Published in Personal Injury on December 14, 2021.
Whiplash is one of the most common injuries sustained in a car accident. In fact, more than 800,000 vehicle crashes result in neck injuries in the United States annually.
While most everyone is familiar with whiplash in a general sense, what fewer people know is that whiplash can actually cause long-term damage.
That being the case, it is important to grasp the full impact of your injuries before asking, “What is the average settlement payout for whiplash injuries?”
Those suffering whiplash after a car accident can bring a personal injury claim against the responsible party and seek financial compensation for their injuries.
Many of these claims end in a settlement agreement between the accident victim and the insurance company.
However, before an insurance company will consider issuing whiplash injury compensation, the accident victim must prove that the other party was legally responsible for the crash.
In Indiana, this requires an accident victim to show that the other party violated a duty of care owed to the accident victim.
Additionally, the accident victim must prove that the at-fault party’s negligence was the cause of their injuries and that they suffered legally recognizable damages as a result.
What Is the Average Settlement for Whiplash Claims?
Whiplash claims vary significantly. An insurance company will look into the accident and the victim’s injuries before determining the amount of whiplash injury compensation they will offer.
Typically, insurance companies consider the following:
- The evidence suggesting the insured party was at fault for causing the accident,
- Any evidence suggesting the accident victim shared responsibility for the accident,
- The extent of the accident victim’s physical injuries, and
- The extent of the accident victim’s emotional injuries.
However, insurance companies don’t hand out fair settlement offers willy-nilly. Instead, The assistance of an Indiana car accident lawyer is critical to the success of a whiplash claim for several reasons.
First, an attorney can evaluate an accident victim’s claim and gather all the necessary evidence to prove their claim.
Second, personal injury lawyers regularly negotiate with insurance companies on accident victims’ behalf.
Finally, if the insurance company is unwilling to offer fair whiplash injury compensation, an attorney can file a legal claim in court. If successful, the court will compel the insurance company to pay fair compensation.
Have You Been Injured in an Indiana Car Accident?
If you or a loved one recently suffered whiplash injuries in a car accident, reach out to Eskew Law, LLC, for immediate assistance.
Our Indiana whiplash attorneys have extensive experience advocating on behalf of accident victims. We also have a successful track record of obtaining full and fair compensation for accident victims.
Our lawyers recognize that every whiplash claim is different, and they take the time to provide you with individualized attention to ensure you obtain the best result possible.