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Average Whiplash Settlement After an Accident

February 19, 2018 by The Sawaya Law Firm

man got whiplash injury from accident

Neck sprains that are commonly known as whiplash are the most commonly reported injuries in insurance claims. The head and neck are vulnerable to injury when a person is involved in an accident. The forceful impact of a collision may propel an accident victim’s torso forward while the supported head is thrown violently back, then forward beyond the normal range of motion, straining or tearing tendons and ligaments in the neck.

This type of injury  may lead to symptom such as:

  • A limited range of neck motion
  • Stiffness in the neck
  • Shoulder pain
  • Upper back pain
  • Tingling sensations, numbness, tenderness, or other pain in the arms
  • Headaches emanating from the base of the skull
  • Fatigue
  • Dizziness

A whiplash injury may lead to a prolonged period of pain and discomfort and require months of recovery and time off work. Obtaining a diagnosis soon after your accident is important to receive the proper medical treatment and rule out any other injuries. A doctor’s diagnosis can also document the cause of your neck injury such as car accident or slip and fall.

After you have received medical treatment you will be more likely to determine the extent of treatment and recovery time. Communicating this information to your attorney is important.

Determining the Average Whiplash Settlement Payout

Payments for whiplash represent approximately a fourth of all payouts for crash injuries, according to the Insurance Information Institute for Highway Safety. Clients often ask us what is the average cost of a whiplash settlement. The answer is it depends entirely on the details of the case. Because each case is unique, it is not easy to determine the average settlement. The amount of a whiplash injury settlement varies from client to client depending on the severity of a whiplash injury and other factors.

After reviewing the specific details of your accident and injury, our attorneys will be able to help you understand the fair value of your whiplash injury claim. Be wary of any attorney who guarantees that you will receive a certain amount of money if you submit a claim

Whiplash injuries may result from accidents in which the driver at fault was distracted, driving under the influence of alcohol or other drugs, tailgating, or driving recklessly. Sometimes a combination of these factors may lead to a collision causing whiplash. Because of this, it is important to determine the exact cause of the accident in order to assign fault.

Based on our decades of experience handling injury claims for injured Coloradans, here are some important factors that may bear on the amount of a whiplash injury settlement:

  • Is the driver who caused the accident 100 percent at fault?
  • Did multiple parties contribute to the accident causing your neck injury?
  • What are the limits of the insurance policies available to pay compensation?
  • Is the lawyer experienced at negotiating whiplash settlements?

As a general rule, the more severe the neck injury, the larger the settlement.

The car accident attorneys at The Sawaya Law Firm have more than 35 years of experience supporting Colorado drivers, passengers, pedestrians, and their loved ones during the recovery process after a collision. Our attorneys have successfully handed a variety of cases, including whiplash injury and other personal injury claims resulting from motor vehicle accidents.

Most accident victims are uncertain of the value of their whiplash injury claim. If you do not have legal representation, insurance adjusters will try to exploit that unfamiliarity with the claims process and make a low settlement offer. It is important to consult with a knowledgeable attorney who can develop a reasonable estimate of your actual losses as a result of your injury.

Our whiplash injury lawyers at The Sawaya Law Firm will calculate the present and future medical costs of your injury and the other losses you incurred as a result of the injury. For example, a severe neck sprain can impact your daily life, interrupt ongoing projects, and force you to miss weeks or months of work. About 25 percent of whiplash injury victims develop chronic neck pain. All of these consequences may cause additional stress in your life as you try to get back to normal.

We can help you navigate the laws that govern insurance payouts and tort liability in Colorado.

In the event of an accident, Colorado drivers are required to maintain certain minimum levels of auto liability insurance coverage. To receive a payout, your attorneys will need to help prove who is at fault. Regardless of the cause of an accident, even if you think you may be partially at fault, our attorneys know how to advocate for your rights.

Our attorneys will work quickly to investigate your case and start the claims process. You may have the right to receive compensation for medical bills, vehicle repair, physical pain and suffering, emotional distress, lost wages, or even punitive damages. We have successfully helped car accident survivors receive insurance payouts or other recoveries for their injuries, and examples of recent verdicts and settlements we secured for our clients are available on our case results page.

Contact Us

Navigating the insurance claims process after an accident can be confusing. Our Colorado personal injury attorneys are passionate about advocating for your rights as you recover from injuries like whiplash and get back to your normal routine. Call us at 720-709-2855, or toll-free at (866) 791-1238, for a free consultation with the legal team in our Denver, Greeley, or Colorado Springs offices.

You can also submit a form online to reach us. Any information you share at the initial consultation will be kept confidential. We believe every accident survivor deserves the best legal representation and are committed to serving injured Colorado plaintiffs. Contact us today to learn what we can do for you.

Michael G Sawaya

Michael established The Sawaya Law Firm in 1977 and built it into one of the largest personal injury law firms in Colorado, with more than 20 lawyers and 80 staff members serving clients from five offices located in Denver, Greeley and Colorado Springs. Throughout its history, the firm has stayed true to its 12 Core Values, which emphasize excellence in advocacy and a commitment to providing outstanding client service. Michael studied sociology and economics as an undergraduate student at The Colorado College, and he earned his law degree from the Texas Tech University School of Law. In addition to being involved in several legal and community organizations, Michael enjoys playing music and cooking, and he has written a book on spiritual matters.

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