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Exactly how much you may receive from a whiplash injury, varies greatly. The settlement depends on the severity and extent of your injury. Also, the location and severity of the injury to your spinal cord. Some cases of whiplash, of course, are relatively minor but an injury to any part of the spinal cord can have unexpected and devastating effects on your overall health, future, and well-being.
Most mild to moderate whiplash cases in California will be valued between $5,000 and $25,000. Even slightly more serious cases involving treatment (typically physical therapy, surgery, etc.) over several months, may have compensation upwards of $30,000 – $100,000.
More serious neck and back injuries can be catastrophic and affect your health, livelihood, income, and may require treatment for the remainder of your life. In these cases, settlement values can go into millions of dollars.
In most whiplash cases in California, there is a $250,000 cap for certain “non-economic” medical malpractice damages. This “cap” directly affects the amount you can receive for “pain & suffering”. This is a specific area that your Fresno spinal injury attorney will be vital in addressing. Your lawyer will professionally plan a strategy on your specific case to get you the compensation you need to address all financial, psychological, and physical losses you have and will incur.
If you’ve had a whiplash injury after a car accident in California, and the insurance company is making you a lowball offer, don’t settle for less than you, or your family will need! Consult with a whiplash lawyer in Fresno to get your due compensation. Overall, the simple answer is that it’s almost always in your best interest that you sue after getting whiplash from an accident. You’re allowed to seek out compensation for damages, especially if you weren’t at fault.
What exactly is Whiplash, and What Can I Expect with a Whiplash Case?
A Whiplash injury occurs when your head and spine are moved back and forth with great speed and physical force. Usually, the most common reason for this is another vehicle (or object) hitting your vehicle from behind, either while you are not moving or moving at a much slower speed than the vehicle that hit you.
When two objects meet, weighing thousands of pounds each, the physics involved can be devastating to your body. You may instantly go from zero velocity to 50 or more MPH. This causes enormous strain on your head, neck, and spine.
This type of injury may range from minor aches and pains to major damage to your neck, the nerves emanating from the spine, or the spine itself. The injury may be felt immediately, or the pain and soreness may be noticed days or weeks after the accident.
The soft tissue of the neck may be affected, which just may cause redness, aches, and pains. If your injury is more severe, and major inflammation occurs, mild to lasting spine damage and even brain injury (such as TBI) can occur.
This type of injury is very serious, and you should immediately seek medical attention. You may lose days at work, income, mobility, quality of life, or have a severe life-altering experience.
The treatment, both immediate and long-lasting, loss of wages, loss of quality of life, “pain & suffering”, and more can add up to millions of dollars and change your life. Make sure you and your family’s rights are protected by discussing all the details with your Fresno personal injury lawyer before you speak to any insurance company.
How Do I Know I Am Getting a Fair Settlement in a Whiplash Case?
With a whiplash Injury, expenses may mount up very rapidly. Paramedics should look you over, and usually recommend you go to the hospital. A doctor who is familiar with this type of injury should examine you immediately. Many times, these injuries are difficult to diagnose, and symptoms could appear days, or weeks, later. Both the severity, and long-term care needed, and possible lifelong health changes will help determine the compensation you should honestly receive.
Calculating the average whiplash settlement takes numerous factors into account, and it can be a long process before you get the financial compensation you deserve.
An experienced, professional personal injury lawyer, familiar with whiplash and spinal cord injury cases, will be able to accurately determine what funds are or may be needed for your future recovery. Your case may be based on precedent cases, your future prognosis by medical professionals, and many other factors.
The point is, that you may fully recover, but you need the proper treatment, funds, and guidance to do so. If you are more seriously hurt, your lawyer may need to get you compensation to help you, and your family, for the rest of your life.
What Are Some Items That Will be Considered in Determining my Compensation?
This list could be extensive and is dependent on the details of your specific case, but some examples are:
Out of Pocket Expenses – Immediate expenses that you may have to pay. When your health is concerned, time is a factor, and you can be compensated for most (or all) of the money you need to spend initially.
Missed Workdays: If you missed days at work, you may be compensated for the amount you would have earned. If some form of disability occurs from the accident, you may have a disability claim that can be filed for loss of earning ability, possibly for the rest of your life.
Medical Expenses: We all know that any hospital visit, physical therapy, and any medical treatment can result in major costs to you and your family. Whether you have health insurance or not, many of these expenses could have high co-pays, or not be covered at all. You and your family’s future may be dependent on your settlement.
If you require lifelong treatment, physical therapy, etc., the costs will go on for years and you must be provided with the funds needed to continue these treatments, as well as continue to provide income for you and your family to adequately live on. Your Fresno spinal injury lawyer will work to make sure you do!
I Have Been Diagnosed with a Whiplash Injury, What Should I Do First?
Just note, that whiplash and spinal cord injuries due to accidents can be life-changing for you and your family. The Fresno law firm of Tomassian, Pimental & Shapazian has over 75 combined years of experience successfully representing injured clients. Consult with them as soon as possible and secure the compensation you require for your health and the future of your family.