Whiplash is a common injury in car accidents, especially in cases involving rear-end collisions. While it may seem like a minor injury at first, whiplash can lead to severe pain and long-term effects that may disrupt your daily life. If you’ve suffered from whiplash due to someone else’s negligence, you may be entitled to compensation. However, the value of your settlement can vary based on several important factors. Understanding these factors is essential in helping you get a better idea of what to expect in your whiplash settlement case. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Severity of the Injury
The severity of your whiplash injury plays a crucial role in determining how much compensation you may receive. Some people may experience minor discomfort that goes away within a few days, while others may suffer from intense pain that lasts for months or even years. Medical evidence, such as doctor’s reports, can show the extent of your injuries. If your injury has caused you to miss work or impacted your ability to do everyday tasks, it is more likely to result in a higher settlement. Long-lasting or chronic pain from whiplash can also increase the settlement amount, as these conditions often require ongoing treatment and may cause permanent damage.
In severe cases, whiplash can lead to complications like nerve damage or cognitive issues, which can significantly raise the value of your settlement. The more severe the injury, the greater the financial burden it places on you due to medical bills and loss of income. This makes the severity of your injury one of the most critical factors in determining the value of your settlement.
Medical Treatment and Costs
Another important factor in deciding the value of a whiplash settlement is the type and length of medical treatment you require. If you need extensive care, such as physical therapy, chiropractic visits, or even surgery, these medical expenses will add up. Your settlement should cover the cost of all necessary treatments related to the injury.
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It is important to document all medical appointments and treatments. Medical bills and records serve as evidence of your expenses and can help demonstrate the impact of your injury. If you’ve had to undergo multiple treatments or specialized care, your settlement value may increase. Additionally, future medical costs are considered if it is likely that you will need further treatment for your injury.
Your recovery time can also affect the settlement value. The longer your recovery takes, the higher the settlement is likely to be. This is because a longer recovery often means higher medical bills, more time away from work, and a greater impact on your overall quality of life.
Lost Wages and Loss of Earning Capacity
A whiplash injury can prevent you from working, especially if your job requires physical labor or prolonged periods of sitting. Lost wages are a significant part of any personal injury settlement. If your injury caused you to miss work, your settlement should include compensation for the time you were unable to earn an income.
In some cases, a whiplash injury can have long-term effects on your ability to work. If you are unable to return to the same job or perform the same duties because of your injury, you may also be entitled to compensation for lost earning capacity. This type of compensation is based on the idea that your injury has reduced your ability to earn money in the future. The value of this part of your settlement will depend on the severity of your injury and how it affects your job prospects.
For instance, if you worked in a physically demanding role and your whiplash injury prevents you from doing your job, the settlement may be higher to account for this change. The impact on your career and future earnings can significantly increase the total value of your settlement.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Pain and Suffering
Pain and suffering is another key factor that can affect the value of your whiplash settlement. This refers to the physical pain, emotional distress, and mental anguish that you’ve experienced because of your injury. While pain and suffering are harder to quantify than medical bills or lost wages, they are an essential part of your compensation.
The more intense and long-lasting your pain and suffering, the higher the settlement is likely to be. If your whiplash injury has caused you ongoing discomfort, anxiety, or even depression, you may be entitled to a larger settlement. Courts often consider how the injury has impacted your daily life, relationships, and overall well-being when determining the value of pain and suffering.
In some cases, you may need to provide additional evidence to support your claim for pain and suffering. This can include testimony from family members or friends who have witnessed the impact of the injury on your life. Your own testimony about how the injury has affected your day-to-day activities can also help demonstrate the extent of your pain and suffering.
Contributory Negligence
In New York, personal injury cases operate under a rule known as “comparative negligence.” This means that the amount of compensation you receive may be reduced if you are found to be partially at fault for the accident. If the other party can prove that you were partially responsible for causing the accident, your settlement could be lowered.
For example, if it is determined that you were 20% at fault for the accident, your compensation may be reduced by 20%. In such a case, if the full value of your settlement is $100,000, you would only receive $80,000 due to your portion of the fault.
It is important to work with an experienced lawyer who can help reduce or eliminate any claims of contributory negligence. The less fault assigned to you, the higher your settlement will be.
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Insurance Company Involvement
Insurance companies play a large role in determining the final value of your settlement. They may offer a lower amount than what you deserve, especially if they believe they can settle the case quickly. Insurance companies often try to minimize payouts to protect their bottom line.
However, with strong legal representation, you can negotiate a higher settlement that more accurately reflects the true cost of your injury. Your lawyer will gather the necessary evidence to prove the extent of your injuries, medical expenses, lost wages, and pain and suffering. In some cases, it may be necessary to take the case to court if the insurance company refuses to offer a fair settlement.
Your attorney will help you navigate the legal process, ensuring that you do not accept a settlement that undervalues your claim. Having legal representation can make a significant difference in the amount of compensation you ultimately receive.
The Strength of Your Legal Representation
The quality of legal representation you have can greatly influence the outcome of your whiplash settlement. An experienced personal injury attorney will understand how to properly value your case and negotiate with the insurance company to ensure you receive fair compensation. They will know how to collect and present the necessary evidence to support your claim.
Without strong legal representation, it can be difficult to navigate the legal process on your own. Insurance companies may take advantage of your lack of experience, offering a lower settlement than what you are entitled to. A skilled attorney will be able to maximize your compensation and protect your rights throughout the process.
Verdicts & Settlements
Filing Deadlines and Legal Considerations
In New York, you have a limited amount of time to file a personal injury claim. The statute of limitations for filing a whiplash claim is generally three years from the date of the accident. If you fail to file your claim within this timeframe, you may lose your right to seek compensation altogether.
It is important to contact a lawyer as soon as possible after your accident to ensure that all deadlines are met. Your attorney will handle all legal aspects of your case, from gathering evidence to filing necessary paperwork, ensuring that your claim is filed correctly and on time.
If you’ve suffered a whiplash injury in New York, understanding the factors that can impact your settlement is crucial. The severity of your injury, the cost of medical treatment, lost wages, pain and suffering, and insurance company negotiations all play a role in determining the value of your claim. To ensure you receive the compensation you deserve, it is important to seek legal representation.
At Andrews, Bernstein & Maranto, PLLC, we are committed to helping you recover the maximum compensation for your whiplash injury. Our team of experienced attorneys will work tirelessly on your behalf, guiding you through the legal process and fighting for your rights. Contact us today to schedule a consultation and learn more about how we can assist you with your case.