You should receive substantial compensation to make up for the pain and expense of whiplash. This is a serious injury. Many clients suffer whiplash in a car accident when their head stretches too far forward. The soft tissue in the neck is strained and stretched too far, leading to inflammation and pain.
There is no “average” settlement that makes sense in every case. Instead, let’s look at some of the more significant damages you can receive.
Rehabilitation and Medical Care
Unless whiplash leads to cracked vertebrae, there usually isn’t any need for surgery. However, most whiplash victims need some sort of rehab to promote healing. This rehab can consist of physical therapy to stretch the muscles and tendons and reintroduce a greater range of movement. Many whiplash victims also receive massage, which helps reduce pain.
To calculate the value of medical care, you should keep all medical bills and then add them up.
Pain Medication & Other Prescription Drugs
Whiplash causes intense pain. You might be unable to sleep or even leave the house. Fortunately, prescription drugs can help manage symptoms as your body heals. In addition to pain medication, you might receive muscle relaxants, sleep aids, or anti-depressants. Hold onto the receipts which show how much these prescriptions cost.
Accident victims recovering from whiplash often need to miss work. It is simply too difficult to show up every day when you can’t even move your head without wincing.
Fortunately, you should receive lost income or wages. An easy way to calculate is to find your average weekly wage. Then multiply it by the number of weeks you miss due to your injury.
Pain and Suffering
Ohio personal injury law lets accident victims receive compensation for the pain they suffer. This makes perfect sense. A physical injury like whiplash does more than cost money out of pocket. It seriously reduces your quality of life. Because of whiplash, you might be stuck in your house for weeks on end. Instead of playing with your children or going on romantic walks with your spouse, you sit in a chair with an ice pack around your neck.
Unlike the other damages discussed above, pain is hard to put a price tag on. How much is enjoying romantic weekends with your spouse worth? Ten thousand? Fifty thousand?
Although hard to calculate, we have experience estimating the amount you can receive. We will also advocate for you with insurance adjusters so they do not offer too little.
Reduce Compensation by Your Percentage of Fault
Ohio won’t let you get 100% of your damages if you partially contributed to your accident. For example, you might have been speeding through a parking lot when someone sideswipes you. In this example, you do bear some fault for the wreck. If you are 35% responsible, then you’ll get 35% less than you might receive otherwise. If you were more than 50%, however, Ohio law will prevent a financial recovery.
Call Us to Find Out More
Groth & Associates understands how to value whiplash injuries. Contact us to schedule a free consultation with our law firm.