Accidents involving whiplash can leave victims and their families with significant medical expenses, as well as other financial obstacles that lower their quality of life for years. Whiplash accident victims are at risk of becoming temporarily or permanently disabled, causing them to miss work, or even worse, unable to return to work. To claim damages for your whiplash injury and understand what your case is worth contact Maison Law today for a free consultation and case evaluation.
Average Payout for Whiplash in California
While there is no typical settlement amount for car accident claims, there are three settlement amounts accident victims can expect after winning their claim. These settlements include:
- Low settlement: low settlements usually consist of minor accidents with little to no injuries. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages.
- Moderate settlements: moderate settlements apply to accidents with moderate injuries such as whiplash, fractures, and bruises. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery.
- High settlements: high settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident.
Calculating Pain and Suffering for Whiplash in California
Pain and suffering in a personal injury lawsuit is considered a non-economic damage. This means there is no specific dollar amount assigned to it because it is not a tangible thing such as physical therapy, surgery, or medication. Physical items such as these have fixed costs and are considered economic damages.
For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. However, it is important to note that as of January 2024, with the passing of Assembly Bill 35, non-economic damages have been capped at $390,000 in non-death cases and $550,000 in wrongful death cases.
Pain and suffering can be proven with the following evidence:
- Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
- Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
- Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
- Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.
What is a Whiplash Injury?
Contrary to popular belief, whiplash is not just pain in the neck. Whiplash occurs when the neck ligaments are stretched due to a sudden, powerful force, resulting in a stiff and painful sensation in the neck. These types of forces are typically found in car accidents. Other symptoms of whiplash include:
- Pain in the neck, shoulders, and upper back
- Limited range of movement of the head and neck
- Swelling in the neck and upper shoulders
- Muscle spasms in the affected areas
The severity of the whiplash can depend on the speed at which the other car was traveling before the impact. A car accident attorney can help you determine the severity of your injuries and the value of your accident claim if you decide to pursue legal action.
Contact a Whiplash Injury Lawyer in California
If you or a loved one has suffered injuries from a whiplash accident, the personal injury attorneys at Maison Law will get you the compensation you need. We’ve worked with whiplash victims and understand the devastating impact this injury can have on a person’s life. Our firm will aggressively pursue every legal avenue to recover the full extent of your damages. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.
