Last Updated: April 30th, 2022 at 1:01 am
Read Time: 6 Minutes
The average settlement for whiplash varies greatly depending on the circumstances of your case, which is why it is crucial to have an experienced whiplash lawyer in Florida represent you. Factors that go into determining your settlement include how badly you were injured, whether or not you sustained permanent or lasting injuries, how your quality of life has and will be affected, and much more.
Settlements can be quite a bit of money, sometimes reaching six-figure sums. Still, the ability to win a case in court or legal negotiation comes down to how quickly you take action. Do not wait to hire a whiplash attorney. Each day that you go without filing a claim may damage your case in court.
An experienced personal injury firm such as Weinstein Legal is equipped to fight for the settlement you deserve from the moment you contact us. We will not stop until you are fairly compensated for your injuries.
What Is Whiplash?
Whiplash is a common injury sustained in motor vehicle accidents, mainly when another driver rear-ends you. When your head is quickly pushed forward and pulled back, such as by sudden impact, your neck can be severely damaged.
Whiplash may have subtle symptoms at first that you might attribute to the general bumps and bruises of an accident. Still, it is a serious condition, which is why you should always seek medical care immediately following a car crash.
Signs and symptoms of whiplash include:
- Neck pain that worsens with movement
- Stiffness in the neck, or the inability to move it in certain directions
- Pain in your shoulders, back, or arms
- Tingling or numbness in the arms
- Blurry vision
- Excessive fatigue
- Problems with memory
- Difficulty concentrating
- And more
What makes whiplash such a serious diagnosis is that your neck is made up of a series of vertebrae. It is part of your spine and is connected to your entire central nervous system. When you incur damage to such an essential part of your body, there is the possibility of conditions such as brain damage, problems with fine motor skills, and more.
Many of these long-lasting health conditions may not be apparent for some time, which is what makes seeking both medical care and the help of a whiplash attorney immediately so critical.
What Factors Determine the Average Whiplash Settlement?
Many factors contribute to the average settlement for whiplash injury, which is why it is so essential that you hire a personal injury attorney who is well versed in the field. So many nuances play into your case that a whiplash attorney will know to account for when putting together a claim.
Factors that will affect the settlement payout for a whiplash injury include the severity of your injury, and whether or not it will cause chronic medical problems. The more severe the injury, the higher the average settlement will pay. For example, if your whiplash injury has caused damage that will require medical treatment for years to come, your payout will be larger than if you only need care for a short time.
Other factors include the total amount of your medical bills, the number of lost wages and future lost wages due to the injury, the amount of damage incurred to your personal property, the degree to which the injury interrupts your day-to-day activities, and the emotional trauma endured from the accident.
If you require mental health treatment, such as therapy or psychiatric care following the accident, keep receipts and documentation of this information. It will be calculated into any claim regarding pain and suffering.
How Is a Whiplash Injury Claim Settlement Calculated?
After speaking with a whiplash attorney and reviewing all costs associated with the accident, they will put together a proposal based on prior cases similar to yours. For this reason, it is vital to hire an attorney who specializes in the field. They may know what a particular insurance adjuster or opposing lawyer is likely to settle on and will advise you on what to expect.
If you want to get an idea of what you may be entitled to, use Weinstein Legal’s free online personal injury compensation calculator and then call for a free case evaluation.
Weinstein Legal has successfully fought many whiplash injury cases, some of which have reached six figures. As the average whiplash settlement in Florida is between $10,000 and $20,000, this says quite a bit. The whiplash attorneys at Weinstein Legal will not settle for the first amount you are offered. We know how to compile all of the evidence that will help substantiate your case.
Accepting a Settlement vs. Suing in Court
You may be offered a settlement by the defendant’s lawyer, which allows you to avoid going to court. There are several things that you should know about this process before deciding which route to take. First, should you accept a settlement, you forgo your right to sue the opposing party for any further damages in the future.
Second, should your case go to court, you stand a chance at losing your claim entirely. If a jury does not rule in your favor, you could walk away with nothing, instead of accepting a settlement.
The majority of personal injury cases are settled outside of a courtroom. However, be aware that it is important not to accept an early offer in your whiplash injury case. You will likely be offered an amount that is less than the average settlement for your type of case. Your whiplash attorney will know this and most likely advise you not to accept the offer.
While it may be tempting to take the first amount you are offered, it is a good idea to have your attorney continue negotiating with the opposing side. Often, negotiations result in a higher average whiplash settlement.
How Long Does It Take to Receive a Whiplash Settlement?
Many people want to know how long it will take to expect their settlement from a whiplash injury case. Unfortunately, there is no easy answer to this question. Settlements can take anywhere from a few weeks to several years. For this reason, you must hire a whiplash injury attorney in Florida who will aggressively fight for your case, to yield the best results as soon as possible.
Seeking Legal Representation
Remember, you must hire a whiplash attorney as soon as possible. Every day that you wait to hire legal representation is a day lost that could be spent working on your case to gain the compensation you deserve. The sooner you file a personal injury claim, the better your case will fare. Filing as soon as possible shows the opposing lawyer, as well as the courts, that your injury is substantial enough to recognize the compensation to which you are entitled.
Another essential factor to consider is that Florida has a 14-day rule which applies to automobile accident benefits. What this means is that an injured party in an automobile accident must seek medical treatment within 14 days of an accident to receive Personal Injury Protection (PIP) benefits. If you do not, you will not receive the PIP benefits under your insurance. Furthermore, if you do not report your accident and injuries or seek medical treatment within that time, it may be challenging to prove your case or to show that your whiplash injury is the result of the accident.
If you or a loved one has been injured as the result of another person or organization’s negligence, and you have suffered a whiplash injury, contact Weinstein Legal today. We have aggressive personal injury lawyers who are standing by, ready to fight your case. Do not miss out on your opportunity to receive a settlement.