Average Settlement for Whiplash

What Is Whiplash?

Whiplash is a soft tissue injury that occurs from a forceful and sudden back-and-forth jerking of the head. It is common in rear-end car accidents, where another vehicle crashes into your car.

Common symptoms include:

• Neck pain
• Neck stiffness
• Headaches
• Dizziness

Most people recover in a few months. However, others can experience long-lasting chronic pain.

What Is the Average Settlement for Whiplash in Wyoming?

Average whiplash settlement amounts could range from several thousand dollars upwards to tens of thousands, or more in severe cases. For an accurate assessment of the value of your settlement, it is best to speak with a car crash attorney as soon as possible.

What Factors Influence Settlement Amounts?

The average settlement for a whiplash claim will vary depending on various factors, such as:

• The extent of your injuries.
• The impact on your daily routines.
• Insurance policy caps.

How Wyoming Law Affects Your Claim

Some of the following laws could have direct impacts on your settlement and whiplash injury claim:

• Statute of limitations: The clock starts ticking the moment the accident occurred. While you have up to four years to file your claim, there can be exceptions with reduced filing timelines.
• At-fault laws: Wyoming is an at-fault state, meaning the responsible party is liable for the full extent of your losses and injuries.
• Modified comparative fault rule: You can only file an injury claim if you are less than 50% at fault under the modified comparative negligence system.
• No damage caps: Wyoming does not cap economic or pain and suffering damages in most personal injury car crash cases.

How Insurance Companies Evaluate Whiplash Claims

Insurance companies tend to downplay the seriousness of whiplash claims. Since they are soft-tissue injuries, they do not appear on scans or X-rays.

Accordingly, adjusters will attempt to minimize payouts. They will look for delays in medical treatment, pre-existing conditions, or your behaviors or statements you have already made.

They will usually have a “take it or leave it” attitude toward whiplash injury settlements, unless you have legal representation.

How Pain and Suffering Are Factored Into Settlements

Pain and suffering are considered non-economic damages because they do not have a set dollar amount. Typically, the amount of your economic losses, such as medical expenses, lost wages, and ongoing care, is taken into account, and a multiple ranging from 1.5 to 5 is used to calculate compensation for pain and suffering. The multiplier varies based on the extent and severity of your injuries.

Timeline: How Long a Whiplash Case May Take

Timelines for whiplash injury settlement cases can range from several months to a year, possibly longer. Again, it depends on the severity of your injuries and the insurance company’s willingness to reach a settlement.

A typical timeline includes:

• Medical treatment: In most cases, it ranges from one to six months. In chronic cases, it may take longer to reach maximum medical improvement (MMI).
• Investigation and negotiation: While your attorney will conduct an investigation and file your claim quickly, settlement negotiations can take three to six months. Before sending a demand package, it is vital to ensure you have reached MMI.
• Litigation: If a reasonable settlement cannot be reached, the next step is to take your case to trial. Trials can add about another year to the timeline. However, settlements could still be reached at any point before a verdict is returned.

It is also worth noting that the vast majority of whiplash claims are settled without going to trial.

Steps To Take After a Car Accident Involving Whiplash

Report the accident: Call 911 and ensure a police report is filed.

Seek medical attention: While you might not need on-the-scene EMTs, you should still see your primary care physician or go to an urgent care clinic as soon as you are released from the accident scene.

Gather evidence: Take pictures and videos of the crash scene, including road conditions, injuries, and damage to both vehicles. Obtain the contact details for any witnesses.

Exchange information: Exchange information with the other driver.

Do not admit fault: Never admit you were at fault or were partially at fault for the crash.

Do not say you are “fine”: Saying you are fine opens up the door for the insurance adjuster to use this statement against you later. Instead, state that you are going to seek medical treatment to determine the extent of your injuries.

Contact a Wyoming car crash lawyer: Schedule a free consultation to discuss your case, personal injuries, and protect your rights.

Why Legal Representation Matters in Maximizing Compensation

Legal representation matters because it helps even the playing field when dealing with insurance companies and their adjusters. Insurance companies use various tactics to use statements you made against you or say your injuries aren’t severe to limit payouts.

Having a lawyer on your side helps prevent you from making simple mistakes that could affect your whiplash settlement. It also makes sure you understand your legal rights and the accurate value of your claim.

How Bachus & Schanker Can Help

Bachus & Schanker can help with your whiplash injury claim in Wyoming by:

• Valuing your claim correctly, even if the insurance company is saying a lower amount.
• Gathering evidence and witness statements on your behalf.
• Dealing directly with the insurance company and adjuster.
• Not allowing you to be interviewed or make statements to the adjuster without your lawyer present.
• Establishing fault and proving liability.
• Handling complex cases with severe and chronic injuries, as well as Uber and Lyft accidents.
• Offering free case evaluations and consultations.
• Taking cases on a contingency basis, meaning you only pay legal fees after we win.

It never hurts to get honest, legal advice after a car accident in Wyoming, where you have whiplash, before speaking to the insurance company.

Even if you already filed your claim and have a pending settlement offer, get a second opinion before you sign. Once you settle, your case is closed, even if you have ongoing medical expenses or chronic pain.

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