The average settlement for auto accidents involving whiplash depends on the location of the accident, parties involved and the typical payout in the court’s jurisdiction. Because of the flexibility and changeability of the determining factors, it is difficult to specify a settlement payout from which an injured party can start compensation negotiations.
The Short Answer: No
Technically, there is no specific starting point for whiplash, or other, compensation suffered from an auto accident. While many insurance companies may have starting points, these amounts will not be made known to you or the general public. When determining the starting point for your negotiations, there are a few factors to consider. These factors are discussed below.
The Location of the Accident
The location of the accident that caused whiplash is one of the most important factors in determining the settlement payout amount. This is because the state and city of the accident determine the average amount of payout a whiplash injured individual receives. Certain states have limits on the amount of compensation a party can obtain for their injury. For example, some states do not allow injured parties claiming whiplash as their injury only to the amount of medical expenses and not anticipated future medical costs.
The Parties Involved in the Accident
While courts do not permit distinguishing injured claimants based on sex, gender or race, there are distinguishing factors in the age and health of plaintiff’s that impact the amount of obtainable compensation. A plaintiff that is young and relatively healthy may receive less compensation than an elderly patient.
The Court’s Jurisdiction
The impact the jurisdiction of the court on whiplash settlements is not the typical meaning of a court’s jurisdiction. In this situation, the court’s jurisdiction refers to the amount and types of money the legislature have enabled the court to award. For example, a civil court may not be able to award punitive damages in a personal injury lawsuit.
The Average Amount of the Award
The best starting point for compensation for whiplash injuries is to gauge the average amount of award in your area. This amount of money requires investigating legal documents, which can be difficult for individuals not trained in legal research. An attorney will be able to advise you about the average payouts in your area.
Getting Legal Help
When determining the starting point for your whiplash compensation settlement negotiations you may have to look elsewhere to identify the amount you should rely on. An attorney will review the facts of your case and advise you about the settlement you can expect to be offered for your whiplash injury.
