If you’ve suffered whiplash in a car accident, you know how painful it can be. Your doctor has also likely told you that you may have pain for some time. In settling your claim with the insurance of the party at fault, you’ll need to appropriately calculate the settlement to which you’re entitled.
There are several elements you’ll need to consider as you determine a fair settlement amount. It’s important that you take all of these elements into account before you send a settlement letter. If you request an amount that’s ultimately less than you deserve, you won’t be able to increase the amount later.
Whiplash is a common accident injury, so the insurance company may plan to lowball your settlement; assuming that you will be able to recover without any permanent damage. But, even if that’s the case, you are entitled to a monetary settlement for the time you were out of commission.
You’re Entitled to Reimbursement for Medical Expenses
Keep all your receipts for your medical expenses associated with the accident. Your own medical insurance company should not be involved in paying your medical expenses if the whiplash occurred in an accident for which you were not at fault. The medical expenses are an important piece of calculating the entire settlement.
Often, the cost of the medical expenses is used as a basis for determining an appropriate settlement amount for pain and suffering in a whiplash case. Your medical expenses may be double, tripled or even quadrupled as a request for the pain and suffering portion of your settlement for whiplash.
Don’t Forget Lost Wages and Permanent Disability
You’re also entitled to any lost wages that result from your whiplash injury. It’s important to keep records from your employer regarding any time missed from work in order to provide documentation to support your claim.
Though whiplash does not often result in a permanent disability, you must calculate additional money into your whiplash settlement if your injury will have permanent repercussions. This will be based on the extent of your disability and how, for example, it will affect your ability to work in the future.
Consult an Attorney
The best way to ensure that your settlement for your whiplash injury is appropriate is to consult an attorney to help you with your claim. Your attorney will be know exactly how to calculate an appropriate payment amount based on your personal situation. Then, he’ll handle the negotiation with the insurance company on your behalf. Your claim will be taken much more seriously when it is negotiated by a professional.
