The average settlement for a whiplash injury in a car accident depends on the specific facts of your accident.
The severity of your whiplash injury, its impact on your life and financial situation, and the negligent behavior of the driver who struck you can all affect the amount of damages you are owed.
The Severity of Whiplash Injuries
Whiplash is a type of neck injury caused by the “rapid back-and-forth movement of the neck,” per Mayo Clinic. If you are suffering from whiplash after a car accident, you may experience neck pain, limited motion, headaches, dizziness, sleep issues, and cognitive issues.
While whiplash can resolve on its own over the course of several weeks, you could also face long-term complications, especially if you are older, have suffered whiplash before, already have back or neck issues, or if the car crash was particularly forceful.
In severe whiplash cases, you could suffer chronic and debilitating pain. This pain could require ongoing care and more medical treatment, which can get expensive, possibly increasing the amount of your potential settlement.
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The Impact of a Whiplash Injury
Whiplash diagnosis can result in high medical bills. You may need x-rays, MRIs, or CT scans. Once you are diagnosed, your treatment can include prescription medications, physical therapy, and chiropractic care.
You may find yourself unable to work due to your pain and limited range of motion, adding to your financial losses. At our firm, we understand that the impact of a whiplash injury can be long reaching. Your day-to-day life can become painful, difficult, and stressful, and the amount of your settlement can reflect this hardship.
Damages in Whiplash Cases
Whiplash can be a severe injury that causes you lasting pain and inconvenience. You may have lost wages from having to take off work to recover, or you may have medical bills for the treatments you receive to manage your pain.
In order to compensate for these losses, you can recover two types of damages through a lawsuit or claim: economic damages and non-economic damages.
Economic Damages in Whiplash Cases
Economic damages can help you cover your financial losses after an accident. These damages include money for your past and future medical bills, lost wages and lost earning potential, and out-of-pocket expenses such as services and equipment you would not have required without your injuries.
You can also recover economic damages for property damage, car repair, transportation costs, and other expenses related to your car accident.
Non-economic Damages in Whiplash Cases
Non-economic damages can compensate you for your physical, mental, and emotional pain and suffering due to your accident and whiplash. The amount you can recover will depend on the severity of losses you can demonstrate.
Negligence in Whiplash Cases
There are several common forms of negligence that can cause traffic accidents. As your personal injury lawyers, we will investigate your accident to determine if these situations apply to your case. If they do, then we may be able to help you recover compensation for your injuries.
The other driver might have been negligent and guilty of:
- Drunk or drug-impaired driving
- Distracted driving
- Drowsy driving
- Aggressive driving
Modified Comparative Negligence in Whiplash Cases
The amount of your settlement may be modified based on the amount of responsibility you hold for causing the accident. According to O.C.G.A. § 51-12-33, you can recover damages as long as you can prove that the party you are suing was more negligent in causing the accident than you were. However, the amount you can recover may be limited by the portion of negligence you contributed.
Your lawyer can give you a better idea of how Georgia’s modified comparative negligence statute may impact your settlement after they review the specifics of your case.
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Our Whiplash Injury Lawyers Can Build a Robust Case
At our firm, we can help you and your family recover damages by investigating your accident, building your case, and fighting for the best possible settlement on your behalf.
We will use the evidence we collect through investigation to negotiate with insurance companies for the compensation you need and deserve after an accident. Instead of stressing about your injury claim, you can relax knowing that you are in good hands.
If Negotiations Fail
If we still can’t come to an agreement after disputing a settlement amount with the insurer, we will file a personal injury lawsuit on your behalf.
O.C.G.A. § 9-3-33 allows claimants two years to bring their lawsuit against the liable party. It’s crucial that you notify us about your case as soon as possible. Otherwise, you risk losing your right to recoup your damages.
Connect with Bader Scott Injury Lawyers Today for a Free Consultation
The average settlement for whiplash injury in a car accident is not important to us, because we want to focus on your case only. Call Bader Scott Injury Lawyers today at (404) 888-8888 to receive your free case evaluation.
Since we work on contingency, we will not be charging you anything hourly or upfront. Only if you win a settlement or verdict will we deduct our fee from it. You don’t take any financial risks when you choose us to represent you.