How Much is a Whiplash Injury Claim Worth?

Whiplash injuries happen in many ways, but motor vehicle accidents are one of the most common. A whiplash injury occurs when a force causes the head to jerk forward and back. One of the most common causes is being rear-ended, although other types of traffic accidents routinely cause whiplash injuries.

When it comes to treatment, recovery, and seeking compensation, whiplash injuries can be tricky. Some are relatively minor and the injured person recovers fully in a brief period of time. Others are more serious and require medication, use of a cervical collar, or even physical therapy as the injured person works to restore range of motion. Some whiplash injuries have long-term or even permanent effects.

The challenges may begin immediately after the injury because whiplash injuries are often difficult to diagnose. That’s because they are soft tissue injuries, which means that they do not show up in x-rays or even in more sophisticated imaging tests. Many whiplash injuries go undiagnosed or are not diagnosed until later. The gray area is so significant that different estimates put the number of whiplash injuries suffered in the United States each year anywhere between approximately one million and approximately three million.

Liability for a Whiplash Injury

As in any other type of personal injury claim, a person or entity is generally responsible for injuries if their negligence caused or contributed significantly to the injury. In one sense, this analysis is similar to any other car accident: the injured person must prove that the other party was negligent, caused or contributed to the accident through that negligence, and the accident caused the injury.

However, there is sometimes an added twist in whiplash injury claims. That’s because whiplash injuries aren’t always immediately diagnosed after the accident, and there is no hard evidence such as a clear diagnostic test showing the injury and that it is new. So, proving that the injured person is suffering from whiplash and that the motor vehicle accident was the cause of the whiplash can be more complicated than with many other types of injuries.

This uncertainty can have an indirect impact on the value of the claim. Attorneys on both sides of the case will factor in the likelihood of success at trial in determining a fair settlement value.

Valuing a Whiplash Injury Claim

In addition to the liability issue and the difficulty in documenting the injury, the extent and duration of a whiplash injury may be in question. Because there is no clear measure of the extent of the injury, it can be difficult to know how serious pain and limitations may be over time. If the whiplash injury is severe and the injured party is expected to suffer long term pain, be prevented from enjoying various normal activities, and even have his or her income potential limited, an expert witness will likely be required to establish the extent of these damages and the value of the claim.

Talk to an Experienced Whiplash Injury Lawyer

While no personal injury attorney can promise you a specific result or give you the exact value of a claim, an experienced whiplash injury attorney can assess your case and explain how the various factors are likely to impact the value of your claim.

Attorney Kevin P. Broderick offers free consultations to people who have been injured in motor vehicle accidents in both Massachusetts and New Hampshire. There’s no obligation, so there is no downside to learning more about your rights and the possible value of your claim.

To learn more, call 978-459-1792 or fill out the contact form on this site.