Knowing when to accept a cash settlement for a whiplash injury can be confusing. The amount of compensation you are offered may or may not be the best determinant of whether you should accept the offer. Below is advice on analyzing the offer to determine whether you should accept its terms.
The Settlement Amount
The amount the insurance company offers you for a whiplash injury could be quite smaller than you anticipated. However, because of the inability to identify the severity and extent of a whiplash injury, the offer may be the best you will receive. Insurance companies want to avoid whiplash litigation. Not only is litigation in general quite expensive, but whiplash is the injury which, because of its difficulty to prove, could be rewarded by a judge or jury quite extensively.
The Extent of Your Medical Bills
You might have chosen to seek extensive treatment to cure your whiplash. If so, the offer should cover all of your costs. However, keep in mind that whiplash often treats itself purely over time without treatment. Therefore, just because you sought treatment does not mean that the treatment you sought was reasonable or should be fully compensated. If the insurance company believes you went overboard in treatment, it might not include all of your medical expenses in its offer.
Paying Your Attorney Costs
Many personal injury attorneys do not receive payment until their client is compensated. Most attorneys are paid by taking a percentage of the amount of their client’s award as fees for their service. If the settlement will enable you to cover your expenses and pay your attorney, you might want to consider accepting the offer.
Compensation for Other Damages
If you have incurred damages in other areas of your finances due to your injury, your settlement offer may or may not be enough to compensate you for those losses. Additional damages could arise in the form of lost wages and pain and suffering. However, because whiplash injuries are not looked favorably upon or considered serious by most insurance companies, settlement offers will not always include payment for these types of damages. If the offer includes excess money that you could put towards these expenses, it will most likely be viewed as a fair offer by courts and attorneys. In this circumstance, seriously consider accepting the offer.
Getting Legal Help
If you suffered a whiplash injury and have been offered a settlement, consult an attorney about the terms of the offer. A lawyer will review the settlement terms and the amount of the offer and advise you about whether it is fair.
