What is the average payout for whiplash?

One of the most common questions to a personal injury lawyer is, “What is the average payout for whiplash injuries?” Unfortunately, there is no real way to analyze this given that most are resolved in confidence.

However, Bart Bernard Injury Lawyers can review your case and provide you with an estimate based on their experience. Below, we discuss the average payouts for whiplash injuries, the factors that go into those amounts, and how an attorney can help.

Average payouts for Louisiana whiplash injuries

The value of a whiplash injury can vary significantly. While neck injuries are never minor, some cases of whiplash will heal on their own. Other cases can require significant medical treatment. Generally, the more treatment that is necessary the higher the potential claim. When whiplash leaves permanent disability, the damages could be significant.

In the least severe cases, whiplash injuries could result in a settlement or jury verdict of a few thousand dollars. Cases that require intense physical therapy or other treatments could result in an award of $20,000 to $50,000. In cases that result in permanent injuries, the value of the claim could be $100,000 or more.

These figures are generalizations, as many factors go into the value of a whiplash injury.

Factors that impact the value of your claim

Many factors can impact the value of your claim. Some of these might increase your potential recovery, while others could all but eliminate it. Here are a few of the most important elements to consider:

  • Whether the other driver was negligent. If another driver caused your whiplash injuries due to their negligence, you could have grounds to recover compensation from them or their insurance company.
  • Whether you were negligent. Even if you were partially at fault for the accident, you could recover some monetary compensation. However, that compensation would be limited by the degree to which you were at fault.
  • Whether your medical bills were significant. The amount of your medical bills stemming from a whiplash injury will go a long way to determine the value of your claim. Consider these bills as a starting point. Most juries will not award damages that are 10 to 20 times larger than your medical bills resulting from the injury.
  • If your vehicle was significantly damaged. Photos of your damaged vehicle are not required to proceed with an injury claim, but they can have a significant impact on a jury. If your vehicle suffered significant damage, that could weigh in favor of your recovery.
  • The permanent impact on your life. In addition to your medical bills, the effect an accident has on your everyday life could weigh heavily on the minds of a jury. When a whiplash injury prevents you from living as you did before the accident, it can be impactful to a jury when they deliberate your damages.
  • The amount of insurance coverage you carry. If you were uninsured at the time of the accident, “No Pay, No Play” laws could prevent you from collecting the first $15,000 in medical expenses as well as $25,000 in property damage.

No attorney can guarantee an outcome

The most important thing to understand about your whiplash claim is that a Lafayette personal injury lawyer cannot guarantee an outcome in your case. However, by carefully reviewing every aspect of it– from your police report to your medical records, an attorney might be able to provide you an accurate estimate of what your claim is worth.

Getting the most from your whiplash injury claim requires a Lafayette car accident attorney who understands how to evaluate it, negotiate with insurance companies, and take a case to trial if necessary.