The settlement amount for your whiplash claim varies wildly based on the severity of your injury. Whiplash injury settlements can range from less than $10,000 to upwards of $100,000 depending on your damages.
This is a wide range, and this depends on a variety of circumstances that vary from accident-to-accident. Factors like liability for your injuries, insurance coverage, and what state your accident took place in affects your whiplash settlement.
If your whiplash injury resulted from a car accident, you’ll need an auto accident attorney to analyze your claim. Your settlement can vary based on how well you can support your evidence.
For other causes, you’ll need a personal injury attorney who specializes in your accident. Leave the paperwork and negotiations to the professionals while you focus on recovering from your injuries.
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What is a Whiplash Injury? Symptoms and Severity
A whiplash injury occurs when one’s neck aggressively moves back-and-forth, stretching tendons and ligaments beyond their normal range of motion. Most whiplash victims recover after a few weeks, but some experience lasting symptoms that indicate further damage along the body.
Common symptoms of a whiplash injury include:
- Neck stiffness
- Headaches
- Upper back aches
- Shoulder or arm pain
- Fatigue or dizziness
Most often whiplash injuries are paired with traumatic brain injuries due to the brain moving violently as well. Also, injuries may run down the spinal cord as discs may be compressed or herniated after a car accident.
Measuring Severity in Whiplash Claims
Whiplash injuries range from mild to severe, wildly affecting the settlement one may gain from a whiplash accident. Because of this, doctors have developed two ways to grade the severity of a whiplash injury. These are the:
- Quebec Task Force on Whiplash-Associated Disorders (QTF-WAD)
- Croft Grading System
Both grading systems measure the severity of a whiplash injury through range-of-motion and whether the victim suffers neurological and musculoskeletal injuries.1
| Grade | Croft Grading System | QTF-WAD |
|---|---|---|
| 0 | N/A | No neck complaints or physical signs |
| 1 | Slight neck pain with no limited range-of-motion | Neck complaints with no physical signs |
| 2 | Small neck pain with limited range-of-motion, no musculoskeletal or neurological injuries present | Neck complaints with signs of musculoskeletal injury |
| 3 | Moderate neck pain with limited range-of-motion, some musculoskeletal or neurological injuries present | Neck complaints with neurological signs |
| 4 | Moderate to severe neck pain with limited range-of-motion, musculoskeletal instability with neurological symptoms; possible fracture or disc derangement | Neck complaints with fracture or dislocation |
| 5 | Severe pain that requires surgery | N/A |
- Table from Croft, Arthur C et al. “Comparing 2 Whiplash Grading Systems to Predict Clinical Outcomes.” Journal of chiropractic medicine vol. 15,2 (2016): 81-6. doi:10.1016/j.jcm.2016.04.009 ↩︎
Although most whiplash injuries stay between levels 0-2, the length of time to recover from your injury may vary. This may affect your performance at work, leading to lost wages or even a change in job roles.
Consult an attorney if you believe your whiplash injury deserves compensation and that going through the legal process is worth receiving a settlement. Sustaining bodily harm for an accident that wasn’t your fault should never have to happen.
Common Causes of Whiplash Injuries
The most common way someone sustains a whiplash injury is through a motor vehicle collision, namely through rear-end crashes. The unexpected forces from a car accident can violently move one’s neck back-and-forth, creating neck and upper-back injuries.
Severe forms of whiplash can even damage the spine, even resulting in nerve damage in its worst forms.
Whiplash can occur through any form of trauma, not just through car crashes. Other causes of whiplash may include:
- Falls
- Sports accidents
- Physical abuse
The risk for whiplash increases as you get older or if you sustained a whiplash injury in the past. Pre-existing back or neck injuries and car accidents involving heavy force like a head-on collision may increase the chance for whiplash injuries as well.
What Factors Affect Your Whiplash Settlement Amount?
A fair settlement for whiplash depends on numerous factors your attorney should analyze for your legal claim. These factors determine whether you even qualify for compensation after an accident, so take them into account for your settlement.
Even if you’re partially-liable for your whiplash injuries, you may still qualify for a settlement depending on your state’s laws. A legal expert can help guide you through the settlement process to see whether you have a whiplash claim.
Severity of Whiplash
It comes as no surprise that the more damages you suffer from whiplash, the more you’re entitled to a higher settlement. The minimum payout for whiplash changes based on the extent of your injuries and how it affects your daily life.
The severity of your whiplash claim is largely subjective and may require an expert attorney to determine what you’re owed. Make sure your insurance company is not lowballing your settlement through expert legal representation.
Degree of Fault
Your degree of fault depends on the negligence laws your state uses to determine liability for personal injury accidents like whiplash.
Some states use comparative negligence laws to determine degree of fault. This law reduces your whiplash settlement amount based on your liability. If you were found 30% at-fault for the accident, your total whiplash settlement is reduced by 30%.
This allows victims to receive a settlement despite owning partial liability for their accident. You may need a lawyer to organize your evidence to prove how truly liable you were for your injuries.
Insurance Coverage
If the liable party was uninsured or their coverage fails to meet your losses, you may collect a lower settlement than you need.
As most whiplash injuries occur due to car accidents and most states require proof of insurance, this shouldn’t be an issue. However, more than 10% of drivers are uninsured in most states, reaching 29% in certain areas.
Additions to your insurance policy can mitigate this issue through uninsured or underinsured motorist coverage (UI/UIM). This addition covers the remaining damages the at-fault party couldn’t pay from their insurance.
Damages Sustained From a Whiplash Injury
The more damaged your neck and upper-back sustains due to whiplash, the longer it may take to recover. It’s important to gather evidence at the scene to prove to a court, jury, or insurance company the severity of your whiplash.
Evidence like the ones below are factors that may help increase your whiplash settlement amount:
- Accident photos
- Medical bills
- Possible repair bills
- Witness accounts
Your whiplash settlement not only addresses your economic damages, but your non-economic damages as well. Take your emotional losses into account when talking to your attorney about your whiplash injury. You may qualify for compensation based on how much pain and suffering you endured from the accident.
Medical Expenses
The physical therapy you may need after a whiplash injury shouldn’t come from your pocket if you weren’t at-fault. Chiropractor fees, doctor visits, pain medication, and even surgery is covered by your whiplash settlement when determined.
Because whiplash symptoms can develop days after an accident, it’s important to account for future medical fees in your settlement. Other harmful conditions may develop over time, so don’t settle too quickly with your insurance company to maximize your coverage.
Lost Wages
Whiplash can take you out of work for several days depending on your symptoms and line of work. Your whiplash claim can cover multiple days of lost work depending on your insurance policy.
Pain and Suffering
If you sustained pain and suffering from a whiplash accident that obstructs your daily life, your whiplash settlement may cover your intangible costs.
There are multiple ways an attorney can calculate pain and suffering amounts in your settlement depending on your injuries.
Find an Attorney to Represent Your Whiplash Claim with LegalASAP
If you’re wondering whether you qualify for a whiplash claim, you may need attorney representation to back up your case. An auto accident attorney can potentially raise your settlement amount by backing up your evidence and negotiating in your stead.
If you’re worried about contacting an attorney, know that our network mostly works under contingency. This means our attorneys only collect when they win, and there are no fees until you get your settlement in the mail.
If you need attorney representation, call LegalASAP’s attorney network. We have 500+ law firms around the United States ready to assist with your whiplash claim. You can call 888-927-3080 or fill out this short evaluation form below.
Jan Reburiano is a content writer and SEO specialist for law firms focusing on personal injury, disability, employment law, among other practices. He has written and edited numerous articles and created commercial spots for broadcasters that you can find in his LinkedIn. Jan currently lives in Los Angeles, California while writing for clients from around the United States.
