Whiplash injuries can pay big. While you may have enjoyed the movie “Whiplash,” there is nothing enjoyable about whiplash injuries. Whiplash injuries occur when the head suddenly moves backward and then forward with great force.
Severity and Compensation
Injuries from whiplash can be severe, and if the other driver was at fault, your injury claim with the automobile insurance company can potentially pay big. Even if your injuries are mild, you are typically looking at a car accident injury settlement that pays at least $5,000 in most cases if you received at least some medical treatment.
Delayed Symptoms
In whiplash injury cases, the neck injury may not even be clear to the victim right after the accident. It may not be until the next day or two that the full extent of the neck injury is clear to you.
Proving Negligence
To secure a car accident injury settlement for your whiplash injury, it’s necessary to prove the other driver was negligent or reckless, meaning they were at least careless in some way. Examples include texting and driving, speeding, drinking and driving, or being inattentive.
Property Damage Considerations
Insurance companies will consider the amount of property damage to the vehicles involved when valuing the injury case. If the vehicles have little to no property damage, the insurance company is likely to offer less money. However, if the vehicles have significant property damage, the insurance company is likely to offer more.
Importance of Medical Evidence
Getting an MRI on your neck is crucial in a whiplash case. The MRI results can significantly affect the value of your claim:
- Soft Tissue Injury: These are the lowest-valued whiplash injuries.
- Bulging Disc: Higher valued than soft tissue injuries.
- Herniated Disc: Even higher valued than bulging disc claims.
Bulging Disc vs. Herniated Disc
- Bulging Disc: Similar to letting air out of a car tire; the disc in the spine of your neck sags and bulges outward.
- Herniated Disc: The outer covering of the disc has a hole or tear, causing fluid to leak into the spine, also known as a ruptured disc or disc protrusion.
Treatment and Case Value
The amount of treatment you receive for your whiplash injury significantly impacts the value of your case. The most valuable whiplash cases involve neck surgery, which can sometimes be worth millions if there is enough insurance to cover your damages.
Real Case Example
I recently represented a gentleman with a whiplash injury from a car accident. He did not get treatment right away and had pre-existing neck issues. Months after the accident, he contacted me. Over a year later, he had neck surgery, and I sent a written demand to the insurance companies involved, demanding they pay the policy limits. Eventually, all insurance companies paid their policy limits, resulting in a significant settlement for my client.
Pre-existing Conditions
People with pre-existing neck problems who suffer a whiplash injury are more prone to significant injuries and may need surgery more often than those without pre-existing conditions.
Policy Limits Demand
In whiplash cases, especially those involving a bulging disc, it’s crucial to send a written demand for the policy limits to the insurance company. The insurance company will either pay the policy limits, deny liability, make you an offer, or offer the policy limits.
Underinsured Motorist Coverage
If you are offered the policy limits, it’s crucial to preserve your claim for underinsured motorist coverage if you have this type of coverage on your automobile policy. This coverage pays for your damages if the at-fault driver does not have enough insurance. The steps to preserve your underinsured motorist coverage claim in Kentucky are complicated, so consult an injury lawyer.
Hit and Run or Uninsured Driver
If you suffer a whiplash injury due to a hit and run or an uninsured driver, you can still pursue your claim for injuries against the uninsured motorist coverage on your automobile insurance policy if you have this type of insurance coverage.
Conclusion
At the end of the day, your claim is usually only worth the amount of insurance applicable to your claim. To learn more about the ins and outs of personal injury cases, please watch more of my videos. If you are injured in Kentucky, remember, don’t wait—call Tate for your free consultation to see if I can represent you in your case.
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