Michael | March 3, 2023 | Car Accidents
Every year, whiplash affects more than 2 million Americans. When added to the significant number of people that experience concussions due to a car accident, these injuries are among the most common issues individuals face after a crash.
- “Whiplash“ is often used to describe a neck sprain or strain, which occurs when the head is abruptly snapped forward and backward (in a whip-like motion). This sudden movement over stretches the muscles, joints, and ligaments in the neck and upper back, and symptoms may not show up until days or weeks after an accident.
- A concussion is a traumatic brain injury (TBI) caused by a blow, bump, or jolt to the head or body, which results in the brain roughly bouncing around inside the skills and experiencing a measurable chemical change.
If you have been involved in a car accident, it’s important to be aware that the force necessary to produce these severe injuries may not be as much as you think. In fact, a number of whiplash injuries result from car accidents occurring at speeds between five and ten mph.
It is also crucial to understand that, should you sustain a whiplash injury or concussion in an accident, you have legal options for seeking fair financial compensation to pay for your medical care. Catania and Catania Injury Lawyers have extensive experience in Tampa, helping our clients secure settlements for whiplash and concussion injuries, ensuring that they can pursue the proper care and recovery.
How Much is the Average Whiplash Settlement?
If another driver is at fault for a motor vehicle accident that caused your injury, you may have grounds to file a claim.
Depending on your situation, you may be entitled to fair compensation to cover the following:
- Medical expenses
- Rehabilitation for injuries
- Lost wages
- Reduced earning capacity
- Loss of enjoyment of life
- Emotional distress, pain and suffering
One of the most common questions is, “How much settlement money can I receive for a whiplash injury/concussion?” Because each case is unique, it is difficult to provide an exact dollar amount in terms of what you can expect for a whiplash/concussion settlement. Experienced car accident attorneys, such as the skilled team at Catania and Catania Injury Lawyers, will do everything possible to get you the highest possible settlement for your case.
The average settlement for whiplash and concussion injuries sustained due to a car accident ranges from $20,000 to $200,000. This range is so broad because of the many factors that must be considered in a personal injury case.
What is a Fair Whiplash Settlement for My Injury?
In terms of a fair average settlement for whiplash/concussion injuries in your case, your personal injury attorney will work closely with you to interpret the various factors involved in determining an acceptable dollar amount.
Generally speaking, the more severe your injuries are, the higher the compensation payout should be.
Assuming that the other driver was at fault for the accident, you can seek maximum compensation for multiple expenses. To get an idea of how much you can get in a whiplash settlement, you can consider the following:
- What were your initial medical expenses for care immediately after the accident?
- What are your ongoing medical costs/expenses associated with medical treatment/recovery (such as physical therapy, chiropractic care, etc.)?
- Did you lose out on expected income due to an inability to work after the accident? (This includes any leave you had to take for doctor’s appointments and follow-up care.)
- How has the injury affected your quality of life and emotional well-being?
- What were your expenses associated with property damage?
As we calculate a fair settlement amount for your injuries, we will examine how your whiplash/concussion impacted your day-to-day life. This means assessing financial expenses and how your types of injuries affected your lifestyle (inability to play with your children, maintain your home, enjoy hobbies, etc.).
Factors that Can Affect Your Whiplash Settlement
To figure out how much settlement money you can receive for whiplash or concussion injuries in your specific case, we will examine factors that may include:
- The severity of your head injury
- The circumstances of the accident (speed, point of impact, etc.)
- Whether or not you have experienced a similar injury in the past
- Damage to your vehicle
- How long will your recovery be
- Medical treatment needed for your injury
- Whether or not the at-fault driver was impaired, distracted, etc.
Ultimately, the severity of the whiplash and concussion injury and the effect it had on your everyday life are the two factors that will most drastically affect your case.
They are often used to determine the “multiplier,” a number between one and five that will be used to calculate a fair settlement amount. For example, your settlement may be $25,000 multiplied by 4 (the multiplier), totaling $100,000. A multiplier is typically reserved for cases that are settled with an insurance company, not those that end up going to trial.
What to Expect During a Personal Injury Claim
While filing a personal injury claim, your experience will largely depend on the attorney you choose. Ideally, you will partner with an experienced and dedicated personal injury lawyer that will be fully present to walk you through every step, assisting you in navigating the complex process and minimizing the stress as much as possible.
At Catania and Catania Injury Lawyers, our personal injury attorneys will serve as your advocates, experts, and support system from the initial case evaluation to the final wrap-up. During a personal injury claim, you can generally expect the following steps:
Meet with an Attorney
First, you’ll meet with an attorney to get their legal opinion on your case. During this consultation, we will review your supporting documentation, notes, medical records, and any other information you can provide about your situation. This will help us provide an accurate and detailed perspective on the validity and strength of your claim as an accident victim, a possible personal injury settlement amount, and so on.
Complete a Contract
If you decide that you are ready to move forward, we will then complete a contract that guarantees that we are in service to you. The contract will outline all details, including fees, so you know exactly where you stand – because we highly value transparency.
Investigation of the Case
From there, we will begin investigating the case to gain as much information as possible about how your injury occurred, the circumstances surrounding the accident, the other driver’s liability, etc. We will also communicate with the at-fault driver’s insurance company (and their attorney, if necessary). During this time, you can focus on your recovery period and allow us to take on all responsibilities of the case.
Settlement Negotiation Process
In many cases, a settlement is reached without a need to take the case to trial. We will negotiate with the insurance company to fight for a fair settlement on your behalf, keeping you informed and providing advice.
File a Lawsuit / Mediation If Necessary
We will file a personal injury lawsuit in court if a fair settlement cannot be reached. The lawsuit process can take several months or years, depending on your case’s complexity. Attempts at mediation can occur throughout the process, potentially resolving the case before going to trial. Otherwise, your case will eventually be presented to a judge or jury, who will come to a final decision (verdict).
Do I Need an Injury Lawyer? Contact Catania and Catania Injury Lawyers
Even if you are uncertain whether your accident was severe “enough” to necessitate an attorney, a consultation is the best way to protect yourself and your rights. If you have been injured in an auto accident, contact an accident lawyer at Catania and Catania to receive our professional legal representation now.
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