How Much is Whiplash Worth in a Lawsuit?

If you have suffered a whiplash injury as a result of a car accident, you may be wondering what your case is worth in a potential lawsuit. Determining the value of a whiplash injury is a complex process that considers various factors specific to your case.

Rear-end car accidents are the most common type of crash. Although they happen often, you will not always walk away from the accident completely unhurt. You can suffer debilitating injuries that can remain with you permanently, even from a low-speed crash, and whiplash is an injury that drivers and their passengers often suffer in a rear-end accident. There is a presumption that the driver of the rear car is the one to blame for the accident, but the real battle is when you are seeking to get paid for your injuries. Then, you may run into the insurance company, which commonly sees these types of accidents and injuries.

The best way to put yourself in a strong legal position to receive total compensation for your injuries is to get help from an experienced Minnetonka car accident attorney. Not only will a car accident lawyer know the value of your case, but they also have the means to take on insurance companies when they try to take advantage of you. The best news is that you do not have to pay a car accident attorney anything out of your own pocket. Not only is the initial consultation free, but you only pay them from the proceeds of your case should you win in any way.

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Common Injuries from Whiplash

Your neck and back are the most likely to be hurt when you have suffered whiplash. The violent motion will cause serious injury to your soft tissue. Your neck stretches beyond its usual range of motion, and this sudden and violent movement can cause damage to your neck and back.

Whiplash can result in the following neck and back injuries:

• Neck pain and stiffness
• Strains and sprains
• Spinal cord injuries
• Herniated discs
• Sciatica
• Weakness in the arms and legs
• Reduced range of motion in the neck and arms

Any back or neck injury can cause severe discomfort, even if it eventually heals. If your injury is more permanent, these symptoms will be ever-present, and you may even need one or more medical procedures. At the very minimum, you may need physical therapy for an extended amount of time. In fact, roughly ten percent of people who suffer whiplash injuries will have disabilities to an extent for the rest of their lives.

Symptoms of Traumatic Brain Injury from Whiplash

Many people do not realize that whiplash will often result in traumatic brain injuries. When your head snaps forward, your brain can slam into the base of your skull. The impact can cause a significant concussion that can leave you with permanent effects and can even cause more severe types of brain damage. Whiplash accident injuries can result in the following symptoms that are consistent with a traumatic brain injury:

• Confusion
• Mood swings
• Loss of speech
• Sensitivity to light
• Irritability
• Anxiety
• Difficulty concentrating or processing

Whiplash Physical Injuries Can Be Far More Dangerous than You Think

Whiplash can result in serious physical injuries that can remain with you for a long time. Some people may recover from whiplash within two to three months after the accident, but even those accident victims are still dealing with physical symptoms for an extended period. Roughly ten percent of whiplash injury victims will suffer permanent disabilities from which they will never recover. These accident victims may be dealing with lifelong pain or reduced strength or motion. Never think that a whiplash injury is minor and that it will go away in time. Then, you can end up not taking critical steps to recover, and you may leave money on the table in a legal claim.

The Responsible Driver Must Compensate You

The operative legal concept is that the responsible driver has an obligation to fully compensate you for all the effects of your whiplash injury. They must pay you for both the actual economic losses that you have experienced as well as the more subjective physical impacts of your injuries. If you have suffered a whiplash injury, you may be in constant pain, and your physical activities can be challenging. Since the effects of a whiplash injury can remain with you far into the future, you have the right to receive compensation for them.

How to Calculate Your Whiplash Injury Settlement

Your whiplash injury settlement will include the following:

• Medical expenses: The responsible driver must pay for all costs associated with your care and treatment, including doctor's visits, surgical costs, prescription medication, and rehabilitation.
• Lost earnings: You can get paid for the money you did not earn because you missed time from work and any reduction in your earnings capacity.
• Pain and suffering: Your non-economic damages include the physical and mental health effects of your injuries, including any anxiety and depression that you may be suffering from the fact that you are dealing with debilitating injuries.
• Loss of enjoyment of life: The debilitating effects of whiplash may keep you from living the life that you did before the accident.
• Emotional distress: The accident itself may be causing you lingering emotional effects, such as post-traumatic stress disorder, when you have flashbacks to the moment of impact and the immediate aftermath of the accident. 

A lawyer can handle the complex legal procedures for filing a whiplash injury claim by gathering evidence, negotiating with insurance companies, and preparing your case for trial. They will build a strong case on your behalf, maximizing your chances of receiving fair compensation for your injuries, pain and suffering, and any other damages.

Your Injuries Determine Your Whiplash Injury Compensation

Each whiplash injury victim has different impacts from their injuries. Some may be more prone to depression because they suffered an injury, whereas other accident victims may have had a pre-existing condition, and the whiplash injury aggravated this condition. The responsible driver must still pay for the health impacts because the rule in a personal injury case is to take your victim as you find them, even if the crash aggravated a pre-existing injury. Finally, some accident victims can have a right to more money by virtue of the fact that they earned more on the job. No two victims suffer from whiplash in the same way, so you need to know and understand your circumstances to understand how much you may be due in a car accident settlement.

It is challenging to give you an exact answer about how much money you may receive for a car accident whiplash injury. No lawyer can ever give you an accurate answer on the spot about how much money you can get for your case. Even if they can give you a range, it is extensive and may not be helpful. Only after studying your claim and reviewing your medical and other records can an attorney give you a more specific estimate of how much you can expect in compensation. It is unrealistic if a car accident lawyer promises you a particular result. After all, it is only after extensive negotiation with the insurance company that you determine your final amount of compensation.

Insurance Companies Will Go Out of Their Way to Minimize Your Injuries

Whiplash can be a much more severe injury than you think. Many people believe that whiplash is a minor injury because it is so common. Because of that, insurance companies often take the position that your injuries are not serious, even though they know that you have likely suffered a severe injury. Insurance companies like to use negotiating tactics to try to lower their liability, and minimizing the scope and extent of your injuries is one of their favorite ones.

Always ensure you know exactly how serious your injuries are before you file a claim. Usually, a claimant will wait until they have reached the point of maximum medical improvement before filing a claim with the insurance company or filing a lawsuit in court. By that point, you know what your future prognosis is and whether you may be permanently disabled. Even if you have made a full recovery, you may have endured months of pain and discomfort before you reached that point. You have the right to compensation for all the past damages that you have sustained, as well as those that you will endure in the future.

What to Do When You Have Suffered Whiplash Injuries

If you have suffered whiplash injuries in a car accident, you need to see a doctor as soon as you begin to experience symptoms. You may not know for several days or weeks after the accident that you have suffered an injury, which can make your whiplash claim more challenging.

The longer you wait to see a doctor, two things may happen:

• Your injuries can grow worse without the proper medical treatment because whiplash can be a degenerative injury.
• The insurance company may claim that the car accident did not cause your injuries or that you failed to mitigate your damages.

Consider seeing a doctor to ensure you are ok even if you are not yet experiencing symptoms. It never hurts to have a doctor examine you because there may be severe car accident injuries lurking beneath the surface. Your situation can get complicated if you wait too long to get medical help, both because your health can deteriorate and because your legal case can become more complex.

Then, you should immediately consult a car accident lawyer to handle your legal case. Before qualifying for a dollar in consultation, you must go through a process involving filing an insurance claim or a lawsuit against the responsible driver. Then, you will negotiate an adequate settlement with the insurance company that fully pays for your injury.

How a Car Accident Attorney Can Help You

A car accident attorney can help you handle the insurance company. Insurance companies will give you the runaround, and it will generally be as difficult as possible to make you go away and take what they offer. If they see that you do not have a car accident attorney to protect your interests, they will use even rougher tactics with you. There is little chance you will get a complete settlement check if you file a claim alone. Further, you will not have the capacity to file a lawsuit because you do not know the court system and the legal process.

Another essential function of a car accident lawyer is that they can determine the value of your whiplash injury case. Since many factors can affect your compensation, you will need someone with experience in these matters to make the calculation. Your car accident lawyer may even need to consult with medical and vocational experts to learn more about the scope of your damages. Then, your car accident lawyer's job is to negotiate and fight on your behalf as you seek total compensation for your injuries.

Contact An Experienced Whiplash Attorney Today

A whiplash injury can have a lasting impact on your life, and seeking the assistance of a lawyer is essential. A Minnetonka personal injury attorney can protect your rights and ensure you receive your deserved compensation. They can also give you peace of mind so you can focus on your recovery. If you have suffered a whiplash injury, contact a lawyer who can guide you through the legal process and help you on your path to recovery.