Rosenbaum Personal Injury Lawyers | November 21, 2024 | Car Accidents
A whiplash injury settlement for a car accident claim in New York could range from $10,000 or less to $100,000 or more. However, results in other cases do not guarantee that your case will be worth the same.
The value of car accident claims depends on many factors and circumstances unique to a case. However, experienced New York car accident lawyers can evaluate the factors in your case to estimate how much your case may be worth.
The amount you receive for damages in a whiplash injury claim depends on the specifics of your case. Factors to consider include, but are not limited to:
The Severity of the Whiplash Injury
Whiplash injuries range from mild to severe. Whiplash is a neck injury that occurs when an impact causes your head to move back and then snap forward forcefully. The back-and-forth motion or “whipping” of the head can damage the soft tissues of the neck.
A whiplash injury may injure the cervical muscles, spine, discs, nerves, joints, and ligaments. The most common cause of whiplash is car accidents, especially rear-end collisions. However, falls and other forceful impacts that cause the head to “whip” back and forth can cause whiplash.
Most people with whiplash recover in a few weeks with minimal medical treatment. However, whiplash can cause chronic pain and other complications that last several months or longer. The value of your damages typically increases as the severity of your neck injury increases.
Economic Damages for a Whiplash Injury
Economic damages are the financial losses and expenses you incur because of an injury.
A whiplash settlement should reflect the full cost of your losses, including:
- Medical bills
- Lost wages
- Out-of-pocket expenses
Medical treatments for whiplash range from over-the-counter pain medications and rest to physical therapy and surgery. The more extensive your injury, the more costly it is to treat the injury.
Furthermore, a severe whiplash injury may cause intense pain, limited range of motion, and other symptoms that prevent you from working or working full time. Therefore, your loss of income could increase the whiplash settlement amount.
Non-Economic Damages for a Whiplash Injury
The extent to which your whiplash injury impacts your daily life is a factor in the value of damages. Non-economic damages or “pain and suffering damages” include the mental anguish, physical discomfort, and emotional distress you experience after a whiplash injury. It also includes diminished quality of life and loss of enjoyment of life.
Therefore, the damages will be lower if your whiplash injury only interferes with your daily life for a week or two. However, the damages increase if an injury causes long-term changes in your life. Additionally, if you develop a permanent impairment, you can seek compensation for future pain and suffering.
Evidence Proving Liability
You must prove the other party’s negligent or intentional acts caused the whiplash injury. For example, you have traffic camera video of a car slamming into the rear of your vehicle at a red light or photos and witness testimony of loose flooring causing a fall at a shopping mall.
Proving liability for a whiplash injury requires you to establish:
- Duty – The party causing the injury owed you a duty of care
- Breach of Duty – The party’s actions breached the duty of care
- Causation – Your injuries were a direct and proximate result of the party’s actions
- Damages – You sustained damages because of the breach of duty
The stronger your evidence, the more willing an insurance company may be to pay a higher amount for settlement. It may not want to risk taking the case to trial and a jury awarding more money.
Availability of Insurance Coverage
Liability insurance pays an injured party for damages if the insured causes an injury, and the insurance policy covers the accident. However, an insurance company is only liable for damages up to the policy limits. Therefore, the policy might not cover your case’s total damages.
If not, or if the person does not have insurance coverage, you must file a personal injury lawsuit seeking judgment for damages. Winning a court case does not guarantee the at-fault party will pay the judgment. You may need to take additional legal action to recover payment.
Your Fault for Causing Your Injury
New York is a pure comparative negligence state. It does not bar injured parties from receiving damages because of comparative fault. However, your damages can be reduced if your actions contributed to the cause of your injuries.
For example, suppose a jury finds you are 50% to blame for causing the rear-end crash. In that case, the judge reduces the amount awarded for damages by one-half.
What Should I Do to Maximize a Whiplash Injury Settlement for a Car Accident Claim?
Other factors could impact how much your case is worth.
Steps to take after a whiplash injury include:
- Report the accident. For instance, if you are involved in a car crash, call 911. If your injury is caused by a fall, report the accident to the property owner or manager.
- Seek immediate medical attention for your injury. Do not brush off a neck injury. Symptoms may worsen in the days following the accident. Delays in medical treatment could hurt your case.
- Gather evidence at the accident scene to prove liability. Take photographs and make a video. Ask eyewitnesses for the contact details.
- Follow your doctor’s treatment plan. If your doctor says to stay home and rest, you should do that. If you push yourself through the pain to continue with your ordinary activities, the insurance company will allege that your injury is not as severe as you claim.
- Never admit fault for causing your injury. Stick to the facts when reporting the injury and avoid making assumptions about why an accident happened.
Taking these steps can help to protect your rights and increase your chance of receiving the maximum value for your whiplash claim.
A Car Accident Lawyer Can Help With Your Whiplash Injury Claim
Hiring a New York personal injury lawyer can also increase your chance of receiving a fair settlement for a whiplash injury. An attorney investigates the accident and gathers evidence to prove liability. They understand the damages and how much your case is worth.
If you have questions about a whiplash injury, contact an experienced car accident attorney for a free consultation.
Contact Our Car Accident Law Firm in New York City
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our New York car accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332