How much your whiplash settlement is worth depends on what happened in your case. The total cost is different for each case because of the unique nature of the injury and the effect on the person injured.
What Can I Recover for My Whiplash Injury?
In any whiplash case, you will be entitled to:
- Medical expenses: These might include your initial medical exam, any medications you required, physical therapy, or even surgery if your case required it.
- Lost wages: If your whiplash kept you from returning to work for any amount of time, you can recover compensation for that time you spent out of work. You can also recover compensation for any time you needed to take off to attend doctor’s appointments or physical therapy sessions.
- Lost earning capacity: Severe or long-lasting whiplash can require sufferers to work less hours, take a lesser-paying job, or even retire. We can help you recover compensation for the wages you would have earned had your accident not occurred.
- Pain and suffering: Whiplash comes with many inconveniences and difficulties. Many people have trouble finding a comfortable position or sleeping at all, which can strain the injured person’s relationship with family and friends and lessen his quality of life. We will ensure your settlement accounts for any pain and suffering you endured.
What Might Affect My Whiplash Settlement?
Various factors might affect what you can recover for your whiplash injury. Some of these factors include:
The Severity of Your Injuries
If your injuries are more severe, long-lasting, require surgical intervention, or keep you out of work for an extended period of time, you will likely recover more than you would for a whiplash injury that lasted a month.
Whether You Had a Preexisting Injury
If you had an existing neck, shoulder, or back injury at the time of the accident, you will likely receive less compensation. The insurer will likely argue that the accident in question only exacerbated your existing injury rather than causing a new one.
Whether You Contributed to Your Injuries
If you contributed to your own whiplash injury or the accident that caused it, you might be unable to recover the total amount of compensation for your injury.
For example, say you suffered whiplash in a rear-end car accident. The driver who rear-ended you was texting and did not see you stop, but your brake lights were burnt out. The investigation found you 40 percent at-fault and the other driver 60 percent at-fault. You demanded $10,000 for your injuries. You would only be able to recover 60 percent of your demand (i.e., $6,000).
If You Do Not File in Time, You Get Nothing. Call Us Today
In Georgia, you have two years to file a claim for a whiplash injury. If you try to file after that, the court will not hear your case. You should file as soon as possible to make sure you meet the deadlines.Get a free evaluation of your case. Call the Law Offices of Jason R. Schultz, P.C. at 404-474-0804.