The value of a specific case isn’t always easy to determine. Whiplash injury case settlements depend on multiple factors, including how bad the injury is and how much evidence the claimant has. Minor neck strains may be valued at approximately $10,000 to $20,000. In comparison, serious injuries involving herniated discs or nerve damage have been settled for more than $250,000 in the past. The exact numbers vary, so let’s review the most important factors.
How Are Economic Damages Calculated?
Economic damages are the foundation of any personal injury claim because they are intended to make the victim financially “whole” after the costs of stabilizing their condition. Medical bills make up the largest portion of economic damages, followed by lost wages, ongoing care like physical therapy, and any other support the victim needs. Crash victims must keep records of every cent they spend on crash-related expenses to prove their losses.
Lost wages also account for a significant share of economic damages. If a whiplash injury prevents you from working or forces you to reduce your hours or find another job, you can receive compensation for the lost income. It’s important to document the loss using letters from your employer, pay slips, and tax records to establish your earnings. There are many types of economic damages, including in-home care, pain management, and adaptive equipment.
How Are Non-Financial Damages Calculated in Whiplash Cases?
When measuring the impact of a whiplash injury, we look beyond financial losses. Non-economic damages cover unquantifiable harm, including physical pain, emotional distress, and reduced quality of life. We calculate non-economic damages in one of two ways: the per diem method or the multiplier method. The per diem method assigns a daily rate to your level of pain and suffering, which is then multiplied by the number of days it took to recover fully.
The multiplier method, which is more commonly used for injuries without a standard recovery period, uses total economic damages as a baseline. Depending on the severity of your injuries and the impact of the accident on your life, your economic damages are multiplied by one to five. If a claimant’s economic damages are $10,000 and the court uses a multiplier of three, the victim will receive $40,000 in total.
The more severe an injury is, the higher the multiplier will be. For example, a neck strain that takes a few weeks to heal and doesn’t prevent you from earning an income will typically be multiplied by one or two. Conversely, if the victim’s spinal cord is damaged and they will never regain full mobility, courts typically use the maximum multiplier. Injuries that prevent the victim from ever earning an income receive the highest valuation due to long-term expenses.
Will My Medical Records Affect the Value of My Whiplash Claim?
Soft tissue injuries are more difficult to prove because they aren’t visible on standard scans like X-rays. Victims need MRIs or CT scans for doctors to be able to diagnose whiplash injuries accurately. Car accident victims need to seek medical attention immediately to create a record that links the crash to injuries that may only become obvious several days later. Insurers often try to argue that the claimant’s injuries are either fabricated or exaggerated.
Any gaps in medical treatment can damage the value of an otherwise legitimate whiplash claim. Waiting to see a doctor until you are in unbearable pain will indicate to insurers that your injury is not as bad as you say it is or that your injury is completely unrelated to the accident. You should also adhere to all treatment plans and attend every appointment, or it will give insurers a reason to say you haven’t made an effort to recover, which could cost you more money.
Wondering what your whiplash injury claim may be worth? Get experienced legal guidance on compensation.
Request a Free ConsultationWhat Is Comparative Negligence and How Does it Affect Settlement Values?
California’s legal system uses a principle called pure comparative negligence to determine each party’s liability. In car accident cases, comparative negligence assigns a percentage of fault to the plaintiff and the defendant, based on how much they contributed to the crash. Comparative negligence affects the value of a whiplash injury claim because the plaintiff’s final compensation amount is reduced by their percentage of fault.
Can the Other Driver’s Insurance Policy Limits Affect My Compensation?
Insurance policy limits put a cap on how much money the plaintiff can recover from the at-fault driver’s insurance provider. A severe injury may warrant a massive payout. However, many California drivers only have the state-mandated $30,000 minimum bodily injury coverage. Policy limits are a major obstacle for crash victims with catastrophic injuries. Skilled attorneys explore every possible avenue for compensation, including uninsured/underinsured motorist coverage.
Is It Dangerous to File a Claim Without an Attorney?
The main goal of any insurance adjuster is to minimize their company’s payout. To protect corporate profits, adjusters present quick settlement offers that don’t take the true extent of the whiplash injury into account. Accepting these early offers means that victims cannot seek additional compensation if their expenses exceed the settlement. These low offers are frequently made when victims are still vulnerable during recovery.
When you don’t have an attorney, you may be undermined and manipulated into accepting an unfair settlement. You may also be subjected to bad-faith behavior like delaying payments, asking for several rounds of independent medical examinations, constant requests for irrelevant documentation, and other tactics to get you to sign an agreement quickly because you need to pay for treatment. We’re here to stop that from happening.
At HHJ Trial Attorneys, every client receives the individual care and attention they deserve. We defend our clients aggressively and protect them from insurers and defense attorneys who want to take advantage of them. We prepare every case as if we’re going to trial, so if settlement negotiations fail, we are ready to present your case in court. We don’t accept lowball offers that ignore long-term needs, and we never let our clients navigate the legal system alone.
If you’ve sustained a whiplash injury as a result of another driver’s negligence, contact HHJ Trial Attorneys. We are driven to fight for the underdogs who are so often swept under the rug by insurance companies. Our team is passionate, experienced, highly qualified, and willing to take on financial risk for our clients. We work on a contingency fee basis, allowing accident victims to pursue compensation without worrying about paying us. We only get paid if we win.
