How Whiplash Claims Work and What They Are Worth

Whiplash claims are very common in the US, and hundreds of thousands of victims file insurance claims yearly. Whiplash is a neck injury caused by sudden back-and-forth movement of the head, which often occurs from the impact of a car accident. 

Interestingly, even a rear-end collision that appears minor can cause whiplash. And while there may be no broken bone or tendon in the neck, whiplash injuries can be a major source of discomfort that disrupts daily life and work. And because of the simple fact that there’s usually no broken bone or physical evidence, insurance companies contest the legitimacy of whiplash claims a lot. 

You’ll learn how to navigate such pushback in this guide.

How to Know Whether You Have a Whiplash Claim

To know whether you have a legitimate whiplash claim, you first have to know what whiplash is.

Whiplash most commonly occurs in rear-end collisions where your head snaps backward and forward rapidly with intense force. This movement strains the neck muscles, ligaments, and tendons.

Symptoms of whiplash include:

• Neck pain
• Stiff neck
• Recurring headaches
• Pain in the shoulder or upper back
• Fatigue
• Blurred vision and dizziness

In severe cases, whiplash can disrupt your sleep and even cause memory problems. Not to mention the chronic pain that persists for months and years.

In essence, whiplash does not always fall under minor injuries, and you should never head into car insurance claim negotiations with that mindset. It could be a costly mistake.

Whiplash symptoms do not always manifest immediately after the accident. The headaches, neck pain, and blurred vision may show up days later and grow in intensity, becoming chronic over time. 

So, if you accept an early low settlement offer thinking the accident was minor, you permanently lose your rights to seek compensation later when you’ve realized the severity of the accident’s impact on your life.

It’s worse because you can’t always prove your whiplash claim with an X-ray. Unlike most bodily injuries and TBIs, whiplash does not always show up on standard imaging. You’re the only one experiencing the pain. This makes it easy for the insurance company to claim you’re exaggerating the impact in order to take home more money than you deserve.

So how do you navigate that? How do you give your whiplash claim a better chance of victory?

How Whiplash Claims Work: Optimizing Your Chances

You file a whiplash claim against the insurance company of the at-fault driver, or your own insurer if you live in a no-fault state. 

But before drafting any letter, here’s what to do to optimize your chances: 

Seek Medical Evaluation Immediately After the Accident

You might not feel much pain right after the collision. But that dull sensation you feel, don’t brush it off as nothing. Report the accident to the local authorities and see a doctor within 24 hours.

Medical records are the first and most important piece of evidence in car accident claims. And here’s why: Medical records connect your injury with the accident.

The longer you wait to see the doctor, the easier it is for the insurance company to deny your claim. They can argue that, since you only went to the doctor 7 days after the accident, your injury could have happened in your house long after the accident, and you’re conveniently trying to pin it on an innocent driver for the sake of insurance money. It becomes your word against theirs.

Reach Out to The Insurance Company

Report the accident to the insurance company, stating where and when it happened. Do not answer any further questions. Do not request or accept an amount. Tell the adjuster you’re seeking medical evaluation and will reconnect when you have a clearer picture.

Adhere to the Treatment Plan

You have to attend all medical appointments. Failure to do so means the insurer can claim that your injuries are not as serious as you claim. If they were, you’d have taken treatment seriously. Beyond the claim itself, treatment is crucial for your recovery.

Keep Record of Everything 

Every visit to the clinic, chiropractic care, prescription, and expenses you incur resulting from the whiplash injury, ensure you document them. Keep all receipts. Keep track of every missed work day. Journal your pain levels daily. Describe how it’s affecting your life and work. Your pain and expenses will factor into your whiplash claims calculation.

File the Claim When You’ve Stabilized 

When you’ve reached a point where further care (and expenditure) isn’t required to improve your condition, calculate the sum of all you’ve spent, and send a Demand Letter to the Insurance company. Expect pushback because whiplash claims are among the most fiercely contested since there’s no imaging scan to prove them. You’re diagnosed based on the symptoms you mention. And that’s why your doctor visits and treatment documentation are crucial. Expert testimony from medical experts may be called upon to support or debunk your claim.

How Much is Your Whiplash Claim Worth?

The worth of your whiplash claim depends on the severity of your symptoms. Whiplash that resolves within a few weeks typically settles for $2,500-$10,000, while those that disrupt life for months and require therapy can reach up to $30,000. If the whiplash results in nerve damage and chronic pain, you can expect payouts ranging between $35,000 and $70,000. 

To calculate the value of your whiplash claim, add up your medical bills, lost earnings, and any other expenses resulting from the injury. Depending on the severity of the symptoms, that sum will be multiplied by a number between 1.5 and 5 (this number is called a Multiplier), depending on how much pain you’re experiencing.

Remember, insurance companies are not happy giving out money, so expect them to argue that your symptoms are not as severe as you claim. To protect your rights, it’s often smart to go into these negotiations with a car accident lawyer in Chicago by your side. They know how whiplash claims are valued and have experience dealing with insurance companies—experience that you lack. 

Insurance companies will try to take advantage of your lack of experience, but with a seasoned attorney by your side, the playing field is leveled. 

Key Takeaway

Whiplash claims work like most other personal injury claims. However, the main challenge with whiplash claims is the lack of physical injury to back them up. This gap creates room for contention from the defendant. Your best bet to secure a fair outcome is to seek treatment early, avoid early settlements, consult a car accident attorney, and file the claim only when the full extent of the whiplash symptoms is known.