What Is the Minimum Payout for Whiplash?

Whiplash is a type of sprain that occurs in the neck’s soft tissues when the body, head, and neck move rapidly back and forth. Victims can suffer whiplash in a variety of situations, including assaults and falls, but it is also one of the most frequent types of car accident injury. Drivers and passengers in the front vehicle during a rear-end collision have the greatest risk of whiplash.

What is the average settlement payout for whiplash?

While there is no “average” settlement payout for whiplash, your settlement will generally be determined by your medical expenses and the amount of time it took you to heal up. Other factors include the severity of the accident, your lost wages, and the long-term effects of your injuries.  You may also be able to recover past, present, and future pain and suffering damages for serious whiplash injuries.

Is it worth suing for whiplash?

If the insurance company is not willing to fairly compensate you, then it is usually worth suing for whiplash when you have been injured in a car crash or other accident that was someone else’s fault.

While each whiplash case has a different set of underlying facts and circumstances that impact the amount of money you can receive, you can typically recover compensation for the following:

  • Medical bills related to the treatment of whiplash and any health complications caused by whiplash
  • Lost wages caused by the whiplash and its long-term effects
  • Pain and suffering caused by the whiplash
  • Diminished quality of life caused by the whiplash
  • Punitive damages if the person responsible for the accident was involved in extreme or outrageous conduct 

What is a fair settlement for whiplash?

Because every personal injury claim and whiplash injury involves a unique set of facts that determine the settlement value of your case, there is no set “fair” settlement amount. Your whiplash lawyer can help evaluate if a settlement offer is fair, but, at a minimum, it should cover your medical bills and other damages caused by the accident and your injuries.

Should I accept the first settlement offer for whiplash?

You should never accept the first settlement offer for whiplash, especially if you have not consulted with an attorney about your case. 

When dealing with an insurance company, the first settlement offer for whiplash is always a lowball bid. Insurance adjusters like to minimize whiplash injuries and often characterize them as not serious, despite the lasting effects whiplash can have on your life.

Not only is the first settlement offer most likely too low, but it’s also impossible to know the full extent of your injuries before you have healed. When you accept a settlement offer, you forfeit your right to receive any additional compensation. So, if you accept the first offer and it doesn’t end up covering all of your expenses, you’ll be on the hook for paying the rest.

When should I contact a whiplash lawyer?

If you’ve suffered a whiplash injury in a car crash or another accident, you should contact a whiplash lawyer immediately. Do not talk to an insurance company or accept a settlement offer. 

Whiplash attorneys are experienced negotiators who deal with insurance adjusters every day. Having a knowledgeable personal injury lawyer on your side can ensure that you receive the compensation you deserve for your whiplash. Insurance providers will take your claim more seriously if you are represented by a skilled whiplash lawyer. Insurance adjusters know they won’t get away with lowballing an attorney and typically offer higher settlements to experienced whiplash lawyers.

If you or a loved one has suffered whiplash, you should reach out to a whiplash attorney as soon as possible. The earlier you get a lawyer involved in your case, the better chance you have of receiving appropriate compensation. 

Have questions? We protect victims like you every day.

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Read More
What To Do After a Car Accident
The Ultimate Guide to Car Accident Settlements
How Much Does a Car Accident Lawyer Cost?
The Victim’s Guide to Car Crash Compensation

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Attorney911 Legal Emergency Lawyers™ legal services is a Texas-based personal injury and criminal defense law firm with offices in Houston and Austin, though we are proud to serve Texans from all over the state and represent clients in federal court. We handle a wide variety of legal issues — from car accidents to worker’s compensation to DUI/DWI offenses. Our staff is bilingual, friendly, and genuinely passionate about helping our clients, whether it’s a million-dollar case or a thousand-dollar case. We also understand that cost can be a prohibitive factor in hiring a lawyer, and are willing to work with you on structuring payment in a way that is fair and feasible. We do accept credit cards for our hourly fees, and take some cases on contingency, which means you don’t pay us unless and until you get paid yourself. We know that you have a choice in your legal representation, and we believe that what makes us stand out from the competition is our real emotional investment in our clients. We see you as a person — not a paycheck. And we will fight hard for you, because we truly care.