Visitor Question

Do my injuries from this rear end accident justify a $25,000 claim?

Submitted By: Anonymous (North Augusta, South Carolina)

My wife and I were rear ended at a red light. Since the accident I have had tension headaches, been diagnosed with whiplash, and have been going to a chiropractor. Due to the nature of my job I cannot take the pain pills or muscle relaxers prescribed by the doctor.

I know the state in which the party at fault resides in requires a minimum of $25,000 liability insurance coverage, which would cover my medical bills (approx. $8,000) and leave me with a little bit for future chiropractor visits. Do my injuries substantiate a $25,000 claim? Thanks for any perspective you can provide.

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,

According to the Mayo Clinic:

“Whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip. Whiplash most often occurs during a rear-end auto accident, but the injury can also result from a sports accident, physical abuse or other trauma.

Common signs and symptoms of whiplash include neck pain, stiffness and headaches. Most people with whiplash recover within a few months after a course of pain medication, exercise and other treatments. Some people experience chronic neck pain and other ongoing complications. Whiplash may be called a neck sprain or strain, but these terms also include other types of neck injuries.”

To determine a reasonable amount of compensation to demand from the at-fault driver for your whiplash injury will require a review of your medical bills and the “reasonable and necessary” costs required to treat your injury.

Unfortunately, most insurance companies do not afford chiropractic treatment the same credibility as they do medical treatment from physicians. With chiropractic bills at approximately $8,000, it would not be unreasonable to start with a demand of $25,000 from the insurance company. While it is unlikely they will agree to pay that amount, it is a good starting point.

Learn more here: Whiplash and Other Neck Injuries

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 with your claim,

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