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Summary
The average whiplash claim amount ranges from $10,000 to $30,000.
Table of Contents
What Is Whiplash in Car Accidents
Whiplash is a common car accident injury that occurs when the head is suddenly forced forward and then thrown backward.
Being most common in rear-end accidents, those who suffer a whiplash injury can experience pain and stiffness in their neck muscles and ligaments.
Symptoms of a Whiplash Injury
Following an auto accident, it's crucial that you look out for the common symptoms of whiplash injuries, including:
- Neck pain and stiffness
- Headaches
- Blurred vision
- Shoulder or upper back pain
- Reduced range of motion in your neck
- Tingling or numbness
If you experience any of the whiplash symptoms outlined above after a car accident, it's crucial that you visit a medical professional and then an experienced car accident lawyer to obtain the financial compensation you're entitled to.
What Is the Average Payout for Whiplash?
The average whiplash compensation amounts range from $10,000 to $30,000.
However, whiplash settlements can easily reach higher, even $100,000, as many factors are in play when determining a whiplash personal injury claim worth.
Whiplash Compensation Amounts Based on Severity
Individual circumstances, such as the severity of the whiplash injury, can greatly impact the average compensation amount.
Typical compensation amounts for whiplash based on severity are:
- Minor Whiplash: $2,500 to $10,000
- Moderate Whiplash: $10,000 to $25,000
- Severe Whiplash: $25,000 to $100,000
To fully understand the severity of your whiplash injuries, it's recommended that you receive a complete checkup from a healthcare professional.
What Factors Affect a Whiplash Claim Amount
Many factors can affect whiplash car accident settlement amounts, with some of the most significant outlined below.
Severity of the Whiplash Injuries
The severity of your whiplash injury will significantly impact your claim's worth.
Whiplash injury cases involving severe physical injuries, such as chronic pain, nerve damage, or long-term damage, often pay more significant settlement amounts.
Medical Treatment Costs
The cost of past and future medical expenses plays a notable part in determining the worth of whiplash settlements.
Standard medical costs that affect whiplash compensation are:
- Emergency room visits
- Physical therapy
- Medications and injections
- Rehabilitation
However, it's important to understand that to effectively use medical costs to increase the value of your personal injury case, you must have substantial evidence of the expenses, such as medical records or receipts. Therefore, it's recommended that you contact an experienced car accident attorney who can help gather evidence and obtain fair compensation on your behalf.
Lost Wages & Loss of Earning Capacity
The amount of work and income your whiplash injuries cause you to miss will affect your injury claim worth.
In addition to lost wages, if your whiplash injuries result in being unable to work at full capacity, you can claim compensation for the loss of earning capacity.
Pain and Suffering
Non-economic damages such as emotional distress, reduced quality of life, and other psychological damage affect the average whiplash settlement.
Like economic damages, the more severe the mental and psychological trauma is, the higher the payout.
Liability
Whether liability is clear or if there is shared liability will significantly impact a whiplash compensation amount.
Under Nevada law NRS 41.141, multiple parties can be held responsible for a car accident, and if you share fault, your compensation will be reduced based on the percentage you are found to be at fault.
Insurance Policy Limits
The at-fault driver's insurance policy limit can cap the compensation you can receive.
When being involved in a car accident with a company vehicle or truck, the insurance company policy limit is often large, allowing you to obtain a maximum settlement; however, on the flip side, if you're involved in a motor vehicle accident with an underinsured or uninsured driver, you may need to seek compensation through your insurance company or other means.
Choice of Personal Injury Attorney
The quality of the legal representation you choose to represent you in front of insurance companies, opposing parties, and possibly a judge or jury can significantly impact your whiplash injury claim's worth.
To ensure that you hire the best and obtain the settlement you are entitled to contact Las Vegas Car Accident Lawyer Rodney Okano today by calling (702) 566-3600 and learn with over 20 years of experience can do for you.
How Long Does a Whiplash Claim Take to Settle?
Typically, a whiplash claim can take around a few weeks to several months to settle.
However, the time it takes for a whiplash injury claim to settle is unique to each case, as many factors can alter a case's timeline.
The most significant factors that impact a whiplash injury claim settlement time include:
- Medical Treatment Length: Before your attorney starts negotiations with the insurance companies, you must complete all recommended medical care so your attorney can ensure that all medical expenses are accounted for in your claim.
- Insurance Company Pushback: If the insurance company stalls or offers a low settlement, your attorney may be required to present stronger negotiations, counteroffers, or a lawsuit.
- Liability Disputes: If the fault is disputed in your whiplash injury case, your legal representation may need to gather additional evidence and build a stronger case to fight the liability that may fall on you. This process can often extend a case's timeline.
To learn how long your whiplash claim may take, contact our Las Vegas attorneys today at (702) 566-3600 for a free case review.
Is It Worth Suing for Whiplash?
Knowing whether to sue for whiplash is crucial to your financial well-being, as suing may be considered disadvantageous in some situations.
However, in most situations, suing can be worth it after suffering a whiplash injury.
When Should You Sue for Whiplash
Situations in which you should consider suing are:
- The insurance settlement offer is too low.
- The whiplash injury results in possibly long-term or chronic problems.
- There is a dispute over fault.
- You suffered significant losses and damages.
When Should You NOT Sue for Whiplash
Whiplash injury claims in which suing may not be necessary are if:
- Your injury is minor.
- The initial insurance company settlement offer completely covers your expenses.
- You seek a faster resolution.
How to File a Whiplash Claim
After suffering whiplash in a motor vehicle accident, it's critical that you understand how to file a claim so you may obtain a fair settlement.
The recommended course of action to properly and successfully file a whiplash claim is:
- Seek Immediate Medical Attention: After any car accident, no matter the severity, it's crucial that you seek medical attention, as some whiplash symptoms, such as traumatic brain injuries, may take hours or days to become apparent. In addition, professional medical records can help support your case.
- Notify Your Insurance Company: Contact your insurance company as soon as possible and notify them of the crash; however, avoid admitting fault and keep talks short until you get an experienced attorney.
- Gather Evidence: You or your attorney should gather substantial evidence, such as photos of the accident scene, proof of lost wages, witness statements, and medical records, as this evidence makes the claims process faster.
- Negotiate a Settlement: Once you have enough evidence to support your claim, the insurance companies will review your case and offer a settlement. If the initial settlement offer is too low or the insurance companies attempt to stall or deny your claim, it's recommended that you hire a personal injury lawyer to protect your legal rights.
Schedule a free consultation with one of our Nevada personal injury attorneys today by calling (702) 566-3600 to learn how we can handle the entire filing process for you.
What Damages Can You Recover for Whiplash Injuries?
If you suffered whiplash from a motor vehicle accident, there are numerous damages you can recover through a personal injury claim, with some of the most notable being:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage costs
- Punitive damages (If awarded)
To ensure that you maximize each of these damages, it's recommended that you contact a car accident lawyer to assist in your case.
How to Protect Against Whiplash
Whiplash is a common car accident injury and can be practically difficult to avoid.
However, you can take precautions to avoid or mitigate the damage of whiplash.
Adjust Your Headrest
Ensure that your headrest is correctly positioned by checking the:
- Height: The top of the headrest should be level with the top of your head
- Distance: The headrest should be no more than 2 inches from the back of your head
- Angle: Keep the headrest at a vertical angle to provide your head with maximum support
By adequately adjusting your headrest, you better protect your neck from the impact of an auto accident.
Wear Your Seatbelt Properly
One of the most important factors in protecting yourself in a car accident is your seatbelt.
Make sure your seatbelt is fastened correctly by checking that:
- The lap belt is secure across your hips.
- The shoulder strap is diagonal across your chest and collarbone, not under your arm or behind your back.
Sit in a Safe Driving Position
During a car crash, your posture plays a crucial role in whiplash prevention.
The best posture practices to avoid whiplash during a crash are:
- Sit upright with your back against the seat.
- Keep your head on the headrest.
- Adjust your seat to a secure driving position with your knees slightly bent.
Steps to Take After a Car Accident
A car accident can be a traumatic experience that can throw your daily life into a spiral.
However, knowing what to do after being one is key to getting your life back on track.
Following a car accident, you should:
- Check for injures
- Call 911
- Move to a safe location
- File an accident report
- Exchange information with other drivers and witnesses
- Gather evidence at the scene
- Seek immediate medical attention
- Notify your insurance company
- Consult with a personal injury attorney
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
