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You may be entitled to a settlement if you’ve suffered a whiplash injury in an accident caused by someone else’s negligence. But what can you expect in terms of whiplash settlement amounts?
We’ll discuss the factors that influence whiplash settlement amounts and provide examples of settlements we’ve secured for our clients. Every case is unique, so there is no single whiplash settlement amount our Atlanta personal injury lawyers could secure for you.
Factors That Affect Whiplash Settlement Amounts
The amount of your whiplash settlement depends on several factors, including the severity of your injury, the cost of your medical treatment, the impact of your injury on your daily life and ability to work, the strength of your legal case, and the insurance coverage available.
In general, more severe injuries that require extensive medical treatment and result in significant lost wages will lead to higher settlement amounts. However, even seemingly minor whiplash injuries can result in substantial settlements if they have a major impact on your quality of life.
Your attorney will carefully evaluate all of these factors to determine the potential value of your case. Once they have a value, they will negotiate with the insurance company to reach a fair amount. Your case will go to court if the insurer will not come to a fair agreement.
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Examples of Whiplash Settlements We’ve Won
At John Foy & Associates, we have a proven track record of securing significant settlements for our clients who have suffered whiplash injuries. Here are a few examples:
- $280,000 for a client who was rear-ended by a tractor-trailer and suffered head, neck, and back injuries.
- $1,500,000 for a client who was side-swiped by a tractor-trailer and suffered extensive back and neck injuries.
- $265,000 for a client who was struck by a vehicle spinning out of control and suffered shoulder and neck injuries.
- $725,000 for a client who was rear-ended while stopped at a red light and suffered neck and spine injuries.
- $225,000 for a client who was rear-ended while stopped in traffic and suffered neck and back injuries.
These settlements demonstrate the wide range of whiplash settlement amounts that are possible. Your whiplash settlement amount will depend on the specific circumstances of your case. Your settlement amount could be less or more than these examples.
Proving Your Whiplash Injury
The insurance company may dispute the severity of your whiplash injury or argue that it was pre-existing. Your attorney will work to counter these arguments by presenting evidence of the accident’s impact on your health and well-being.
This may include testimony from medical experts who can explain the nature and extent of your injuries, as well as documentation of any pre-existing conditions exacerbated by the accident.
Other forms of proof include medical records and bills, diagnostic test results (such as X-rays or MRIs), photos of your injuries and the accident scene, witness statements, and documentation of lost wages and other economic losses.
Grades of Whiplash
There are five grades of whiplash from 0 to 4 used by doctors to describe whiplash injuries. Here is a summary of these:
- Grade 0: No complaint about the neck, no physical signs
- Grade 1: Neck complaint of pain, stiffness, or tenderness only, no physical signs
- Grade 2: Neck complaint and musculoskeletal signs, including decreased range of motion and point tenderness
- Grade 3: Neck complaint and neurological signs, including decreased or absent deep tendon reflexes, muscle weakness, and sensory deficits
- Grade 4: Neck complaint and fracture or dislocation, or injury to the spinal cord
The higher your whiplash grade, the more you’re likely to get in compensation. Your whiplash may be just a single component of your damages; other injuries will raise the value of your case. For more information on whiplash grades, see our grades of whiplash injury guide.
The Role of Pain and Suffering in Whiplash Settlements
In addition to economic damages like medical bills and lost wages, your whiplash settlement may also include compensation for non-economic damages such as pain and suffering. Pain and suffering refers to the physical discomfort and emotional distress caused by your injuries.
Calculating pain and suffering damages can be complex, as there is no set formula or dollar amount assigned to these losses. Factors that may influence the value of your pain and suffering damages include:
- The severity and duration of your pain
- The impact of your injuries on your daily activities and quality of life
- The emotional trauma caused by the accident and your injuries
- The extent to which your injuries have affected your relationships and social life
Your attorney will work with you to document how your whiplash injury has impacted your life and will use this evidence to negotiate a settlement that fairly compensates you for your pain and suffering.
Negotiating Your Whiplash Settlement
Insurance companies are often reluctant to pay out large settlements for whiplash injuries, as they may view these claims as exaggerated or fraudulent. That’s why it’s critical to have a lawyer who can prove otherwise so you can get compensation.
At John Foy & Associates, we have a reputation as the “Strong Arm” because we fight tirelessly for our clients’ rights. We’ll work to ensure that you receive a fair settlement that covers all of your losses, including medical expenses, lost wages, pain and suffering, and more.
Our attorneys have the skills and experience to stand up to the insurance companies and secure the best possible outcome for your case.
Get Help From a Whiplash Injury Lawyer
If you’ve suffered a whiplash injury in an accident caused by someone else’s negligence, don’t try to navigate the legal system alone. Contact John Foy & Associates today for a free consultation with one of our experienced whiplash injury lawyers.
We’ll review your case, answer your questions, and fight for the compensation you deserve. Fill out our online contact form to get started on your path to recovery.
404-400-4000 or complete a Free Case Evaluation form