Whiplash injuries typically stem from the sudden and forceful backward and forward movement of the head, which can occur in a vehicular accident, or as the result of a sporting injury, or a fall. The average settlement amount of a whiplash claim involves evaluating various factors, including the severity of the injury, how fault is determined, medical expenses during treatment, and the impact on your daily life.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
How an Attorney Can Help with a Whiplash Claim
Each case is unique, and the amount that you may receive from your whiplash claim will vary depending on the severity of the whiplash, accompanying injuries, and other case factors that are detailed below. Our personal injury attorneys have helped thousands of individuals recover compensation for injuries, including individuals who suffer from whiplash. If you or a loved one is suffering from whiplash or experiencing other symptoms that may be related to whiplash, you may be eligible to recover compensation. Getting started with your case is easy. Call 888-801-4813 or request a free case evaluation online. And remember, there are no upfront costs or legal fees – we only get paid if you win.
Understanding Whiplash Claims
Whiplash occurs when your neck and upper spine are forced to move unnaturally, resulting in injury. This form of neck strain involves small microtears in the neck muscles and ligaments. The term “whiplash” derives from the rapid, forceful back-and-forth motion of the neck, similar to the cracking of a whip, that often occurs during an incident. Whiplash affects the cervical area of the spine, and can be very painful, causing pain, swelling, stiffness, and other uncomfortable symptoms for clients. It can affect your neck and back, head, and shoulder, and is typically caused by motor vehicle collisions, sports injuries, or falls. The typical recovery time from whiplash can be days to weeks, but more severe and chronic problems can last months or years.
Symptoms of Whiplash Injury
- Neck pain and stiffness
- Limited range of neck movements
- Headaches
- Pain in shoulders and upper back
- Dizziness
- Tingling or numbness
- Trouble sleeping
- Blurred vision
- Memory or focus problems
It is essential to understand that serious injuries can often present as minor symptoms such as headaches, stiffness in the neck, or mild discomfort. These seemingly minor symptoms may be early indicators of more severe conditions that could develop over time. It is essential to seek medical attention as soon as possible after the injury. A medical professional can provide you with a comprehensive examination to ensure complete and proper treatment.
Potential losses may include the inability to:
- Drive your children to school
- Go on planned trips or vacations
- Sleep comfortably through the night
- Play with pets
- Go to the gym or participate in sports
- Perform household chores or hygiene tasks
- Enjoy hobbies such as gardening or playing musical instruments
- Participate in community service activities or volunteer work
Variables that Affect How Much a Whiplash Claim is Worth
When determining the value of a whiplash claim, each of the factors below will be evaluated to ensure you receive a fair and just settlement for your whiplash injury.
1. Severity & Duration of Injury: Whiplash injuries differ from person to person, depending on how the injury occurred. The extent of injury is typically correlated with the duration of treatment. The more severe the injury, the higher the associated medical treatment, which leads to higher settlements. More severe whiplash injuries are often associated with other injuries like concussions, shoulder injuries, back injuries, and soft tissue damage as well. Prolonged pain and suffering, including ongoing treatment and the ability to participate in activities in your daily life, will also increase the settlement value. i
2. Medical Expenses: Treatment for whiplash may include but is not limited to, taking medication to help with pain, physical therapy, visits to a pain specialist, immobilization, or surgery, depending on the extent of the injury. If pain persists, your doctor will need to evaluate whether whiplash may have caused damage to the nerves in your neck or back. This damage may be indicated by symptoms such as tingling, numbness, problems sitting or walking, and weakness in your arms and legs. The medical bills, including costs for doctor visits, medical equipment, physical therapy, medication, and other necessary treatments, will influence the claim’s value.
3. Lost Wages: If your injury has caused you to miss work or reduce your hours, you may be able to recover compensation for lost wages after an accident. This claim can include both past and future income, and loss of earning capacity, depending on the injury’s impact on your ability to work. This can include the potential loss of promotions, raises, and career opportunities that were hindered due to your injury. To claim lost wages, you must provide documentation from your employer detailing the income loss.
4. Pain and Suffering: The impact that the injury has on an individual’s daily life is a large portion of the whiplash claim. The pain and suffering portion of a whiplash claim comes down to the individual and the experiences they lost or the burdens they accrued due to the negligence of another. The injury may impact the individual’s ability to interact with loved ones, participate in activities/hobbies, perform ordinary human tasks, work, and enjoy life.
Your injuries can lead to emotional and psychological suffering, such as anxiety, depression, or PTSD. Conversations with your doctors about your pain, seeking help from mental health professionals, or keeping daily logs on your pain levels/emotional well-being can help to boost the value of your settlement.
Get Help from A Personal Injury Attorney at Brown and Crouppen
If you or a loved one is suffering due to a whiplash injury following a traumatic incident, you may be entitled to compensation. The choice of a lawyer is an important one and should not be decided without careful consideration. Our expert team is here to help you learn more about your legal options and evaluate the strength of your whiplash claim. We care about our community and have dedicated our practice to helping injury victims recover justice, accountability, and compensation.
Get started with your by calling us at (314) 501-9510 or find out if you have a case online. Our St. Louis and Kansas City personal injury lawyers have helped clients recover over $1 billion in settlements and verdicts. And remember, there are no upfront costs or legal fees – we only get paid if you win.
Frequently Asked Questions
1. How do I prove I suffered from whiplash?
Whiplash can manifest in many ways, and varies from individual to individual. There are several ways to “prove” your injuries when it comes to a whiplash claim.
The claim requires detailed documentation and proactive steps by the injured party. The first and most crucial action is to seek immediate medical attention. Whether through a primary care doctor, or an urgent care or emergency room visit, prompt medical attention ensures proper treatment and immediate record-keeping by a physician or medical professional, providing a solid foundation for your claim.
After seeking medical help, it is best to follow medical advice and be an active participant in your treatment. This allows you to heal to the best of your ability and helps document the ongoing nature of your injury. Treatments can include follow-up imaging, such as X-rays, MRIs, and CTs, as well as physical therapy.
Your attorney at Brown and Crouppen can effectively assist with your case by providing comprehensive documentation of the incident and your injuries. Other essential documentation can also include, but is not limited to:
- Records of lost wages from your employer
- Police or traffic reports
- Video footage
- Any other incident reports related to your injury.
- Statements from yourself or from unbiased individuals who can attest to your pain/injury and its impact on your life can also be valuable in substantiating your claim.
Once your claim is filed, your Brown and Crouppen attorney will guide you through the legal process. They will help you build a strong case to prove your injuries and seek appropriate compensation, providing you with the support and expertise you need during this challenging time.
2. Are whiplash settlements taxable?
In Missouri and Illinois, the tax for whiplash settlements follows federal tax guidelines. Generally, physical injuries and medical expenses are not taxable. However, if your settlement compensates for lost wages, that amount would be taxable in the same way that your regular income would be. Any accrued interest that is earned on the settlement amount would be taxable as well. To ensure you understand all the tax implications for the settlement, an attorney at Brown and Crouppen will help advise you on the matter.
3. How is fault determined in a whiplash claim?
Determining fault in any personal injury claim involves an investigation of the incident. An experienced attorney can help gather evidence to establish fault in any claim. This process can include reviewing police reports, seeking witness statements, analyzing possible video footage, and establishing medical causation(how the injury is related to the incident).
4. How long do I have to file a whiplash claim?
The time limit to file a whiplash claim, known as the statute of limitations, varies by state. In Missouri, the statute of limitations for filing a whiplash claim is generally five years from the date of the incident. That means you have five years to file a lawsuit in court to seek compensation for your injuries.
In Illinois, the statute of limitations for filing a whiplash claim is generally two years from the date of the incident. That means you have two years to file a lawsuit in court to seek compensation for your injuries.
It may be possible to file a claim after the statute of limitations has expired if your symptoms appear at a later date and can be definitively linked to the incident. It is important to seek medical attention as soon as you notice any symptoms. It is crucial to file your claim during the statute of limitations to pursue your legal action.
