Whiplash Claims: How Much Will I Receive for My Whiplash Injury?
Out of the over 400,000 car crashes that occur in a single year in Florida, the majority of the people involved are most likely to suffer from soft tissue injuries. Whiplash is one example of mild tissue injury that many people suffer from after a car accident. Most people assume that whiplash is not a serious thing, but the reality is that many victims of whiplash end up experiencing devastating effects like permanent disabilities.
The compensation victims of car accidents receive for their whiplash injuries depends on several factors. Some of the factors that affect these claims include the severity of injury and negligence. There is no specific amount that all whiplash victims can expect to receive after filing a whiplash claim.
Injuries to the neck can not only cause disabilities but can also lead to the loss of wages. Learn from this article the average whiplash settlement and some of the factors that affect settlement amounts.
Defining Whiplash
A whiplash injury happens when a person’s neck moves forward and backwards suddenly in an aggressive motion and is common among rear-end accidents. If your head moves sideways in the same aggressive manner, you could also suffer whiplash.
Symptoms
Common symptoms of whiplash include;
- Feeling tired
- Headaches
- Experiencing pain in the neck
- Restricted motion and stiffness in the neck
Some whiplash symptoms can develop within one day, while others develop much later. Remain vigilant after a car accident to note any sign of a whiplash injury.
How the Florida No-Fault Law Affects Whiplash Injury Claims
Florida is a no-fault state; therefore, in the event of a car accident, parties usually turn to PIP insurance to make claims. PIP insurance takes care of medical expenses, lost wages, and sometimes, it can even cover some costs you incur due to an accident such as child care. Because of the no-fault law, many whiplash cases do not qualify for legal action.
For you to qualify for compensation, your whiplash injury needs to meet some threshold requirements. You cannot pursue compensation if your injuries are not severe enough to meet the criteria provided by Florida Law.
According to the Florida Statute 627.737, you will only recover damages for a whiplash injury if;
- the injury caused you a permanent or significant disability, or
- the injury resulted in death, or
- you obtained lasting or notable disfigurement and scarring, or
- the whiplash caused another permanent damage apart from disfigurement or scarring, that falls under a reasonable degree of medical likelihood.
Assuming your injury meets the threshold set and you want to pursue a whiplash claim, you need to prove negligence.
Proving Negligence
Just like in any other personal injury cases, you need to prove that the other party is responsible for your whiplash injury. For you to receive any compensation, you need to confirm that the other driver was entirely at fault. If the other driver is innocent, you will not receive compensation.
Proving negligence is not easy; therefore, you need to work with a qualified attorney to provide enough evidence to confirm that the other party was negligent.
What Is the Average Payout in a Whiplash Claim?
On average, a whiplash settlement for minor neck injuries can range anything between $10,000 – $100,000. If a whiplash causes you or someone you know a lasting disability, the compensation could go between $1 million – $5 million. However, these are only payout estimates, and the amount you receive depends on the specifics of your case. Never assume that what someone else receives for a claim you think is similar to yours is what you too will receive. Every situation is unique.
What Is Taken Into Account When Determining Settlement?
When an individual’s PIP insurance cannot cover all the costs incurred after a car accident, filing a whiplash injury claim is the best alternative. As long as you meet the threshold, you can litigate the at-fault party, provided you can prove negligence. However, the settlement you receive depends on several factors. These factors include;
- the pain and suffering you experienced after the accident
- preliminary medical bills
- loss of wages
- any ongoing medical treatment
An attorney might not be able to provide you with an exact figure of the amount you will receive for your injury. However, they can help you understand an estimate of what you might obtain.
Let Us Help You Today
If you want to file a whiplash claim, you need an experienced attorney not only to help you prove negligence but also to assist you to obtain fair compensation. To receive this assistance, contact a Naples auto accident attorney at The Law Offices of Marc L. Shapiro P.A. today to schedule a free consultation.
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