Because whiplash is a common injury in motor vehicle crashes, these injuries have been the subject of literally millions of injury claims. Victims have a lot of questions about how these claims proceed. But one question rises to the top: what is thesettlement value of my whiplash injury case? This article discusses how these claims work and gives you information about the settlement and trial value of these case with example case and average verdict statistics.
First, in spite of the title of this page, Miller and Zois does not handle a lot of whiplash injury cases. Our personal injury firm only focuses on rather serious Maryland accident claims. There are a lot of good whiplash injury cases in Maryland that we will not accept. That said, we do handle whiplash injury cases in Maryland where the injuries are more serious than you would expect. Our law firm still probably handles more than 50 of these cases over the course of a year. But we turn down or refer out to another lawyer most of these cases.
But whether it is us or another law firm, if you have a whiplash injury, you most likely have a viable case in which you can get compensation. If you are a victim, you should research who you think would be the best lawyer for your case. You can also call us to see if we think there is reason to make an exception for you. At a minimum, we will tell you who we think is a good candidate to handle your case.
- Settlements of Personal Injury Accident Claims (information on settlement)
- Insurance Claims Frequently Asked Questions (FAQ) (extensive injury victim FAQ's)
Medical Science Now Understands the Severity of Whiplash
This happens to an extent that is far more common than most people might think. Medical science is beginning to realize this. A new study in the journal Brain Injury, underscores the frequency with which brain injury can occur in whiplash injury car accident cases. The study looked at 1,200 MRIs in neck pain patients and found that those patients suffering from whiplash were more likely to have anatomical changes to the brain called Chiari malformation. In whiplash car injury victims, the bottom part of the brain dipped through an opening in the base of the skull after a whiplash injury, causing a brain injury in 23% of the whiplash cases studied. This translates to a lot more brain injuries from whiplash car accidents than even accident lawyers who are aggressively taking whiplash injury cases ever imagined. So few patients ever get a brain MRI that would uncover a Chiari malformation.
There are also serious neck injuries that linger after whiplash accidents for reasons we just don't yet understand. For all that medical science has accomplished, doctors still don't understand enough about these injuries to the spine to understand exactly why some people have prolonged and permanent injuries from even relatively low-speed car accidents. In these type of case, our lawyers may accept the case if we have an "incredible plaintiff." These cases require two elements: (1) a permanent injury after a whiplash injury accident, and (2) a very compelling story with an extremely strong and credible victim.
The value of whiplash cases in Maryland, or any state for that matter, is a function of two things:
- How much a judge or jury might award you at trial;
- Your chances of proving the defendant is at fault for the accident
More Information on Whiplash Value
The average verdict in "strains" the neck, back nationally measured over a 7 year period is $18,692. The median is $7,500 which means that the very good whiplash cases inflate the value. Obviously, this includes back injuries and not just neck injuries we think of when we think of whiplash. But they are largely comparable type injuries. If you are in Maryland, it is worth knowing the median auto accident verdict is around $12,000.
Key Whiplash Articles