Whiplash Injury Compensation

Whiplash injuries are often the result of someone else's actions which means that the victim has the right to be compensated for their pain and suffering and have their medical bills paid. The amount of compensation for whiplash injuries is dependent on several factors. One of the first things that affect whiplash injury compensation is how the claim is made. If an individual makes a whiplash claim directly to the insurance company, the resulting compensation will be in accordance with the settlement agreement reached with them. However, if the individual seeks an attorney's help in filing a claim, compensation will generally be made for general damages and special damages. General damages are difficult to determine and are based on the physical pain and suffering associated with the injury. General damages can also include psychological disorders that resulted from the injury. Although the court will have a set of guidelines that it goes by, medical testimony will play a large part in the compensation award. Special damages are awarded due to the victim having a certain loss due to the injury. For examples, if the injury will affect future earning potential, this would go under the special damages award.

Fast Facts

  • Up to 10% of whiplash victims become totally disabled.
  • Mild traumatic brain injury can be the result of a whiplash injury. The threshold for cervical spine soft tissue damage in motor vehicle accident is 5 MPH.
  • Studies show whiplash victims remain symptomatic at 12 weeks and 25% remain symptomatic at 6 months.

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