Whiplash is a common car accident injury to the soft tissues of the neck. Whiplash can cause temporary or long-term pain and disability. An insurance settlement for a whiplash injury could cover medical expenses, lost wages, disability costs and more. Although every case is different, the nature of a whiplash injury leads to similar settlement amounts for many claimants. Find out what your whiplash settlement in San Antonio could be worth with help from an attorney.
What Is Whiplash?
Whiplash is a neck injury that occurs due to a rapid back-and-forth movement of the head or neck. The most common circumstances leading up to a whiplash injury include auto accidents, falls and sports impacts. Whiplash affects the ligaments, tendons, muscles and soft tissues of the neck. You may suffer muscle tears, strains or sprains with a whiplash injury. The symptoms of whiplash could last days, weeks or even months while you recover.
Before you can receive a settlement for whiplash, you need medical evidence to serve as proof of the injury. Go to the hospital right away for an official injury diagnosis. A doctor may use a physical exam or x-rays to diagnose the neck injury. Since whiplash is a soft-tissue injury, however, it may not come up on imaging scans. This could make it more difficult to prove your injury to an insurance company. Prompt medical care and an official diagnosis from a physician can help you prove the existence and extent of your injury.
Average Whiplash Settlement in Texas
No average whiplash settlement amount exists. The compensation you could get for a whiplash injury depends on your unique case. That being said, many whiplash victims in San Antonio, Texas receive $10,000 or less for their injuries in general. Minor whiplash injuries more often receive around $5,000. Yet some claimants can obtain more than this for long-term disabilities or chronic pain associated with a serious whiplash injury. You could receive a financial award to cover several different damages related to your whiplash injury.
- Medical costs, including whiplash treatments, medications and medical devices such as a neck brace.
- Physical pain, such as throbbing, soreness, tingling or sharp pains.
- Disability expenses, including lost wages, lost earning capacity, lost range of motion and lost quality of life.
- Emotional distress, mental anguish or psychological trauma.
- Property damage repairs, if the accident damaged your vehicle.
- Legal fees, including the costs of hiring an attorney or taking your case to court.
You may receive payment for whiplash-related injuries alone or as part of a larger award to cover other injuries, such as traumatic brain damage or broken bones. An attorney can review your case and help you assess which damage categories apply. Then, your lawyer can calculate the reasonable value of your whiplash injury claim, so you know how much compensation to demand from the at-fault party’s insurer.
Negotiating a Fair Whiplash Injury Settlement in Texas
Unfortunately, an insurance company may try to downplay your whiplash injury or even deny a valid claim altogether. This is especially common since whiplash injuries are difficult to prove. Strengthen your claim to a settlement by going to a hospital right away after an accident for injury diagnosis. Keep copies of your medical records and recommended treatment plans to show to an insurance company. Then, hire a lawyer to help you combat insurance bad faith practices.
A San Antonio car accident attorney will know how to optimize your odds of receiving fair recovery. A lawyer can investigate your accident, help you gather evidence and collect proof of your neck injury. Then, a lawyer can take over the insurance claims process on your behalf, including conversations with claims adjusters, to fight for the best possible settlement award. Your lawyer will know how to negotiate with an insurance company for fair and full compensation tailored to your unique losses. If you wish to maximize your settlement award for whiplash in San Antonio, hire a lawyer to assist you with the claims process.