How Much is a Whiplash Injury Claim Worth?

Anyone who has been injured in an accident naturally wonders about the possible value of their injury claim. When whiplash is the main injury, that question can be especially complicated. That’s because whiplash may be short-term or long-term, is difficult to document, and varies in severity.

Every case is different. So, the best way to get reliable information about the factors that will impact the value of your whiplash injury claim is to talk to an experienced local personal injury lawyer. The information here will give you a general idea of how compensation for whiplash injuries works and what specifics may impact the value of your claim.

What is Whiplash?

“Whiplash” is a term commonly used for a sudden force injury that strains the neck and spine. Car accidents are among the most common causes of whiplash, because the force with which the head moves in response to the impact of one vehicle striking another can cause the injury–even when the body doesn’t make contact with any object. Other common causes of whiplash include contact sports, falls, and amusements such as roller coasters that jolt a person.

Common Whiplash Symptoms

Whiplash symptoms range from minor to severe. They may begin immediately after the impact or take hours or even days to emerge. And, they may resolve on their own in a few days or be long-lasting.

Some symptoms indicating you may be suffering from whiplash include:

• Stiffness in the neck
• Neck pain
• Pain radiating to shoulders or back
• Muscle spasms
• Difficulty turning the head or neck
• Muscle weakness
• Numbness, burning or tingling
• Headaches
• Visual disturbances
• Dizziness
• Vertigo
• Hoarseness
• Difficulty swallowing

It can be difficult to tell how serious whiplash is or whether there may be related injuries such as a spinal fracture, so it’s best to seek medical attention if you’re having symptoms after a car accident or other physically jarring incident.

Compensation for Whiplash Injuries

Why are Whiplash Cases Difficult?

One reason the value of a whiplash injury claim varies so much is that a whiplash injury is hard to document. Often, whiplash isn’t diagnosed right away, which can make it hard to tie to the event that caused it. And, there’s no objective test that clearly shows whiplash–as a soft tissue injury it won’t show up on x-rays or other diagnostic imaging. 

The Value of a Whiplash Injury Claim

Some of the factors that will typically impact the value of a whiplash injury claim include:

• The medical expenses associated with the injury
• Any lost income due to the injury
• Whether the injury has resolved or the injured person has ongoing limitations and the need for ongoing medical care
• How the injury has impacted the plaintiff’s life, and for how long

But other elements that don’t relate directly to the injured person’s costs and losses will play a role, too. Some of these include:

• How clear it is that the defendant’s negligence was the cause of the plaintiff’s injuries
• The quality and extent of medical documentation of the nature and severity of the injury
• How soon after the accident that caused the injury the plaintiff sought medical care

If the insurance carrier sees an opening to argue that the accident wasn’t the cause of the plaintiff’s injuries, or that the injuries are far less severe than the plaintiff claims, they may be less inclined to settle. Or, they may offer a lower settlement because they believe they may win if the case goes to trial.

Talk to An Experienced Personal Injury Lawyer Right Away

Both Massachusetts and New Hampshire allow three years to file most personal injury claims. But, that doesn’t mean you should wait to seek legal advice. There are many reasons to act quickly. One is that certain types of claims, such as claims against governmental entities, have a much shorter deadline for providing notice of your claim. Another is that if you delay consulting an attorney, you may make mistakes that can hurt your claim. That could mean not creating the record of medical consultation and care you’ll need to prove your damages, or missteps in dealing with an insurance carrier who wants to minimize what they have to pay you.

Attorney Kevin P. Broderick knows from decades of experience how important it is that you have reliable information early in the process. That’s why he offers free consultations to car accident victims and others who have been injured on the job or through someone else’s negligence. You can schedule yours right now by calling 978-459-3905 or filling out our contact form.