Settlement FAQs

how much is a concussion and whiplash settlement worth

by Charlene Smitham DDS Published 2 years ago Updated 1 year ago

between $20,000 and $200,000

Full Answer

What is the average whiplash settlement for a car accident?

While the average whiplash settlement for a whiplash injury that has no complications can range from $2,500 to $10,000, whiplash settlements vary greatly depending on the severity of your injuries.

What is the average settlement for a concussion?

The average value of a personal injury lawsuit involving a concussion is between $20,000 to $80,000. The more serious concussion injury cases (those involving continuing complications) may have an average settlement value of $125,000 or more.

Can I claim compensation for whiplash?

If you’re wondering whether you can claim compensation for whiplash, yes you can. But it won’t be easy. On average, settlement for whiplash injuries can range from $2,000 to $10,000. But it can go as high as $100,000 depending on the extent of the injury. There is no minimum settlement amount for whiplash injury.

What can I use my whiplash settlement payout for?

Your settlement payout for your whiplash injury can be used to pay for medical bills, regular household expenses that you can’t afford due to missing work, and legal fees. What is a Fair Whiplash Settlement For My Injury?

What is the average payout for a concussion?

between $20,000 to $80,000How Much Compensation Will I Get For A Concussion Case? The average value of a personal injury lawsuit involving a concussion is between $20,000 to $80,000. The more serious concussion injury cases (those involving continuing complications) may have an average settlement value of $125,000 or more.

What is a whiplash injury worth?

That said, most whiplash settlements in the United States range between $10,000 to $100,000 for minor neck and back injuries. However, the average whiplash settlement amount is $1 million to $5 million for significant, life-changing injuries.

How much money can you get from a head injury?

A general estimate is that most brain injury cases generally settle for around $100,000 at the minimum. Due to the brain's highly sensitive nature and how impactful injuries to it are, it is not uncommon to see TBI claims settle in excess of several million dollars.

How much is a mild traumatic brain injury worth?

The California-based Centre for Neuro Skills tells us that over a lifetime, a mild brain injury may cost over $85,000, a moderate TBI can cost $900,000, and a severe brain injury can cost $3 million.

What is Level 3 whiplash?

Stage 3: shows the entire spine in extension with an intense sheering force that causes compression of the facet joint capsules.

How long does it take to settle a whiplash claim?

How Long Should A Whiplash Claim Take? Most whiplash claims should be settled in less than six months.

Can you claim for concussion?

concussion can lead to long-term suffering. Anyone who has sustained concussion injuries that were caused by a third person's mistake or negligence may be entitled to compensation for their injuries.

What is post concussion syndrome symptoms?

Persistent post-concussive symptoms, also called post-concussion syndrome, occurs when concussion symptoms last beyond the expected recovery period after the initial injury. The usual recovery period is weeks to months. These symptoms may include headaches, dizziness, and problems with concentration and memory.

How long does it take to settle a brain injury case?

How long does it take to settle a brain injury lawsuit (TBI claim) Brain Damage lawsuit? The average TBI lawsuit will settle in 2 years timeframe, but can be slightly longer with someone who has a permanent disability.

Can I get SSDI for brain injury?

A disability applicant with lasting physical and mental difficulties from a severe TBI may be eligible for Social Security disability benefits. If you've suffered a traumatic brain injury that prevents you from working, you may be eligible for Social Security disability benefits.

How much is a skull fracture worth?

Skull fractures are severe injuries. The statistics on skull fracture settlements and verdicts support this. In my experience, the average settlement amount for a skull fracture injury is more than $100,000.00, with fractures resulting in permanent brain damage being worth up to $1 million or more.

What is an injury that is defined as injury to the brain?

Traumatic brain injury (TBI) happens when a sudden, external, physical assault damages the brain. It is one of the most common causes of disability and death in adults. TBI is a broad term that describes a vast array of injuries that happen to the brain.

Is there a minimum speed for whiplash claim?

The reason there isn't a minimum speed for a whiplash claim is because the speed of your vehicle is not always a factor in getting a whiplash injury. This is because you could technically still get a whiplash injury even if your vehicle is completely stationery.

How is whiplash diagnosed?

How is whiplash diagnosed? Healthcare providers can usually diagnose whiplash by examining your symptoms and asking you questions about your injury. CT scans or magnetic resonance imaging (MRI) can show details of damaged soft tissues (such as nerves or disks), though they may not always be required.

What is severe whiplash?

Overview. Whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip. Whiplash is commonly caused by rear-end car accidents. But whiplash can also result from sports accidents, physical abuse and other types of traumas, such as a fall.

Does whiplash ever go away?

Whiplash is a neck injury caused by sudden movement of the head. It usually gets better within 2 to 3 months.

What's the Average Payout For Each Grade of Whiplash?

Unlike many other car accident injuries, whiplash injuries are classified by grade of severity, with 0 being almost no injury at all and grade 3 be...

Can you get whiplash from a side impact crash?

Yes, you can get whiplash from a side impact crash or T-bone collision. Whiplash occurs when the victims head and neck is jolted rapidly in a quick...

Can whiplash be fatal?

Most whiplash injuries are what are considered to be soft tissue injuries. Most whiplash injuries suffered in car accidents are considered mild to...

How long after a car accident can you claim whiplash injury?

Whiplash is a common neck injury after a car accident. However, filing a claim for compensation for this injury can be problematic. Many insurance...

Can you get whiplash from being t boned?

Side impact car wrecks are commonly referred to as T-bone accidents. They often have a more severe effect on the body than a frontal or rear end co...

What happens if you don't treat whiplash?

A whiplash injury is a serious injury. The pain and limited motion of this serious neck injury can last weeks, months or years in the worst cases....

Will hiring an attorney to negotiate my whiplash settlement pay for itself? Does the (hopefully) inc...

There are some soft tissue injury accident cases where you may be able to represent yourself. If you have a minor soft tissue injury such as whipla...

Can I negotiate my whiplash settlement myself?

Some people can effectively handle their own minor car accident settlement without a lawyer. In a whiplash settlement claim where injuries and fina...

How long does whiplash last after the car crash?

Whiplash is a serious soft tissue neck injury that happens in a car accident. The head of the victim is suddenly thrown forwards and backwards. Man...

Can you get whiplash from a minor car accident?

Whiplash is a neck injury that occurs by the sudden forward and backward motion of the head. Most commonly, whiplash occurs in a car accident when...

How Much Compensation Will I Get For A Concussion Case?

The average value of a personal injury lawsuit involving a concussion is between $20,000 to $80,000. The more serious concussion injury cases (thos...

Can You Sue For A Concussion?

Yes. A concussion is a serious injury to the brain and if it was caused by someone else’s negligence you can bring a personal injury suit . Concus...

How Do You Prove You Have A Concussion?

Unlike other types of injuries, such as bone fractures, there is no single definitive test used to diagnose whether someone has suffered a concussi...

Are Concussions Common In Car Accidents?

Yes. A concussion is one of the most common of all injuries that frequently result from car accidents. It is the most common brain injury in a mo...

How much does a concussion lawsuit cost?

The average value of a personal injury lawsuit involving a concussion is between $20,000 to $80,000. The more serious concussion injury cases (those involving continuing complications) may have an average settlement value of $125,000 or more. Looking at sample concussion settlements and verdicts, you will see that the ranges of settlement values and verdicts range wildly.

What happens if you have a concussion?

Although a concussion is not a dangerous or life threatening injury, complications can arise in some cases and potentially lead to a hematoma. A hematoma is buildup or pooling of blood in the head just outside the brain. Hematomas can sometimes occur after a concussion when blood vessels are ruptured. The blood pool can put internal pressure on the brain and cause serious injury. Potential signs of a hematoma and other serious complications resulting from a concussion include: 1 The pupil in one eye is noticeably larger than the other eye 2 Not able to stay awake or difficulty waking up 3 A persistent headache that seems to get worse or more intense over time 4 Shaking or involuntary convulsions with continuous nausea and vomiting

What is the most common brain injury in a car accident?

A concussion is one of the most common of all injuries that frequently result from car accidents. It is the most common brain injury in a motor vehicle crash. The sudden impact of an auto accident can cause the brain to bounce around inside the skull resulting in a concussion. Settlements & Verdicts for Concussions.

What is the most common type of brain injury?

Brain injuries can range from mild to severe. The most common type of mild brain injury is a concussion. Concussions can be caused in car accidents by an impact to the head. But you can also suffer a concussion from the whiplash motion that makes your brain bounce or twist inside your skull.

What is a concussion?

A concussion is a type of traumatic brain injury (TBI) that results from a sudden, forceful impact, hit or jolt directly to the head. In addition to direct head impacts, concussions can also result from a sudden collision to the body triggering reactive movement of the head and brain in a rapid back and forth motion.

What is the best way to evaluate a concussion?

At a hospital, doctors can perform a CT scan and other diagnostic imaging tests to evaluate the extent of your concussion and check for other damage to the brain.

How long does it take to feel concussion symptoms?

In some cases, the person will feel perfectly fine at first and not experience any physical symptoms until hours or even days later . Listed below are the symptoms commonly associated with concussions, appearing in order of frequency:

Summary of the Key Findings

Whiplash injuries can range from minor, which pass in a couple of days or weeks, to severe, which can impact mobility and cause chronic pain.

What is Whiplash?

Whiplash is a neck injury caused by a sudden movement of the head and neck back and forth.

What Factors Influence Whiplash Settlement

Whiplash injury claims are filed when accident victims don’t receive enough damages from insurance companies to cover medical expenses, lost wages, and property damages.

Hire Experienced Lawyers for Your Whiplash Claims

The extent of your whiplash settlement offer will depend on many factors, most importantly, the severity of your neck sprain and current and likely future medical expenses.

Whiplash

We often hear about people who are suffering from whiplash, and it can often be difficult to understand how serious this injury can be. Whiplash typically occurs as a result of a car accident that causes your neck to forcefully move back and forth without appropriate support.

Average Settlement for Whiplash and Concussion

If you find yourself in this situation, you might want to know exactly how much compensation you will be awarded. Unfortunately, there’s no easy calculation that can determine this amount. It’s true that an experienced lawyer will be able to help you determine how much money to ask for, but there’s no exact science to this.

What Is the Average Whiplash Settlement?

In most cases, whiplash injuries rarely get large settlements after car accidents. This is usually because insurance companies consider this neck injury minor. Besides, most victims take just a couple of months to fully recover from the condition, while permanent damage is not usually associated with this type of neck injury.

How Long Does a Whiplash Settlement Take?

If your claim proceeds to court, the entire settlement process may take six months or even over a year. However, most personal injury cases are settled before going to trial. Therefore, it is more likely for the insurance company to reach you in the early stages of the process, typically within a few weeks.

What Is Whiplash?

This is a painful injury in the neck that usually results from a forceful, rapid back and forth neck movement of the neck, hence the name neck sprain in some circles. Whiplash injuries mainly result from car accidents but can also be due to slip and fall accidents or physical abuse. The sudden movement of the neck that leads to this type of injury is similar to cracking a whip, hence the name whiplash injury.

What are the Common Whiplash Injury Symptoms?

In some cases, whiplash symptoms may manifest immediately or within hours after an accident. These symptoms include:

How Is Whiplash Diagnosed?

In most cases, doctors rely on verbal and manual examination to diagnose victims in case of whiplash. But the first step involves determining whether there was a rapid movement that could have led to such an injury. In some cases, doctors may need to use an X-ray examination to rule any fears of bone injuries in your neck.

What Types of Compensation are Available for Whiplash Claims?

Car accident injury victims are entitled to a number of types of compensation. In most cases, whiplash injury victims incur various expenses, which need to be compensated. Some of the common types of compensation available for whiplash victims include:

What is whiplash in medical terms?

Whiplash is a painful neck injury. It is caused by a forceful back and forth snapping movement of neck. The movement causing whiplash is rapid, oftentimes described as like cracking a whip. Thus the name. Whiplash technically is not a formal term for a medical diagnosis. However, the term is widely used by medical professionals, ...

How Do I Calculate My Concussion Settlement Amount?

Here's the truth: there is no way to calculate your concussion settlement amount accurately. There is no fancy calculator to determine the settlement offer value for any type of accident or car crash.

What Kinds of Damages Can I Receive for a Car Accident Concussion?

Compensation for concussions usually takes the form of a single lump settlement. Still, in some cases, punitive damage s may be awarded. If you're an accident victim and have suffered a concussion or severe head injury, you stand to receive compensation for economic and non-economic damages, including:

What are the Common Signs and Symptoms of a Concussion Injury?

A concussion is one of the most common types of brain injury; this type of head injury is categorized as a traumatic brain injury (TBI). The severity of a concussion can range from mild to severe.

How are Concussions Caused?

Any physical assault to the head and brain has the potential to cause a concussion. Motor vehicle accidents. Falls at work. Contact sports, most familiarly. Concussions are typically the result of some sort of accident — often an auto accident or car accident.

What are the most common brain injuries?

Common Types of Brain Injuries Suffered in Car Accidents 1 Concussion – This is the most common type of brain injury, often caused by whiplash. 2 Contusion - Contusions are bruises that form on the brain itself, often caused by violent impact to the back of the head. Extensive contusions may need to be surgically removed. 3 Coup-Contrecoup — A coup injury occurs under the site of impact with an object. A contrecoup injury occurs on the side opposite the area of impact. Both are types of brain contusions. 4 Diffuse-Axonal Injury — This injury may be caused by strong rotation of the head and causes extensive tearing of nerve tissue throughout the brain. 5 Penetration — Often the result of a violent crash, penetration refers to any foreign objects (broken glass, metal fragments, etc.) that forcefully penetrate the skull and into the brain.

How long does it take to recover from a concussion?

Typically, the recovery period lasts two to four weeks. Left untreated, injuries tend to get worse, and symptoms increase in severity over time. The same is true for concussions.

Can a concussion cause headaches?

Symptoms can be subtle, you see. For instance, we all experience headaches or "brain fog" on the occasional off day or when we aren't feeling our sharpest selves.

How much does a whiplash injury cost?

On average, settlement for whiplash injuries can range from $2,000 to $10,000. But it can go as high as $100,000 depending on the extent of the injury. There is no minimum settlement amount for whiplash injury. But if your symptoms are very mild and you’ve recovered quickly, your compensation will obviously be lower.

Why is it so hard to claim whiplash?

You see, soft-tissue injuries like whiplash don’t show up in x-rays or other diagnostic tools. As such, it’s hard to get a medical document to support your claim. This is why whiplash claims are often written off as nuisance claims.

How long does whiplash last in Florida?

In addition, most whiplash symptoms go away in a week. In Florida, you won’t get wage loss compensation for the first seven days of disability. Some states also have similar rules. This means you’ll only get medical benefits but not your lost wages if you can get back to work within 7 days.

How many times will you get a lump sum?

If you choose to be paid in lump sum, obviously, you’ll only receive payment once. They’ll estimate how long your injury will last and compute your compensation accordingly. It’s usually a huge sum but you won’t be able to request any more after that.

How long does it take to report a work injury?

In most states, work-related injuries have to be reported within a certain number of days. Failure to do so will give your employer reason to deny your claim. But if the symptoms take time to show up, reporting your injury on time can be difficult.

Do whiplash injuries last long?

But unless the damage goes way beyond a simple muscle strain, whiplash injuries rarely last long. Nor do they cause permanent disability. That’s why lost wages compensation for whiplash injuries aren’t usually that much.

Can whiplash be a workers compensation claim?

But unlike most types of injuries, whiplash symptoms don’t usually show up immediately after the accident. And sometimes, the true extent of the injury will only become apparent months later. This makes it hard to get workers compensation for whiplash injuries.

What is a concussion settlement?

A concussion is a type of traumatic brain injury that frequently occurs during a car crash. The concussion settlement value depends on a number of factors. Concussions vary from mild to severe, impacting the cost of treatment and how long it takes to get well. If another driver is at fault for your concussion, you have the right to pursue ...

How to recover from a concussion?

For most people with a concussion, rest is the best medicine. It gives the brain time to recover. During the period of treatment, you will need to avoid activities that increase your symptoms. You may be unable to return to normal activities, including those that you do at your job, for weeks or months.

When Should I File a Personal Injury Lawsuit?

There are two ways that you can do this; by filing a personal injury claim with the other driver’s insurance company, or by filing a personal injury lawsuit against the other driver. The latter is usually considered the last resort unless the policy isn’t adequate to cover your damages.

What happens if another driver is at fault for a concussion?

If another driver is at fault for your concussion, you have the right to pursue compensation through a personal injury claim. The seriousness of your concussion and the types of damages you claim will determine how much compensation you get from your claim.

What tests are done to check for concussion?

They will check your reflexes, balance, hearing, and vision. Since concussion often impacts memory and concentration, they may perform tests to evaluate these cognitive skills. MRI or CT scans provide images for those with severe symptoms to indicate swelling or bleeding inside the skull.

How are concussions graded?

Concussions are graded according to loss of consciousness and the loss of memory. Grade I: Grade I is a mild concussion. With a Grade I concussion, you won’t lose consciousness or have amnesia at all, or for less than thirty minutes. Grade I: Grade II is a moderate concussion.

How long does post concussion syndrome last?

The condition can last anywhere from weeks to months. It doesn’t occur in everyone who gets a concussion and it’s often more severe in those with previous head trauma.

How much does whiplash cost?

According to the Bone and Joint Initiative, hospital bills for whiplash or neck-related injuries cost $52,900-$97,400 in 2013. If you choose to file a whiplash injury claim, you have good financial reasons to do so. That’s because the average bodily injury claim filed through car insurance paid just $18,417 in 2019.

How Do Lawyers Calculate Your Whiplash Claim’s Value?

First, they’ll start with the body damage to your car (if any). Then, add up all your medical bills and unpaid time off work. Finally, they’ll look at things like expected future medical expenses until you make a full recovery, plus pain and suffering. Remember when we told you as many as 1 in 4 people still have whiplash symptoms 12 months later? Your attorney will factor in things like another year’s worth of physical therapy sessions, if needed. Essentially, triple the medical bills and car repair costs you have now to calculate your settlement amount.

How much does insurance cover?

According to National Highway and Traffic Safety Administration (NHTSA) data, insurance covers just 54% of costs, on average. Lawyers don’t charge 50% in legal fees, no matter what type of claim you file. Even after you pay legal fees, you’ll receive up to 3.5x more cash than you would settling through insurance.

How many car wrecks result in neck injuries?

Studies show more than 800,000 car wrecks each year result in neck injuries. Most come from rear-end collisions, and 20%-25% of patients report pain and other whiplash injury-related symptoms 12 months later.

Can you get a whiplash settlement without a lawyer?

You won’t get an accurate or fair offer for a whiplash injury without a lawyer stepping in. In most cases, settling with insurance only pays off when you have minor car repairs to make and no injuries.

Can you get punitive damages for whiplash?

Finally, if the person who rear-ended or hit you is 100% at fault, you may also get punitive damages. It’s not standard for most whiplash cases, but your lawyer will decide after reviewing your claim. If you do qualify for punitive damages, you could receive as much as a six-figure cash settlement.

Does whiplash insurance cover pain and suffering?

Pain and suffering damages can also cover other expenses related to your whiplash diagnosis that car insurance typically doesn’t cover. For example: If you have PTSD from your accident or injuries, your lawyer can figure in the cost for counseling. Need to do physical rehab during your workday, but out of PTO? Your damages can put money towards taking unpaid days off for those treatments as well as childcare and travel costs. Finally, if the person who rear-ended or hit you is 100% at fault, you may also get punitive damages. It’s not standard for most whiplash cases, but your lawyer will decide after reviewing your claim. If you do qualify for punitive damages, you could receive as much as a six-figure cash settlement.

How much is the average verdict for a head injury?

The plaintiff’s credibility is crucial in a head injury lawsuit to receive a just settlement or verdict. According to one prominent attorney, the average verdict for head injuries involving headaches is $72,100, with a median verdict of $13,300. To put that in context, this attorney states the average award in a personal injury case is $791,000.

How many types of concussions are there?

Types of Concussions Caused by Auto Accidents. There are three types of concussion that can be caused by car accidents: Grade 1: You do not lose consciousness, but you may have short term amnesia of 30 minutes or less. Grade 2: You have a loss of consciousness, and amnesia may last from 30 minutes to a full day.

What is the most common type of head injury?

A concussion is a type of head injury that may also be referred to as a traumatic brain injury (TBI). It is caused by a blow to the skull or violent shaking in an accident. The brain slams into the inside of the skull and can cause serious injuries and consequences. Concussion is one of the most common types of injuries in car accidents. Some of the health problems that can stem from concussions and head injuries include:

What is a TBI in a car accident?

TBI is not just one injury, but a range of injuries that describe several types of brain damage. Below are the most common car accident head injuries. The specific type of TBI will determine the symptoms the accident victim experiences, and their prognosis.

What is the term for a head injury that occurs when the head hits something in the vehicle?

Coup-Contrecoup. This type of traumatic brain injury also happens when the head hits something in the vehicle. This injury occurs both at the site of impact and on the opposite side of the brain. These serious head injuries occur if the brain moves inside the skull during an impact.

What is a brain contusion?

Contusion. A brain contusion may be referred to as a brain bruise. The brain can suffer a contusion in a car accident when the head strikes the windshield, steering wheel, or another hard object. Contusions often are localized injuries and can be minor or severe injuries.

What happens if you have diffuse axonal brain injury?

If the brain moves quickly inside the skull, it can damage the brain and body’s connection. Fibers in the brain stem can tear, leading to devastating injuries. Many victims with diffuse axonal brain injuries end up in comas.

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