There is no average payout for whiplash injury in Texas. The settlement or award in each case depends heavily on its unique circumstances. The best way to understand how much your third-party liability claim or personal injury lawsuit might be worth is to discuss your case with a lawyer from D. Miller & Associates, PLLC.
We cannot give you an accurate value of your case until we conduct a full investigation and negotiate a settlement with the at-fault party’s insurance company. However, we can explain the factors that play a role in determining the value of your whiplash case and maximize the payout you receive.
For a free case evaluation, call our office at 713-850-8600 today.
What Damages Are Possible Through a Whiplash Claim or Lawsuit?
Filing a successful insurance claim or personal injury lawsuit against the negligent person who caused your injury will allow us to recover a range of damages on your behalf. While these vary from case to case, some of the most common damages available for a whiplash injury include:
- The cost of your doctor’s visit, diagnosis, and treatment;
- Any required pain management medications;
- Physical therapy and any related costs;
- Lost wages for missed work; and
- Pain and suffering
If your injury occurred in a rear-end accident , we may also be able to recover compensation for the repair or replacement of your vehicle, and money for a rental car while yours is in the shop. This also applies in truck accident and motorcycle accident cases.
We will collect the evidence necessary to prove your financial losses and expenses related to this accident, and put a value on your pain and suffering losses. This allows us to approach the insurance company with a demand letter that clearly outlines our estimate of the value of your case. The insurer will typically respond with a counter-offer, and from there we can aggressively negotiate a fair settlement on your behalf.
Why Are All Whiplash Payouts Different?
There is no one-size-fits-all payout for whiplash claims because every case is different. Whiplash affects people in dramatically different ways. Many people heal within a few weeks, after seeing their doctor only once or twice. They rely on over-the-counter pain relief and use heat and ice to ease inflammation and pain. They may miss a few days of work, but many can use paid time off or sick days.
More serious cases, however, do occur. Some people need physical therapy to recover their full range of motion. They may also require prescription painkillers and muscle relaxers to lessen the pain. It could take months for their whiplash injury to heal, and they may miss significant time at work.
Occasionally, whiplash develops into a chronic pain condition with symptoms like:
- Pain in the neck and shoulders;
- Headaches; and
- A limited range of motion in the upper spine.
Even with physical therapy, victims continue to experience debilitating pain. Some people require ongoing prescription pain relief and may be unable to work because of the pain or the side effects of their medication.
As you can imagine, the damages for each of these accident victims are very different. There is no way to estimate your payout until we fully understand your case and the severity of your injuries.
How Can I Prove My Whiplash Injury?
Many insurance companies do not take whiplash injuries seriously. This type of neck injury only affects the soft tissues, making it difficult to document on medical imaging or through medical tests.
Because there is no test to prove you have whiplash, your doctor—and the insurance company—has to rely on your reports of pain and limited range of motion to understand the severity of your injury. While your doctor will likely believe you and treat your injury, the insurance company may deny that your injury really exists.
To prove a whiplash injury, it is paramount that you see your doctor as soon as your symptoms appear and that you ensure your doctor adequately documents your condition. You need to follow their recommendations as closely as possible, and continue seeing them until they release you. The insurance company will look for any reason to downplay the severity of your injury, and missing even one physical therapy appointment could justify a reduction of your payout or a denial of your claim.
How Can I Speak to a Texas Car Accident Lawyer About My Whiplash Payout?
The Texas personal injury team from D. Miller & Associates, PLLC, can explain how we calculate the value of your whiplash injury claim. We offer free case evaluations, and will handle your case for you if we believe you have a valid claim against the person who caused your injury. It is important to act quickly, however, as the statute of limitations bars us from filing a lawsuit after only two years in most cases.
Call our office today at 713-850-8600 for your complimentary case review.