Visitor Question

What’s the typical settlement for whiplash?

Submitted By: Anonymous (USA)

I was heading home on a dry sunny day and the car in front of me pulled into a gas station, probably a mile from my house. Well, the lady behind me decided not to pay attention and rear ended me going at least 40mph. The speed limit is 55mph on this road.

She had insurance if this helps in any way. The car was totaled but it was not my car and they settled with the owner already. So my case is just for my injury which was only whiplash.

I’ve had 2 doctors appointments so far. One was to check my injuries. In the other appointment my doctor recommended I get my back manipulated, which I did and he said I was recovering fine.

I guess I’m just curious as to what the typical settlement is for this?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

There really aren’t any “typical settlement” amounts for whiplash injuries. For that matter there aren’t any typical settlement amounts for any personal injury settlements. Personal Injury settlements are primarily determined by the amount of money spent to pay for medical bills and closely related expenses.

The injuries you sustained are referred to as “soft tissue” injuries. Soft tissue injuries refer to the areas of the body where primarily tissue, and not bone or organ damage has occurred.

In other words, if one were to be involved in an automobile collision and his legs were broken, those injuries would not be considered soft tissue. On the other hand if, in the same collision another passenger’s legs were badly sprained, but not broken, those leg injuries would be considered soft tissue.

A whiplash injury is considered a soft tissue injury. It has been defined as “an over-extension injury to the neck, often the result of being struck from behind by a fast-moving vehicle in a car accident.”

Here’s what happens when someone is involved in a whiplash injury collision…

When a collision occurs the victim’s body is pushed or accelerated forward, but the victim’s head remains stationary. When that happens the sheer force of the collision causes some of the muscles and ligaments to be stretched or torn.

Determining a whiplash settlement amount will depend on your medical treatment, out of pocket expenses, pain and suffering, and attorney’s skills.

Continue your treatment. Document all of your out of pocket expenses, including receipts for prescription medications, over the counter medicines, bandages, and the like. Document any of your lost wages as well.

Once you have accumulated all of this documentation you will be in a position to consider final settlement of your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 7, 2011

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