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Head injuries from a car accident or other incident can quickly become serious and require immediate medical attention. Your brain is the control system for your entire body, and you want to make sure nothing’s wrong with it. Even a small bump to the head can lead to serious complications. If you’ve been diagnosed with whiplash or a concussion after a car accident, you have the right to a financial settlement for the damages. The settlement value can vary depending on the severity of the injuries and the extent of your medical bills, and Shapiro Law Team is here to offer some insight. We’ll go over what whiplash and concussions are, the average settlement amount, factors that can impact that settlement, and what a legal team can do to help you get the compensation you deserve.
Any sudden force or impact on the neck or head can have serious repercussions and long-term complications. The brain is a delicate thing, and any jolt or bump can cause severe symptoms and side effects.
It’s important to note that not all symptoms of a concussion or whiplash appear immediately after the accident. Sometimes, symptoms can appear hours after the incident. If you have been in a serious car accident and bumped your head, regardless of your symptoms, it’s best to get medically checked out to make sure you get the treatment you need.
Whiplash occurs when a person comes to a sudden stop after traveling at high speed. This can happen from sudden braking or a collision, and the sudden force causes the passenger’s head to whip around. The sharp movement can torque the muscles in your neck and shoulders, making simple movements like turning your head to the side difficult.
Since whiplash affects the muscles and nerves in the head and neck, it can cause a variety of symptoms. You may have whiplash after an accident if you experience neck pain and stiffness, persistent headaches, and dizziness.
Concussions are mild traumatic brain injuries (TBI), and they require urgent medical attention. They are commonly caused by direct impact to the head or a sharp and sudden back-and-forth motion. There’s a slight gap between the brain and the skull, and a sudden impact or movement can cause the brain to jostle and bump against the side of the skull. This results in minor bruising to the brain, also known as a concussion.
Common symptoms of a concussion include intense headaches, dizziness, confusion, memory loss, and nausea. If you suspect you may have a concussion, seek immediate medical attention.
Unfortunately, there’s no black-and-white answer for how much money you can earn in a whiplash and concussion settlement. Every case is unique, and your attorney will take a look at yours and calculate a reasonable settlement amount to cover the damages.
The dollar value of your case can vary depending on a series of variables, including:
While there are a variety of factors that can impact the exact amount of compensation you can earn, we can offer a ballpark estimate range that you can expect your settlement to land within.
The average settlement for a whiplash and concussion case ranges from $10,000 to $200,000, depending on the severity of the injuries. Minor injuries will fall closer to the $10k range, while more severe injuries could put you closer to $200k.
Another factor that can impact this range is the type of injuries you have, meaning:
When negotiating a settlement amount, your primary point of contact will be the insurance adjuster for the other party. They will calculate your damages and offer a settlement amount that they believe is fair.
In addition to looking at medical bills and lost income, you may use a multiplier method to calculate your pain and suffering damages. This calculation typically multiplies your economic damages by a number between 1 and 5, depending on the extent of the suffering.
Unfortunately, insurance companies aren’t there to help you. They’re a business trying not to lose money, so they will try every trick in the book to minimize their payout and lowball your settlement. An attorney negotiates with insurance companies for a living, so they can help you counter these tricks.
Filing a claim after a serious injury is a complex process that requires patience and attention to detail. You don’t want to rush through the process, otherwise, you risk making a critical error that could cost you in compensation.
The basic steps for filing a thorough concussion and whiplash settlement include the following:
First and foremost, you need to seek medical attention as soon as possible. You may feel fine, but there could be hidden injuries that pop up later and cause serious complications. Once you get checked out, you can get a copy of your medical records that document your injuries from the accident. This will be a crucial piece of evidence as you build your case.
Along with a copy of your medical records, you’ll need to collect evidence of the incident. This can include police reports, photos of the scene, and witness statements. All of this will be used to strengthen your case.
Once you have all of your evidence, it’s time to file your claim. Your legal team will take all of your documentation and use it to build the case and send it to the other party to begin negotiations.
After both parties have time to gather their evidence and review the case, you’ll start negotiations. This step is where you and your attorney will start talking about settlement amounts. The timeline for this step varies depending on how cooperative each party is during the negotiations.
If the negotiations aren’t productive, or the other party keeps stalling or lowballing offers, it may be time to take the case to court. This step is long and costly, but it may get things moving and allow you to earn the compensation you deserve if settlement negotiations aren’t working.
If you don’t have experience navigating the legal system, trying to file a claim can feel like walking through a maze with no map. A personal injury lawyer can guide you through the process and make sure you get the settlement amount you deserve.
Negotiating settlements is their job, and they’ve got the skills to help you every step of the way. From the initial investigation to gathering evidence to prove liability, having a legal team on your side will make the overall process smoother.
Whiplash and concussions are serious injuries that require immediate medical treatment. In serious cases, they can cause long-term health problems that follow you for months or even years. Filing a claim after a concussion or whiplash injury can feel overwhelming at first, but working with a legal team can ensure you get the maximum settlement you deserve.
When you need legal experts in your corner, Shapiro Law Team is ready to help. Our team will fight for your rights after an accident and treat your case with the respect you deserve. You’re more than just another case to us, you’re a human being who deserves justice. Give us a call today to schedule a free consultation and see what we can do for you.