Overtime Claims |
injury settlements vary greatly in California. It also varies from City to City or
County to County. The reason for
the varied settlements is that there are too many factors to be able to
make generalized statements about whiplash injury settlements. Typical whiplash settlements are small
relative to other type of injury cases.
The majority of auto accidents that result in injury result in
whiplash injury and other soft tissue injury. There is no general rule for whiplash
is no law or rule that specifies what has to be paid in damages. This is because there are too many
variables. Whiplash settlements
depend on such things as the attorney hired, the medical providers, the
defendant, the claimant, and the insurer of the defendant.
injury settlements and statistical data shows that personal injury
claimants do better than those that do not employ an attorney. Some attorneys never take cases to
trial, because it is a very time consuming and draining experience. These attorneys that never take cases
to trial quickly develop a reputation with insurance companies and as a
result they have much lower bargaining power than an attorney is willing
to take a case to trial. The
typical whiplash settlement for an attorney that takes cases to trial is
much higher than the typical whiplash settlement for an attorney that
never takes cases to trial.
Attorneys that take cases to trial develop a comparable, but
reverse reputation with insurance companies. Insurance companies track attorneys and
know which attorneys are willing to take cases to trial and are willing
to pay more for a typical whiplash injury claim, because it is more
expensive to take the case to trial than to settle it. There are also attorneys that simply
manipulate evidence and chiropractors that manipulate evidence. This can also result in higher whiplash
settlements than the typical whiplash settlement. The FBI and District Attorney’s
office often investigates such individuals and often results in the loss
of a license and jail time.
medical provider greatly affects the typical whiplash settlement, because
the typical insurance company uses computer software to evaluate
cases. The medical provider uses a
system to examine and evaluate the progress of the treatment for
patients. Attorneys familiar with
these systems are better able to guide the whiplash injury claimant to
obtain a better result. In effect
it is a game and whoever knows the rules best and whoever is a natural
for the game gets the best results.
As a rule medical doctors who charge within the norm and who take
careful detailed notes provide the best evidence to support a personal
injury claim that results in the best whiplash injury settlement. Chiropractors are used more often than
medical doctors, but cannot prescribe medication and generally the
medical evidence they provide is less helpful in enhancing the value of a
typical whiplash settlement. There
are studies that show that chiropractic care can be very beneficial in
healing patients, but insurance companies always apply less weight to
defendant and the personal injury claimant also affect the typical
whiplash injury settlement. The
reason this occurs is because a person’s personality, color of
skin, physical appearance, personal hygiene, criminal background, work
history, honesty, and credit worthiness affect the perception of a
jury. Some person’s are very
good whiners and others are very good at taking hardship in stride. A jury is often sympathetic to a
whiner, if the whiner presents well.
The same is true of persons with good first impression
personalities. Persons with poor
first impression personalities don’t do well and the typical
whiplash settlement is smaller than average, even if they are good
persons. The reason is there is
simply not enough time for a jury to get to know the person. Whenever there is a lawsuit a personal
injury claimant’s deposition is taken and one of the reasons why
this is done is to ascertain the personality of the personal injury
claimant. Exaggeration of
injuries especially in a whiplash injury claim results in a poor
settlement in a typical whiplash settlements. Unfortunately racism and sexism and
other forms of discrimination are still with us and insurance companies
know this and typical whiplash settlements vary from person to person
bases on the gender and race of the particular person.
Persons of color are more likely to be discriminated
against and especially if they speak little English, so the typical
whiplash settlement is smaller than average. Juries are more sympathetic to women
than to men and likewise a man’s typical whiplash injury settlement
is likely to be less than a woman.
Physical appearance makes an impact as well more attractive people
do better than less attractive people.
Overweight persons do not do well in trials and the typical
whiplash settlement is usually lower for overweight people than average
weight people. Juries are average
human beings often with more education and are more sympathetic to people
like themselves than persons that differ from them. As a result the typical whiplash
settlement is lower for persons that deviate too much from the norm. Regardless of what the claim is about
or what it is for the jury will judge the personal injury claimant on
everything from their work history to their physical appearance to their
personality, to their hygiene, and everything else. Juries are not neutral and insurance
companies know this and this in turn will have a material effect on the
typical whiplash injury settlement.
companies determine what they are willing to pay depending on many
factors including all the above factors.
Some insurance companies have a slash and burn policy where they
are willing to take cases to trial at any expense if the personal injury
claimant refuses to settle the case for the sum offered by the insurance
companies. Other insurance
companies pay based on what will result in the smallest loss to the
insurance carrier. Some insurance
companies refuse to pay anything on very small cases where the vehicle
damage is very minor. This is
because juries often award nothing where the vehicle damage is minor. The typical whiplash settlement for
minor vehicle damage is very small often there is not enough to pay
These are some of
the factors that determine the typical whiplash settlement. There are exceptions to typical
whiplash injuries and these cases are evaluated differently. Personal injury claimants should always
consult with an attorney, before they speak to anyone else regarding
their whiplash injury claim.
Insurance companies are in the business of making money not
handing out checks for every claim and the adjusters obviously have an
obligation to protect the company not the personal injury claimant.