Whiplash Injury Facts: Settlements & Long-Term Effects
If you’ve suffered a serious whiplash injury in a motor vehicle accident, then you could be entitled to sue and recover damages as compensation. You may be wondering whether it’s even worth pursuing compensation for a whiplash injury — this confusion is often borne out of a misunderstanding of certain whiplash injury facts. Though whiplash injuries are often perceived as “minor,” they have the potential to be quite serious. Whiplash injury facts indicate that these sorts of injuries have life-altering impacts in some cases.
To learn more, read on. We’ll take a look at some of the basics.
What are the statistics for whiplash injuries?
Whiplash injuries are incredibly common, and whiplash injury facts data support that. Every year, more than three million Americans suffer whiplash injuries, typically in rear-end crash incidents. Many whiplash injuries occur at relatively low speeds, such as five to 10 mph. These incidents are not always minor in effect — according to the data, roughly 300,000 Americans become disabled due to their whiplash injuries. Common symptoms of whiplash include neck pain, headaches, dizziness, and even psychological effects like anxiety and depression. Perhaps most surprising of all is the fact that many of the collisions that result in whiplash injury are low-speed (i.e., less than 12 miles per hour).
So don’t make assumptions about your case — real whiplash injury facts make it clear that your injuries may be severe enough to move forward with litigation. Consult an attorney about the possibility of a lawsuit, because whiplash injuries are quite serious and deserve proper legal consideration and evaluation by a professional.
How does whiplash and chronic pain affect your life?
Whiplash can affect your life in a number of ways. Perhaps most importantly, however, it’s worth understanding that a whiplash injury is not always a temporary, short-term issue. In many cases, whiplash injuries can last a lifetime and may even worsen over time. Thus, the symptoms you experience in the aftermath of an accident could develop and exacerbate into something far more pervasive and life-changing. Chronic pain is a potential long-term effect of whiplash, often lingering for months to years without a clear medical explanation.
First, what is a whiplash injury?
In simple terms, whiplash involves injury/trauma to your neck due to forcible bending (forward/backward/left/right). It can affect much of the musculature, tendons, nerves, and disks in the upper spinal column. Thus, despite the fact that it can seem like a “minor” injury at first glance, the impact may be outsized.
Whiplash symptoms may include:
- Neck pain, shoulder, and back pain
- Neck, shoulder, and back stiffness
- Dizziness
- Pain and numbness in extremities
- Irritability
- Sleeplessness
- Fatigue
- Spinal mobility issues (i.e., head-turning issues)
- And more
Treatment for these symptoms can vary based on the severity of the symptoms (as well as your own body’s reaction to certain treatments) — treatments range from the use of ice and gentle massage to the use of muscle relaxant drugs and long-term physical therapy.
How long should I be off work for whiplash?
You should take however much time you need to recover fully from the injuries. Early range of motion exercises are crucial in the recovery process, as they can lead to a more reliable and rapid improvement in symptoms. Whatever time you take off from work (due to your whiplash injuries) can be claimed as wage loss, so there’s really no issue if you have to take a significant amount of time off work to properly recover from your whiplash injuries.
Damages in a Whiplash Injury Lawsuit
Damages reflect the losses that you sustained as a result of whiplash injuries (caused by the defendant). Serious whiplash injuries can lead to chronic whiplash issues and potential complications such as nerve damage, fractures, and ongoing pain. Claimable losses vary substantially from case-to-case, but include:
- Lost wages
- Loss of earning capacity
- Medical expenses (i.e., medical bills for medical treatment)
- Loss of property
- Loss of companionship
- Loss of enjoyment of life
- Pain and suffering
- And more
Damages in each case will be different due to the particularities of the injuries and their impact on the lifestyle and costs of the victim.
For example, in one case, a whiplash injury victim may not have any lost wages whatsoever due to the fact that they are unemployed. By contrast, in another case, a whiplash injury victim may be a hardworking and well-paid welder for a construction company, and his wage loss may be substantial due to the fact that he has to take several months off from work to recover.
Given the nature of damages and their variance, it’s critical that you work with experienced whiplash injury attorneys who understand how to “build up” a case and secure the maximum possible compensation.
Why are settlements for whiplash injuries from motor vehicle accidents so common?
Settlements are indeed common — not just in whiplash injury disputes, but in all manner of personal injury disputes. In fact, industry observers estimate that as much as 95 percent of cases are resolved through a negotiated settlement. That’s a supermajority of cases! But why is settlement so common?
To get whiplash diagnosed, a doctor will examine the patient, feel the neck, assess neck movement, and possibly order a neck x-ray to rule out bone damage, as whiplash is caused by injury to soft tissue and may not be visible on an x-ray.
Simply put, litigation tends to be:
- Public
- Resource-intensive
- Exhausting/distracting
- Uncertain
- And more
Consider the uncertainty of litigation. Regardless of how confident a given party is about their legal arguments, there’s always a chance that they do not “win” their case should it proceed to trial — or that the court awards damages that are not in tune with expectations. This uncertainty pervades litigation and is inherent to all disputes.
To avoid the uncertainty of litigation, parties often prefer to simply negotiate the amount that feels “fair” to them at the outset. This also keeps costs down, as they can quickly spiral out of control for the defendant.
Now, consider the publicity of litigation. Suppose that you suffer severe whiplash injuries after a motor vehicle collision on a local road in which you’re rear-ended by one of the defendant’s commercial truck drivers. The defendant operates a large delivery business in the region, and their reputation could be damaged considerably if the lawsuit were to proceed and the media were to begin reporting on it. To avoid any negative publicity that could impact their business, the defendant may be willing to settle early and make you a favorable settlement offer.
Given these and other aspects, it’s quite obvious why settlement tends to be so common.
How do I know what constitutes a fair settlement for my whiplash injury?
What constitutes a “fair” settlement is ultimately based on the circumstances of your whiplash injury dispute. That being said, when evaluating a settlement offer, you should consider the likelihood that you will succeed should the case proceed to trial — whatever you’re likely to receive as compensation (should the case proceed to trial) is roughly the amount that would qualify as “fair.” That, of course, must also account for the risk of loss.
In the past, the use of a cervical collar was common as an initial treatment for whiplash to reduce the range of motion of the neck and prevent additional injuries.
For example, if you have a 70 percent chance of securing $100,000 should the case proceed to trial, then $70,000 would be a fair settlement.
That being said, many factors can influence the settlement offers that you’re likely to receive (and that you should be willing to accept). These factors can influence settlements because they make it more or less likely that you’ll “win” at trial, or they can influence settlements because they indicate hostility or unwillingness on the part of the defendant to move forward in an amicable way.
Factors that can affect a settlement offer include:
- The hostility of the defendant and their willingness to settle
- Whether the defendant’s reputation or brand will be negatively impacted by a public lawsuit
- The strength of the evidence in support of your liability claim
- The strength of the evidence in support of your damages claim
- How sympathetic and relatable you are as a whiplash injury plaintiff
- How impressive and legitimate your expert witnesses are
- And more
I’d like to work with an attorney, but I’m worried about the cost. How much will I need to hire an attorney?
Many people mistakenly believe that hiring an attorney (to help them bring a lawsuit) will be too expensive to afford — and that they’re simply not wealthy enough to explore the possibility of litigation. In truth, however, most plaintiffs’-side personal injury lawyers work on a contingency fee basis.
What are contingency fees?
When attorneys work on contingency, they represent you over the course of the litigation — from start to finish — without you having to pay anything upfront or out-of-pocket. Instead, they’ll take a percentage cut of whatever compensation they’re able to secure on your behalf, whether through a negotiated settlement or a trial award or some other means. This percentage cut can vary but tends to fall within a limited range (25 percent to 45 percent of the compensation total).
Because contingency fees operate as a percentage cut, you don’t pay unless you “win” (i.e., you get paid compensation). If you don’t win, you don’t have to pay anything to the attorney who represented you.
Contingency fee arrangements are beneficial in a number of different ways. First, they lower the barrier-to-entry for obtaining professional legal representation — as you can work with an attorney without any funds at all. Secondly, they align the incentives between the attorney and the client. Under a contingency fee arrangement, your attorney is incentivized to effectively and efficiently secure the maximum possible compensation. After all, they don’t get paid unless they can obtain compensation on your behalf — and the more they secure, the more they get paid.
It’s a win-win.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve suffered a whiplash injury in a car accident or truck accident that was not your fault, then you could be entitled to sue for damages. That being said, navigating the legal process isn’t always straightforward — unique challenges and opportunities may require that you respond appropriately. That’s where an experienced whiplash injury attorney comes in.
Contact 1-800-THE-LAW2 for a free legal consultation with a skilled car accident lawyer in our network. During this initial consultation, you’ll have the opportunity to discuss the details of your case and learn more about your strategic options. If you decide that you’d rather not move forward with your case (or with the attorney), that’s okay too — there’s no obligation to continue. So there’s really no downside to picking up the phone and calling in today for your free consultation!
We look forward to assisting you.
