It is difficult to state what the “average” whiplash damage settlement is in a Georgia car accident claim. The value of your specific case will depend on many factors, such as the severity of your injuries, medical treatment costs, lost wages, and other losses unique to your situation.
Understanding these factors and how they can affect your settlement amount after sustaining a whiplash injury is crucial for your case. An Atlanta car accident lawyer can help you estimate the value.
What Accidents Can Result in a Whiplash Injury?
Whiplash occurs when the head violently shakes back and forth after a collision. This motion can strain or tear soft tissues in the neck, including muscles, ligaments, and tendons, and it can lead to symptoms such as headaches, lack of neck mobility, and tingling or numbness in the limbs.
Rear-end collisions are among the leading causes of soft-tissue injuries like whiplash. Other common causes include:
- Head-on collisions
- T-bone accidents
- Multi-vehicle pileups
- Low-speed accidents
Contrary to popular belief, you don’t need to be in a high-speed crash to suffer a serious whiplash injury. Many people experience whiplash after seemingly minor collisions at red lights, stop signs, or in parking lots.
What Factors Can Influence the Settlement Amount of a Whiplash Injury Claim?
Several factors can influence the amount of your car accident settlement, including:
- Injury severity — Typically, the more serious the whiplash injury, the more your case will be worth. Severe injuries involving torn ligaments, nerve damage, chronic pain, and long-term mobility issues tend to result in higher settlement offers.
- Medical treatment — If your injury requires extensive medical treatment, such as emergency room visits, physical therapy, pain management, or surgery, it can potentially increase the value of your claim.
- Lost wages — If your injury impacts your ability to work, your personal injury claim may include compensation for lost wages and loss of future earning capacity.
- Pain and suffering — Depending on how much the whiplash injury impacts your daily life, you may be able to seek compensation for pain and suffering with the help of a skilled auto accident lawyer.
- Fault and liability — Determining who is at fault for the car crash and gathering evidence to hold them liable is key. In some car accident cases, there may be multiple at-fault parties. Identifying every at-fault party is the best way to maximize your compensation.
- Insurance policy limits — The insurance company will only pay up to the at-fault driver’s policy limits. If you seek compensation exceeding the at-fault driver’s insurance coverage, their insurer won’t pay the difference.
What Evidence Helps to Prove a Whiplash Claim?
Insurance companies often try to downplay whiplash claims because the injuries aren’t always visible. For this reason, it’s crucial to obtain strong evidence supporting your car accident claim, such as:
- Medical records
- Car accident report from police or other law enforcement
- Doctor’s notes describing the physical limitations and symptoms
- Pay stubs and employer notes documenting your lost wages
- Imaging tests, including CT scans or MRIs, to reveal related injuries
- Photographs of the accident scene, including the damage done to the vehicles
- Witness statements corroborating your version of events
- Journal entries that detail your daily pain levels and how your injury impacts your daily life.
The more evidence you have, the harder it will be for the insurance company to claim your injury doesn’t exist or isn’t as bad as you claim.
What Steps Should You Follow to Seek a Proper Payout for Your Whiplash Case?
Take the following steps to protect your insurance claim or car accident lawsuit after a collision:
- Seek ongoing medical treatment until your doctor says you have fully recovered or are not expected to recover further.
- Keep all bills for your medical expenses and other crash-related costs so your lawyer can estimate the value of your case.
- Avoid providing a recorded statement to the at-fault party’s insurance company so adjusters don’t use your words against you.
- Consult an experienced whiplash injury lawyer and have them handle all aspects of your case, including negotiating with the other driver’s insurance company for a full and fair settlement.
Can My Settlement be Reduced if I am Partly Responsible for my Whiplash Injury?
Sharing the blame for the car crash that caused your whiplash injury could impact your settlement. Under the state’s modified comparative negligence rule, an accident victim’s compensation faces reduction by a percentage equal to their degree of fault. In addition, it prohibits victims from financial recovery if they are 50 percent or more responsible for the accident.
While this rule specifically applies to trial awards, auto insurance providers often cite it when determining settlement offers. For example, if the insurer determines that you are 30 percent at fault for a motor vehicle accident, it may offer a settlement covering only 70 percent of the total value of your claim. It is important to have an experienced car accident attorney at your side to identify and counter insurance company tactics and protect your rights.
How Long Do You Have to File a Whiplash Injury Claim in Georgia?
Georgia law gives whiplash victims two years to file a lawsuit against the parties responsible for the harm they have suffered. This time limit typically begins on the date of injury. While most people develop whiplash symptoms within 24 hours, it can take several days after a motor vehicle accident for others to experience symptoms. In those cases, the time limit would begin on the date you realized your injuries resulted from the car accident.
The deadline for your case could be shorter or longer depending on the circumstances. Consult an Atlanta car accident lawyer as soon as possible after a crash to avoid losing your right to pursue compensation.
Contact a Georgia Whiplash Injury Lawyer
If you suffered a whiplash injury in a Georgia car wreck, the Atlanta car accident attorneys at Bayuk Pratt can determine whether you have a valid claim and pursue maximum compensation on your behalf. Our legal team has more than 50 years of combined legal experience in Atlanta and a proven track record of success with more than $300 million for deserving clients.
Bayuk Pratt’s founding partners formerly served as senior partners at two of the world’s largest and most prestigious defense law firms, giving us the insider knowledge that only seasoned, high-stakes defense attorneys possess. Contact Bayuk Pratt for a free consultation and learn more about how we can help you.
