Of the many injuries an auto accident can cause, whiplash is one of the most common. It is a widely misunderstood injury. While it is true that whiplash can be minor, it can also cause severe damage to the ligaments and tendons of the neck that impact a victim for months or more. A serious whiplash injury could cause significant pain and suffering, physical immobility, lost wages, and many other economic and noneconomic damages for a victim. These damages may be compensable if someone else caused the whiplash injury.
What Is a Whiplash Injury?
Whiplash is the term coined for a neck injury that typically occurs from the head and neck whipping rapidly back and forth. It is an injury to the neck’s soft tissues, including the muscles, tendons or ligaments, from external forces that overextend them. Car accidents are the most common cause of whiplash, but other causes can include falls, amusement park rides, contact sports and physical abuse. Whiplash is especially common in rear-end collisions, where the victim’s vehicle and body move abruptly backward and forward with the forces of the crash.
An accident victim might have whiplash if he or she notices symptoms such as pain in the neck or upper arms, tingling sensations in the nerves, headaches (especially at the base of the skull), limited mobility or pain with motion, or stiffness of the neck. Less common symptoms include irritability, mood changes, trouble sleeping, blurred vision, memory problems and depression. Whiplash requires professional medical care, with treatments such as medications and rehabilitation being frequent.
What Kind of Damage Can Whiplash Injuries Cause?
Damages during a personal injury case refer to a victim’s (plaintiff’s) losses as well as the financial compensation he or she could recover during a claim. A whiplash injury could cause damages that affect a victim physically, financially and emotionally. These are all recoverable types of damages in Arizona. The full list of available damages for a whiplash injury will depend on the plaintiff and the case.
- Medical expenses (past and future)
- Rehabilitation and therapy
- Medications and medical devices
- Lost wages and earning capacity (temporary or permanent)
- Pain and suffering
- Emotional distress
- Lost quality of life
- Punitive damages
Unfortunately, it can be difficult for a plaintiff to prove damages connected to a whiplash injury. As a soft-tissue injury, whiplash will not show up on most x-rays or medical scans. While a physician can diagnose whiplash through other means, a related lawsuit can involve he-said, she-said scenarios. A plaintiff may need to hire a personal injury lawyer to assist with the whiplash claims process.
What Is the Average Compensation for Whiplash Injury?
If a victim and his or her attorney succeed in bringing a whiplash lawsuit in Phoenix, it could repay the victim for all related compensable damages. The overall value of a whiplash injury lawsuit will depend on the severity of the injury, how much pain the injury has caused (and for how long), the victim’s income, and several other factors. In general, a more severe whiplash injury will be worth more in compensation than a minor injury.
The average payout for whiplash is around $10,000 to $20,000 in Arizona. That being said, recoverable damages can vary significantly from person to person. Many victims receive more or less than this average. Some victims only file claims for whiplash, while others combine these claims with other injuries, such as broken bones and head injuries, from the same accident. This could lead to a higher payout for the victim.
The values of whiplash settlements and jury verdicts are highly variable from case to case. No average settlement amount accurately depicts the potential value of a particular victim’s claim. The best way to figure out how much money a whiplash injury claim will be worth is by consulting with an attorney. An attorney will personalize his or her value estimate based on the specific client.