What is the Average Payout for Whiplash in California?

The average payout for whiplash in California can vary widely, from four-figure payout to high, seven-figure settlements. The amount you could receive will depend on the severity of the injury. Since whiplash injuries range from minor to permanently debilitating, it is imperative to consult with an expert car accident attorney to fully understand the value of your case.

Common Types of Whiplash Injuries in California

With the broad spectrum of whiplash injuries suffered in California car accidents, doctors have two ways to determine the severity of whiplash injuries. One is known as the Quebec Task Force on Whiplash-Associated Disorders (QTF-WAD), and the other process is the Croft Grading System. These systems use whiplash symptoms from accident victims and assign a grade. The grades for whiplash injuries go as follows:

• Grade I: minimal neck or back pain. Treatment may only require mild pain medication and rest. 
• Grade II: Slight pain accompanied by a limited range of motion. 
• Grade III: Moderate pain with a limited range of motion. Ligament damage and possible neurological symptoms. 
• Grade IV: Moderate to severe pain with limited range of motion, neurological symptoms, damaged ligaments, and a fractured disc. 
• Grade V: Constant severe pain where neck surgery is required for stability.

Treatment for each grade will vary by each injured victim, however, the higher the grade the more treatment is typically required.

Factors that Could Decrease Your Payout for a Whiplash Claim

While the severity of your whiplash will play a vital role in determining your settlement amount, there other factors that can decrease the value of your claim. One major factor to consider is available insurance coverage. While some injured victims may think they have a multi-million dollar case, settlements can only be worth what the liable party’s insurance can cover. Other factors that may be harmful to your settlement include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.” 
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

Insurance companies will be looking at each of these factors to decrease your settlement. In fact, many insurance adjusters are experts at finding ways to reduce the amount of damages you can claim. So, It is important to work with an experienced car accident attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

How Can an Attorney Increase the Average Payout for Whiplash?

Before you decide whether or not to settle your personal injury case with the insurance company, you should understand how much your claim is worth. An accident attorney will be able to calculate your damages based on the severity of your injury, the amount of medical treatment needed, as well as the compensation available from the liable party’s insurance. It is important to note that settlements reached with an attorney tend to be higher than those without one. So, having legal representation can potentially increase your settlement.

If you partner with an attorney, they will send a demand letter to the insurance company, requesting compensation for your actual losses, which generally include:

• Medical bills
• Property damage
• Pharmaceuticals, wheelchairs, crutches, or whatever else is needed to help you live with your injury
• Lost wages

These losses will go toward your settlement amount, as well as non-economic damages such as:

• Pain and suffering caused by your injuries
• Stress and anxiety due to the nature of your accident
• Your mental state after a life-changing accident
• Loss of consortium (to be filed by your spouse or immediate family member due to loss of love or companionship)

In addition to non-economic losses, plaintiffs are eligible  to request more money for their non-economic damages if they:

• Had a long recovery period
• Required invasive medical treatment, or medical treatments that were ongoing
• Were particularly painful injuries
• Had obvious physical signs of the injury like scars, or loss of a limb
• Contained severe injuries that resulted in permanent physical alterations or disability

Contact a Whiplash Lawyer in California

If you or a loved one has suffered whiplash due to a car accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understands how to exercise every avenue of the law to aggressively pursue the liable party’s insurance for the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.