Whiplash Settlements

            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.