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A typical call to our office is to discuss a car
crash claim and to get an idea of what the personal injury settlement
amount would be for a whiplash injury that can be obtained by a whiplash
lawyer. A seemingly simple
question that any auto accident law firm should be able to answer, but
the personal injury settlement amount varies greatly from person to
person. There is no set rule for
whiplash settlements and there is really no whiplash lawyer, just as
there is really no auto accident law firm, or truck accident law firm, or
motorcycle accident law firm, or brain injury law firm. A personal injury law firm handles all
of these cases and the same law firm gets different result for similar whiplash
injury claims.
Whiplash settlements can range in value depending on
the severity of the injuries, the damage to the vehicle and other
physical evidence, the length of treatment, the treating doctor or
doctors, and the occupation of the injured party. The injured party has a great impact
on the value of the case. Some
people are simply more likeable than others and discrimination still
exists, so gender, age, race, sur names, and the color of your skin will
influence the value of your case .
For the most part attorneys look at the objective evidence and set
aside the biases that are common to the particular geographic location
where the case would be heard if it were to go to trial, but if there is
no personal injury insurance settlement or personal injury settlement
with the tortfeasor, then it could become an issue.
Some injuries lawyers will continue with the claim
regardless of whether it is a whiplash claim, car crash claim, thoracic
disc herniation, herniated disc lawsuit, or a bulging disc surgery claim,
and pursue the claim as far as necessary including trial. Some attorneys withdraw from the case
and some reach settlements.
Whiplash settlements are generally smaller than amounts for other
personal injuries compensation settlements. A herniated disc settlement, thoracic herniated disk settlement,
lumber herniated disk, herniated spine, or a herniated cervical disk, is
generally greater than a typical whiplash settlement, simply because the
injuries are greater.
There are other factors that affect the value of a
case. A herniated disk surgery
case is a more severe injury than a bulging cervical disc and it is
unlikely that there would be a bulging disc surgery. A herniated disk also varies in
severity, some are worse than others.
The ruptured disc treatment may be physical therapy or it may be
surgery or injections. Not all
herniated disks are the same, and the pain and damage depends on the disc
protrusion, meaning how much of the soft gelatin like substance is
escaping from the disk. This disc
protrusion is measured in millimeters.
Personal injuries claims are very unique to the individual person
that suffered the injury and the only way to get a fair estimate is to
first review the medical evidence, the physical evidence, and to obtain
background information about the person making the injury claim.
Whiplash
settlements are not always smaller injuries and can turn into a disk
herniation -cervical. The term
whiplash is associated with the way the body is forced to go back and
then forward and then back again.
When this occurs greater pressure is forced to the disc on the
neck. A herniated disk of the neck
is common in a severe car crash claim.
Severe car crashes are themselves are not very common, but even so
auto accident settlements should not be made until the injury victim has
undergone a course of treatment, which may take several months to a
year. Once the injury victim sees
no further improvement then a personal injury insurance settlement can be
negotiated.
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