Assessing whiplash settlement amounts is a difficult undertaking that can technically vary from claim to claim. No two cases are exactly alike and trying to place a dollar amount on this type of injury immediately following an accident can be difficult.
Since a whiplash injury involves damage to the soft tissue in the neck, generally arising from a rear-end accident, it can take some time to determine just how much a claim is worth. There are a number of factors that can play a role in why one victim receives $5,000 in a settlement, but another gets $100,000 or more.
About Policy Limits
Unless an accident victim brings a civil case against the responsible driver, most settlements are dictated on the high end by the policy limits. If an insurance policy is set with a limit of $200,000, this is the top amount the victim can expect to gain from the company. Obtaining this amount, however, is often a difficult undertaking as insurance companies will do their part to go about assessing whiplash settlement amounts for well under the policy ceiling.
Overall Expenses Impact the Settlement
The total value of a whiplash claim includes a number of other payment factors that can take away from the final settlement. Before accepting a settlement offer from an insured party or making an offer itself, an insurance company will remove previously made payments from the offer. Essentially, the settlement amount might be reduced by such other claim payments as:
- Wage replacement payments
- Medical bills
- Ambulance services
- Medications
- Vehicle repair or replacement
While accident victims are often entitled to ask for money to help cover future medical expenses and/or pain and suffering, the total settlement amount can be reduced by the above payments if they have already been made.
Assessing the Injury
When insurance companies go about assessing whiplash settlement amounts, the injury itself will be scrutinized closely. The company will ask for medical proof of such things as:
- The severity of the injury
- Proof of need for continued care, if required
- Prognosis for recovery
The insurance company may also require a victim to seek out a second opinion at its own expense.
Figuring the Total Value
Ultimately the two biggest factors that will go into the valuation of a claim are the policy limits and the severity of the injury. Typically, the more severe the injury and the longer recovery is anticipated to take, the higher the potential value of the claim will be.
Hiring Legal Representation
Accident victims are entitled to compensation for their expenses and injuries. One of the most effective ways to insure that assessing whiplash claims is handled properly by the insurance company is to have legal representation. A reputable lawyer will be able to help clients get fair compensation for the injuries.
