What is the Average Settlement for Whiplash in a New York Car Accident?
You’ve been in a New York car accident. You were hurt. Maybe other people in your car were hurt as well. It is important that you seek medical treatment immediately following an accident. You can suffer all sorts of injuries including whiplash. Whether you were rear-ended or hit head-on, you likely suffered some form of injury.
Buffalo, NY law allows you to file suit for both actual damages and pain and suffering. This means you can sue for two things:
- Actual Damages – These are damages that can be measured. This includes things like lost wages, out of pocket medical expenses and damage to your vehicle. These are easy to prove and are usually paid by the insurance company or individual.
- Non-economic – Other damages are non-economic in nature. They include things like pain and suffering and emotional distress. These are hard to prove and hard to measure.
New York gives you two years to file a suit following a New York car accident. In that two-year period, you should be able to determine what damages you suffered. Some are obvious. However, some are not obvious and will be challenged by the other party.
Average Settlement for Whiplash
One of the harder injuries to prove is whiplash. It is almost impossible to prove with medical records. You have to rely on experts and doctors to testify that the injury is legitimate. This is difficult but not impossible.
Courts recognize whiplash as a real injury. Insurance companies know this. They may be willing to settle out of court. A settlement basically is an agreement between you and the insurance company that you won’t proceed to trial. They agree to pay you one lump sum. You cannot go after them for more money later.
The average settlement in New York for whiplash is $5,900. It is a bit higher in Fulton County. Fulton County whiplash settlements average about $6,500. This is not a ton of money either way. However, it does compensate you for what should be a temporary medical problem.
How Much Is My Case Worth?
A lot of clients feel weird asking this question. We have become such a litigious society that many people feel bad filing a lawsuit. This makes sense if you were not hurt. However, if you were injured, there is nothing to feel bad about.
Asking how much your Buffalo, NY car accident case is worth is an important question. Any experienced attorney is going to ask himself this question before taking your case. Nobody wants to waste their time with a lawsuit that isn’t worth anything.
If your case is based entirely on whiplash, you will probably get a settlement for about $5,000. Your attorney will take his fee out of this settlement. You may have to pay out of pocket medical bills out of the rest. You will not walk away with more than a couple thousand dollars.
If you have other injuries, your case will be worth significantly more. You will have actual damages. You will likely have pain and suffering. How much your case is worth really depends on how badly you were hurt. It also depends on how long your injuries will impact your life.
Call a New York Car Accident Lawyer
Chances are, whiplash is not the only injury you suffered. Most people suffer other damages as well. You may have hurt your neck or back. You may have had injuries to your face or chest. If this is the case, your settlement will be for more than just the amounts above.
Your car accident lawyer will do his best to get you the maximum settlement. However, if your case relies solely on whiplash, don’t expect to get millions. Whiplash is a soft tissue injury. It requires either physical therapy or chiropractic care.
Your insurance company is not going to pay for both types of treatments. They do the same thing so choose one or the other. Otherwise, you will have to pay the additional expenses yourself. Your lawyer will explain this to you once he reviews your case.
If you have been in a New York car accident, call a car accident attorney in Buffalo, NY at Buffalo Car Accident Lawyers right away. You need to make sure you document your case perfectly. Your attorney is going to need complete medical records. He will also need documentation about the accident itself.
When you meet with your attorney for the first time, there are a few things to know. First, bring everything with you. Bring the police report and accident report. Bring the other driver’s insurance information. Give your lawyer copies of any pictures you may have. Call now for a free consultation.