What exactly is Whiplash, and what can I expect in a Whiplash Case?
A whiplash injury occurs when the head is moved back and forth with great speed and force. Probably the most common reason for this is another vehicle 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 injury may range from minor aches and pains all the way to major damage to your neck, nerves emanating from the spine, or the spine itself. The injury may be felt immediately, or the pain and soreness may be noticed days after the accident.
The soft tissue of the neck may be affected, which just may cause redness, aches and pains. If more severe, major inflammation can occur, spine damage and even brain injury. This type of injury is serious, and you should immediately seek medical attention.
You may lose days at work, income, mobility, quality of life, or have a severe life changing experience. This can all cost you money, in conjunction with immediate medical help, and a local personal injury attorney should be contacted.
How do I know I am getting fair compensation with a Whiplash Injury?
With a Whiplash Injury, expenses may mount up very rapidly. Paramedics should look you over, and many times recommend you go to the hospital. A doctor who is familiar with this type of injury should examine you. As stated, many times these injuries are difficult to diagnose.
Both their severity, and long term treatment and possible outcome will help determine the compensation you should honestly receive. Most, or all of these expenses are covered in a Whiplash case settlement, and only a car accident lawyer will be able to determine what funds are, or may be needed for your future recovery.
Only an attorney with long term experience with this type of injury, and one that will strive to recover the compensation you deserve will be able to calculate the funds needed to fund your future recovery.
Some of these expenses cannot be immediately determined, by may include the following:
- Out of Pocket Expenses – Immediate expenses that you may have to pay. When your health is concerned, time here is a factor, and you can be compensated for most (or all) of the money you had 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 form of medical treatment results in major costs to you. Whether you have health insurance or not, many of these expenses could have high co-pays, or not be covered at all. Due to this, your future health and well being of you and your family, may be dependent on the compensation you are granted in the case.
If you need continued treatment, physical therapy, etc., these things may go on for years and you must be provided with the funds to continue these therapies, as well as continue to provide income for you and your family to adequately live on.
An accident attorney will be invaluable in putting all the facets of your case together for your lawsuit and explaining exactly to the judge, and/or court, how much is needed, and will be needed. You need funds to maintain your current and future treatments and to keep providing a decent income for you and your dependents.
What Is the Average Payout for Whiplash New York?
As you see from the information above, there are many factors that come into play here that determine what your unique whiplash case may payout to you.
According to only one source, the average payout for whiplash cases can range from $2500 to $30,000 or more. The amount you are to receive is determined by all of the factors involved.
- Did you have extraordinarily high Initial out of pocket expenses?
- Did you require hospitalization or a lengthy hospital stay?
- Can you go back to work and when?
- Did you suffer loss of income or will you have loss of future income?
- Are there mental issues or brain injury?
- Did your family suffer during this accident or during your hospitalization or recovery?
- How long will it take for you to fully recover, if at all?
This list can go on, but directly points out the need for an accident attorney that is versed in this area of the law, and who can formulate your case, document your case, and present your case to the judge or the court.
Pain and suffering is not limited to broken bones, etc. Yes, it will include the physical pain and suffering of the accident, but can also include:
- Depression, anxiety, memory loss, insomnia and other emotional disorders
- Physical limitations that may even lessen your interaction with your spouse and children
- Loss of consortium (supportive relationship) with your family
- Any other emotional or psychological disorder
Most victims of accidents, especially due to the negligence of others, suffer much more than the receipts put forth for their bills. It is a much harder task to determine the “pain and suffering” that the accident caused you, and your family.
Also it is harder to justify the amount asked for due to this “pain and suffering.” However, an attorney can help answer all the questions you java about your case, and can also work to get you the financial compensation you need to get on with your life.