treatments, and expenses will help you reach a fair settlement.
Keep track of all medical expenses, including prescriptions, X-rays, lab tests, and even travel costs. Your documentation of medical and treatment expenses helps to determine the severity of your injuries and their financial impact.
Insurance companies scrutinize these documents, so keep a detailed record of your medical expenses. The evidence you have collected will strengthen your whiplash injury case and increase your chances of a fair payout.
Calculating Lost Wages
Lost wages must be calculated if you want to receive full compensation for your injuries. Collect documents such as pay stubs, earnings tax returns, or employer statements to prove your income before the incident.
Calculate the working days missed because of the injury. Compute the total lost wages by multiplying your average daily wage by the number of workdays you missed as a result of the injury.
If the injury reduces future earning capacity, you need to start thinking about the potential loss of future income and possible changes in the career path. Depending on the nature of the claim, health insurance or retirement contributions may be included in the computation of the total lost wages
Effective record-keeping will help greatly in solidifying the argument for claiming the full amount in lost wages.
Assessing Pain and Suffering
Assessing pain and suffering following a whiplash injury is necessary when recognizing the full impact of the event. This assessment involves more than just physical symptoms but also includes psychological distress and an alteration of lifestyle.
Keep detailed records of everything affecting your pain and suffering. Document how the injury has been affecting your daily activities, social life, and mental state.
In assessing pain and suffering in a whiplash accident, medical documentation is critical. Consult your physicians for more information on the psychological impact of your injury.
The insurance company often multiplies certain factors, including severity and time, when calculating your compensation.
