Whiplash injuries are extremely common after car accidents—particularly rear-end collisions. Unfortunately, they are also commonly undervalued by insurance companies. They might try to either dispute the severity of the injury or claim it was caused by a pre-existing condition or normal wear and tear.
If you’re currently dealing with neck pain, head pain, or other symptoms after a whiplash injury, you need to act quickly. While there’s no such thing as an “average” settlement for whiplash, cases that involve severe injuries (such as herniated discs, broken vertebrae, or a brain injury) can sometimes reach six or seven figures. For example, Crosley Law recently obtained $1.95 million for Carla, who ultimately needed neck surgery to replace a damaged cervical disc after a rear-end crash.
But if you want to have the best possible chance at fair compensation, you’ll need a strong case supported by both medical and crash evidence—and the longer you wait, the harder that evidence will be to collect. Be sure to see a doctor (if you haven’t already) and schedule a free case review with a car accident lawyer as soon as possible.
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What is whiplash?
Whiplash occurs when your neck quickly snaps backward and forward due to a high-impact force—commonly due to a motor vehicle crash or sports injury. This can result in several types of head and neck injuries—including damage to muscles, tendons, nerves, vertebrae, spinal disks, and even your brain.
Common symptoms of whiplash injuries include:
- Neck pain
- Reduced range of motion
- Pain and tenderness into the shoulders, upper back, or arms
- Headaches
- Dizziness
- Blurred vision
- Sleep disturbances
- Memory and concentration problems
- Mood changes
The link between whiplash and brain injuries
Many people believe that to suffer a concussion or brain injury, you need to hit your head on something—such as the dashboard or steering wheel. This is not true.
Your brain doesn’t fill the entire space inside the skull. It’s actually surrounded by three layers of protective membranes, plus a thin layer of liquid called cerebrospinal fluid. When your head is subjected to an external force, the brain actually jostles around a bit inside the skull.
Under normal circumstances, the protective membranes and cerebrospinal fluid provide cushioning and protection. But if the force is heavy enough, your brain can smash into the inside of the skull—which is not actually smooth but contains many bony and jagged features.
And that force doesn’t need to be a direct blow to the outside of the head. In a case of severe whiplash, the rapid change of direction from backward to forward and back again is more than enough to cause the brain to strike the inside of the skull.
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Factors that affect whiplash settlements
Whether your whiplash injury claim is worth a little or a lot depends on the circumstances. Here are some of the key factors.
1. The amount of medical bills
Past and future medical expenses are a foundational component of any whiplash claim. Depending on the severity of your whiplash injuries, you may require treatments such as physical therapy, steroid injections, nerve blocks, or neck surgery.
At Crosley Law, we work closely with medical experts who can accurately forecast future medical treatment you’re likely to require in the future. For example, a whiplash injury earlier in life can increase your risk of developing arthritis at a young age. Crash victims might also not need surgery right away if they are managing symptoms well enough with conservative treatments, but will likely need surgery in the future if chronic pain management techniques become less effective.
The insurance company will not do this for you—their goal is to settle as cheaply as possible. So don’t take any settlement offer before you have a clear picture of your future treatment needs.
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2. The impact on your quality of life
Texas law also recognizes that not all damages come with specific dollar figures attached. You’re also entitled to compensation for your non-economic pain and suffering, such as living with chronic pain, emotional anguish, and losing the ability to do the things you love.
Often, insurance companies estimate non-economic damages based on the amount of economic damages (which includes your medical bills and lost wages) and the severity of your injury symptoms. For example, if you make a complete recovery from your whiplash injury within three months, your non-economic damages might be relatively small—perhaps equal to your economic damages. But if you suffer a permanent disability due to a neck injury or brain injury, your non-economic damages could be several times greater than your economic damages.
3. Amount of available insurance coverage
Insurance companies will only pay up to the limits of the policy. For example, if the at-fault driver is carrying $100,000 in liability coverage, then that is all you can get from that insurer—no matter how bad your whiplash injuries are.
It’s also possible to sue the at-fault driver directly for damages, but in practice this approach is rarely worth it. In most cases, if the driver actually had enough assets to pay your claim directly, they would have purchased a bigger insurance policy.
One of the best ways to protect yourself is to make sure you purchase a significant amount of uninsured and underinsured motorist coverage (UM/UIM) in your own auto insurance policy. If you were not at fault in the crash, your UM/UIM insurance will kick in and cover damages above and beyond the insurance limits of the at-fault party.
We also strongly recommend you work with an experienced car accident attorney. They may uncover additional at-fault parties or applicable insurance policies that you can file a claim against.
4. Clear evidence of liability
Most whiplash injuries are the result of rear-end collisions. In most of these cases, the trailing driver will likely be held responsible for not maintaining a safe following distance. However, there are exceptions to this rule (for example, if the lead vehicle suddenly pulls onto the road directly in front of the trailing vehicle), and if there’s any gray area at all, the insurance company will try to take advantage.
If it’s not 100% clear who is at fault, the insurance company will probably lower their whiplash injury settlement offer accordingly—or they might make no offer and take their chances in court. It’s also been our experience that, when cases do go to court, juries tend to award less to crash victims when fault isn’t clear. They even have the option of dividing fault between multiple parties, according to Texas’ comparative negligence laws.
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5. Aggravating Facts
Even though it shouldn’t really matter, there’s some basic human psychology at work when a case comes before a jury. Juries tend to award more damages if the at-fault driver acted in a way that aggravates or upsets them—for example, if they were picking their nose and staring out the side window for six seconds before the crash, like this truck driver in a $3.4 million case we settled recently.
An experienced personal injury attorney can help you maximize your whiplash settlement
Remember, the insurance company’s goal is to pay as little as possible to make your claim go away. So they will try to undervalue your claim.
One common tactic is to blame your symptoms on a pre-existing injury. We represented Melissa, a young woman who experienced whiplash (which resulted in neck pain and a concussion) after the hotel shuttle she was riding in was rear-ended. Because she had a previous neck injury and history of migraines in her medical records, the insurer wouldn’t offer her a fair settlement.
Another is to simply deny that your symptoms are real or argue that you’re exaggerating them. This also happened to Melissa. The insurer on her case suggested that her concussion symptoms might be just “in her head” rather than a result of the crash.
In the end, we were able to settle Melissa’s case for $500,000. But it took two years of hard work and medical investigation.
When you work with a good attorney after a severe whiplash injury, they’ll make sure you get the treatment you need, gather medical records and expert opinions, investigate the crash, and negotiate aggressively with the insurance adjuster to get you the best possible settlement. Most crash victims are unable to achieve this on their own. And the longer you wait to get started on your case, the greater the risk that crucial evidence will disappear for good.
Car Crash? Call Crosley
Our legal team has been successfully handling whiplash claims since 2005. We have a single goal: helping you make the fullest and fairest recovery possible. To request a free consultation with an experienced car accident lawyer, simply complete our quick online form or call 210-LAW-3000 | 210-529-3000 today.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
