It is difficult to place a fixed amount on the average settlement for a whiplash injury from a car accident. If you qualify for compensation, the amount awarded will depend on the circumstances of the accident and the nature of your injuries.
A simple way to determine if you can claim compensation following an auto collision is to discuss your situation with our personal injury team. We can advise if you are eligible to pursue compensatory damages and how to optimize your claim.
How Compensation is Calculated for a Whiplash Injury
Mayo Clinic defines whiplash as an injury caused by a sudden back and forth jolt to the neck. Injuries of this type are not always immediately apparent, so it is essential to seek medical treatment if you notice unusual symptoms, such as pain, diminished range of motion, neck stiffness, dizziness, nausea, numbness in the arms, or fatigue.
Settlement values or trial verdicts for a whiplash injury can vary greatly, but they generally fall into the following categories:
Special Damages
Special damages (also called economic damages) cover past and future expenses, loss of earnings, and other financial losses related to your injury. Our lawyers will carefully examine the details of the case and calculate costs from the accident, such as:
- Hospital bills
- Current and ongoing rehabilitation costs
- Medical bills and prescriptions
- Travel expenses for medical appointments
- Adaptations needed at your home as part of your care needs
- Lost wages
The amount of damages you can expect also depends on whether you can continue with your work or if you need to make changes to your employment.
General Damages
This type of compensation, also known as non-economic damages, is more challenging to quantify, as it is different for each client and has no fixed dollar amount. It is awarded based on the pain and suffering you have experienced and the physical and emotional impact of the injury on your life.
You may also be able to receive other types of compensation, depending on your circumstances.
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I was Involved in a Car Accident: Do I Have a Case?
Many factors can affect whether you can claim compensation. Our car accident lawyer can provide clarity about your situation and assist you with recovering compensatory damages for medical bills, lost wages, damaged property, and other costs related to your injuries and losses that the collision caused.
It is important to consider the following factors that could help your case when pursuing compensation:
- Another driver caused the accident.
- You contacted the relevant authorities to report the accident, such as the police and first responders.
- You were injured and sought medical attention immediately or soon after symptoms became apparent.
- You followed the recommended course of treatment prescribed by your healthcare
- There was visible damage to your vehicle. While not absolutely necessary, it can help your case, especially if you could take photos of the damage.
- You are filing for a claim within a year of the accident, per CC Art. 3492, the Louisiana statute of limitations. If more than a year has passed since the date of your injury, you may not be able to pursue compensation. Still, we can review your case to confirm.
- You had liability insurance at the time of the accident. It is also helpful to carry uninsured motorist or underinsured motorist (UM/UIM) insurance as added protection in case of an auto collision.
If you are unsure about what to do or have any questions about claiming compensation after being involved in a car accident, seeking a free case evaluation with our legal team could be beneficial. We can help determine if you are eligible for compensation and address any concerns you may have.
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When Might You Need Help From a Lawyer?
While not every accident requires legal representation, it can be beneficial to seek it if the legal process is complicated. Examples could include:
- You suffered long-term or permanent injuries.
- The accident has impacted the way you live and your ability to work.
- The insurance company has delayed, underpaid, or denied your claim.
- Multiple parties were involved in the accident.
- The other party denies liability for the accident.
- You are unsure about how to negotiate with insurance companies.
- You want to focus on your recovery without the burden of managing a complex legal case.
To be awarded compensation, you will need to prove the other driver caused your whiplash injury. We can help you gather the evidence you need to prove liability from police reports, witness statements, CCTV footage, medical records, and other supporting documents to build a robust case.
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Get Answers About Your Compensation Claim Today
If you have any questions about claiming compensation for a whiplash injury caused by another motorist, reach out for a free case review with the responsive team at Laborde Earles Injury Lawyers. We fight to ensure you don’t settle for less than you deserve and provide our services on a contingency-fee basis. This means we request payment for our assistance only if and when we settle your case or win in court.
Call for a no-obligation consultation with our team at (337) 777-7777 today.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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