Whiplash occurs when the neck is suddenly thrust forward and then backward, often as a result of car accidents. This movement can injure the cervical spine—the section of the spine located in the neck—as well as the surrounding tissues. Commonly referred to as whiplash, neck sprain, or strain, this condition arises when the ligaments and muscles in the neck are pushed beyond their normal range of motion.
Rear-end collisions are unfortunately a frequent cause of whiplash injuries. In fact, they represent the most common type of motor vehicle accident, accounting for over 30% of injuries related to car crashes in the United States. Consequently, there have been millions of whiplash lawsuits filed over the years. While most cases are mild and resolve within a few weeks, our Frisco personal injury attorney is dedicated to representing all accident victims.
Even if you believe your injury is minor and unlikely to cause long-term damage or require extensive medical treatment, it’s still advisable to consult a medical professional. Many whiplash injuries may not manifest symptoms until days or even weeks following the accident.
Understanding the Impact of Whiplash Injuries
Whiplash typically resolves within a few weeks, often manageable with pain medication and physical activity. However, some individuals may experience chronic symptoms that persist longer. In certain cases, additional injuries may contribute to these ongoing issues, with unnoticed spinal injuries being a possibility. The cervical spine and the surrounding connective tissues frequently sustain damage after whiplash, leading to what is known as Whiplash Associated Disorder (WAD). Symptoms associated with WAD or Cervical Spine Syndrome often include:
- Neck pain and stiffness
- Pain when moving neck, loss of range of motion
- Headaches
- Shoulder, arm, and upper back pain
- Numbness, or tingling of the face, arms
- Fatigue
- Dizziness
- Blurred vision
- Tinnitus (ringing in the ears)
- Trouble sleeping
- Cognitive and emotional symptoms (irritability, trouble concentrating)
If you’ve been involved in a high-speed accident and are experiencing severe pain or difficulty moving your neck, you may have suffered a serious whiplash injury. The average settlement for such injuries can vary significantly and should be assessed by a skilled personal injury attorney. Certain groups, including individuals with a history of whiplash or other neck and back issues, as well as the elderly, are at a higher risk for more severe injuries. In these cases, settlement amounts may be considerably higher due to the pain and suffering endured by these high-risk individuals.
Grades Of Whiplash Injuries (Grades 1-4)
Whiplash injuries vary in severity, with each grade presenting distinct symptoms. The classifications for whiplash injuries are as follows:
- Grade 0 Whiplash: No visible signs of injury; no medical treatment is required.
- Grade 1 Whiplash: While there are no visible injuries, you may experience pain or soreness. It’s advisable to seek medical attention, though symptoms often resolve within a few days without intervention.
- Grade 2 Whiplash: Pain becomes more noticeable, potentially limiting your mobility. Medication may be necessary to alleviate discomfort.
- Grade 3 Whiplash: This grade represents severe injuries that typically require immediate medical attention and ongoing follow-up care. Victims often experience restricted range of motion and persistent pain in the neck, shoulders, and head, which can lead to missed work and sleeping difficulties.
- Grade 4 Whiplash: The most serious classification, Grade 4 whiplash usually necessitates surgery, along with months of chiropractic care and physical therapy. Such injuries often result in significant financial settlements.
What Is the Average Settlement Amount for Whiplash Injuries?
Several factors influence the settlement amount for your whiplash injury, including the severity of your injury and its impact on your life. The nature of your specific injury plays a significant role as well. For instance, if you have sustained a debilitating back or neck injury that hampers your ability to work or leads to permanent changes in your quality of life, you may be entitled to a larger settlement.
Additionally, determining fault in the car accident will affect your settlement. If a driver is found to be completely negligent—meaning they did not exercise proper care while driving and caused harm to others—this is considered strong evidence of personal injury. Whiplash cases must not only demonstrate the pain and suffering endured but also detail how the injury has affected daily life moving forward.
On average, settlement amounts for whiplash injuries typically range from:
- $10,000 to $100,000 for minor neck and back injuries
- $1 million to $5 million or more for life-altering whiplash injuries or permanent disabilities
If you’ve experienced a whiplash accident, you might be wondering about the worth of your case. While it’s challenging to provide a precise estimate without knowing the specifics of your situation, an experienced personal injury lawyer can help give you a clearer understanding of what to expect.
Whiplash Claims and Warning Signs from Insurance Companies
Seeing a doctor immediately after an accident is crucial for several reasons, not least because the success of your claim hinges on a qualified physician confirming a diagnosis of whiplash. Even with this confirmation, the insurance company or opposing attorney may still dispute the doctor’s findings if the case progresses to court.
Whiplash is often scrutinized more closely than other injuries due to its variety of subtle symptoms. Insurance companies frequently suspect fraudulent claims in these cases, as fraud remains a significant issue in the U.S. While standard tests for whiplash are widely recognized within the medical community, insurance companies do not always accept them without question. The reliability of these tests largely depends on the patient’s honesty regarding their pain and range of motion.
Although this may seem unjust, plaintiffs should anticipate rigorous questioning from the outset of their claim process. If the case goes to court, the intensity of these integrity challenges is likely to increase.
Contact Our Texas Whiplash Injury Lawyer Now
Assessing whiplash injuries for settlement purposes can be challenging, but examining average settlement amounts for similar injury grades provides a valuable starting point. Begin by identifying an injury of comparable severity and use that figure to inform your negotiation in the demand letter. If you’re still struggling to determine the appropriate value for your car accident settlement, consulting a car accident attorney can offer valuable insights into your case’s worth. For more information on whiplash injury settlement amounts, reach out to JML Injury Law today for a free consultation.
