How to Value a Whiplash Injury for a Personal Injury Claim

The amount of damages for a whiplash personal injury claim differ depending on the seriousness of the injury and anticipated future treatment. The average award for the area also affects the amount you are likely to receive.

Litigation vs. Settlement

Settlement negotiations are less expensive than litigation because attorneys do not need to prepare for trial and no one must pay court fees. Thus awards given through settlement negotiations can exceed those given in court.

Determining Medical Damages

Medical damages for a whiplash injury include previously incurred expenses and those expected to arise in the future. Previous expenses are usually reimbursed on a dollar-for-dollar ratio. The amount of an award to cover future expenses depends on how much treatment is expected and the average cost of the required treatment. This amount is determined based on your physician’s recommendations and estimations.

Lost Wages and Future Income Considerations

Wages lost due to a whiplash injury are usually compensated on a dollar-for-dollar basis. Anticipated lost future wages, however, are determined by calculating future potential earnings over the length of time you would work. Potential salary increases, bonuses and promotions make this calculation more difficult, but it is usually based on what you earned before the injury.

Damages for Pain and Suffering

The amount of compensation awarded for pain and suffering depends on the seriousness of the injury. Injuries causing continuous, irreparable pain are compensated more highly. Specific amounts of money for pain and suffering are determined by local awards and individual circumstances.

Permanent Damage or Disfigurement

An injury causing permanent damage or disfigurement is compensated more highly than an injury that does not contain these elements. Included in this category is any impairment of daily life activities, such as walking or exercising.

Special Considerations for Whiplash Injuries

Whiplash injures are some of the most common personal injury claims. Their commonness has caused their overall value to decrease in recent years. Therefore only well-documented, provable whiplash injuries receive compensation of $10,000 or more. Usually individuals suffering from whiplash receive approximately $5,000 for their damages.

Getting Legal Assistance

Speak with an attorney if you want to know the value of your whiplash injury. A lawyer will review the facts of your injury and discuss the compensation you could receive.