Getting a Larger Settlement for Whiplash Neck and Back Injuries

Injury to the soft tissues of the neck that include the muscles, tendons and ligaments of the neck is known as “whiplash.” It generally refers to soft tissue injuries such as a neck sprain or strain. Whiplash often occurs in car accidents when the neck moves rapidly back and forth due to the force or impact of the collision.

It is also interesting to note that whiplash injuries may not become apparent soon after the crash. Symptoms such as headaches, dizziness, stiffness of the neck or a burning or itching sensation in the neck, shoulders or arms, may not even surface for days after the accident. In more severe cases, victims may experience symptoms such as fatigue, lack of the ability to focus and even memory loss.

Determining the Value of a Whiplash Case

As Rhode Island auto accident attorneys we understand that it can be challenging to get larger settlements in whiplash injury cases. If an individual has suffered a neck strain or sprain, it is typically not considered a serious, severe or long-term injury. Strains and sprains often heal with some rest and treatment. In personal injury cases, there are usually two types of damages. There are damages such as medical expenses and lost wages, which you can calculate exactly. And then, there are damages such as pain and suffering on which you can’t put an exact price.

Negotiating a Settlement

The amount of settlement you can expect in a whiplash case often depends on the nature and extent of the injuries. In whiplash cases, pain and suffering caused by soft tissue injuries can range from slight and temporary to severe and permanently disabling. In severe cases, victims may incur hundreds of thousands of dollars in medical bills, rehabilitation costs, medication, acute nursing care and lost income and benefits.

Soft tissue injuries can have long-term consequences as well. Chronic back pain, for example, may last for several years after what may have seemed like a minor rear-end crash. Whether a larger settlement is obtainable in a whiplash case will depend on the plaintiff’s ability to prove fault and liability, substantiated by medical records, which show evidence of permanent or long-term physical impairment.

Do Not Rush to Sign an Agreement

As the victim, it is important that you remember not to rush into a settlement with the other party or his or her insurance company. The first step for an accident victim is to contact an experienced Rhode Island personal injury attorney who has successfully negotiated larger settlements in whiplash cases. Talk to your lawyer before signing any papers or agreeing to a settlement. When you sign an agreement, your case is closed and you may not be able to get any further compensation for your accident- or injury-related expenses. With soft-tissue injuries, patients often need long-term treatment and care. You may need to continue physical therapy or chiropractic care, for which you may have to pay out of pocket. Until you have a comprehensive view of the damages you have sustained, do not agree to a settlement. Your injury lawyer will be able to advise you regarding your legal rights and options.