Whiplash

Talis Merle Abolins

When an attorney negotiates an amount of damages with the insurance company, the starting point is the hard dollar costs of treatment and medical care. In most cases, it is not difficult to demonstrate that the actual cost of care was caused by the accident. On top of these hard dollars, the injured party also seeks to recover for pain and suffering -- this amount is often difficult to quantify. However, some in the industry argue that pain and suffering from the typical soft tissue injury (such as common whiplash) is usually worth three times the actual medical costs. This is an oversimplification. Each individual and each injury is unique. Your case must be carefully evaluated on its specific facts. In some cases, the pain from an injury may greatly exceed this formula.

Shannon Claire Lamb

There is no average amount you should expect in a settlement. Furthermore, if you have objective evidence of a back injury (i.e. x-rays, MRI, CT Scan) the value of the settlement will likely be substantially greater than if you have sustained a subjective whiplash injury.

In either instance, documentation is key. If you can show that you have experienced pain and suffering by reference to medical records and/or a journal documenting your pain, you will be in a better position to negotiate a higher settlement.

Michael David Myers

I disagree that "whiplash" injuries are subjective in nature. A good witness (whether it be a doctor, chiropractor or other health care provider) can specifically identify objective factors associated with a cervical sprain or strain (that involves the tearing and other injury to connective tissue). All that being said...you can expect to recover significantly more money (net in your pocket) if you're represented than if you try to handle the claim yourself.