SETTLEMENT VALUE OF WHIPLASH INJURY CASES
How Much Compensation Can You Get for Whiplash in an Accident Case?
Valuing Whiplash Injuries in Accident Cases
Whiplash is a common neck injury that is caused by physical trauma to the neck during sudden acceleration or deceleration causes the neck to snap forward then back. Whiplash is one of the most common types of auto accident injuries. Whiplash is considered a minor (Level I) accident injury. It has a lower average lower settlement value. But not always.
The average jury verdict for a whiplash injury over the last 7 years is $20,000, whereas the median award for a whiplash injury is $7,500. This does not necessarily mean that all whiplash cases are low value. We have seen whiplash injuries result in six figure jury verdicts in some cases.
Factors that Impact the Value of Whiplash Cases:
I. Severity of Neck Injury
II. Proof of Defendant’s Liability
The value of whiplash cases in Maryland is driven by 2 things: (1) the severity of your whiplash neck injury; and (2) your chances of proving the defendant is at fault for the accident. Your case will be worth much more if the defendant was clearly at fault for the accident and your whiplash injury is very severe and legitimately left you unable to work or function for an extended time. By contrast, if there are valid doubts as to who was at fault for the accident AND/OR your whiplash injury was not that serious your case will be worth much less.
Whiplash Settlements & Verdicts
YEAR / STATE
CASE / INJURY SUMMARY
2019 – Mass.
Rear-end collision at intersection. Plaintiff suffered severe whiplash, neck muscle strains, and concussion (with chronic headaches). Treatment limited to physical therapy.
$40,000 – Verdict
2019 – Pennsylvania
Rear-end collision at red right. Plaintiff (75-years-old) suffered concussion and claimed severe whiplash and hypertension, due to the tendons and muscles in his neck being sprained significantly.
$20,000 – Settlement
2019 – Wisconsin
Rear-end collision. Plaintiff suffered whiplash injury which allegedly aggravated prior neck injuries causing chronic pain.
$5,800 – Settlement
2018 – Minnesota
Highway collision with tractor-trailer. 16-year-old plaintiff suffered cervical spine whiplash. She also suffered a concussion with loss of consciousness and claimed post-concussion syndrome with cervicogenic headaches.
$362,000 – Verdict
2017 – Maryland
Head on collision from negligent left turn. Plaintiff did not initially complain of any injury at accident scene, but later claims she suffered whiplash injury. Pre-trial settlement offer is only $13,000.
$87,000 – Verdict
2017 – Washington
Collision resulting from illegal pass at stop sign. Plaintiff suffered concussion and claimed whiplash injury with chronic headaches and vision problems.
$15,796 – Settlement