Factors Influencing Your Whiplash Settlement in Georgia

In Georgia, the severity of your whiplash injury can directly affect how much compensation you may receive after an accident. More serious injuries often lead to higher settlements to cover medical bills, lost income, pain, and long-term recovery needs. Insurance companies evaluate these factors when determining the value of your personal injury claim. So, they may be reluctant to offer a fair payout without evidence linking the severity of your injuries to the accident. 

What key factors can influence the value of a Georgia whiplash settlement? Understanding the claim process and how an experienced whiplash injury attorney can help will put you on the path to seeking full compensation.

What Are Common Causes of a Whiplash Injury?

A sudden back-and-forth neck movement typically causes whiplash. The injury gets its name from how the neck’s movement resembles a whip’s cracking. The average adult head can weigh as much as 11 pounds. So, when the head’s weight suddenly moves forward and backward, it can strain and injure muscles and soft tissues and cause severe pain and stiffness.

Rear-end accidents are the most common cause of whiplash injuries in Georgia. These car accidents frequently occur on busy roads and highways. However, whiplash can also happen in other situations, such as sports-related impacts, slip-and-fall accidents, or physical assaults. Unfortunately, even minor accidents at low speeds can lead to whiplash. Consulting a car accident attorney soon after discovering you were injured will help your case.

What Is Necessary to Prove a Whiplash Claim?

Proving a whiplash injury and pursuing fair compensation comes down to evidence. You need to prove that someone else’s negligence caused your whiplash injury and related financial losses, including medical expenses, lost wages, and pain and suffering.

Medical documentation is evidence that can help prove a whiplash injury. So, you must seek immediate medical attention for your injuries, no matter how minor they may seem, and follow your treatment plan. The documentation can include medical records from a doctor or specialist showing your diagnosis, symptoms, and recommended treatment.

Doctors often diagnose whiplash based on physical exams and reported symptoms. Imaging tests like X-rays or MRIs can help rule out other injuries. Also, accident reports, witness statements, and photographs from the scene can help show how a crash or other type of accident occurred.

Finally, keeping track of your expenses and recording your pain, physical limitations, and medical appointments in a journal can help support your claim and demonstrate the injury’s impact on your daily life.

What Key Factors Could Influence My Whiplash Settlement?

Every Georgia whiplash accident case is unique. Several key factors can influence the value of your whiplash settlement.

Injury severity is one of the most significant factors that affect settlement value. Severe injuries may involve extensive medical treatment, longer-lasting pain, and possible limited mobility, often leading to higher compensation. Your medical expenses, including doctor visits, physical therapy, and medication, will also affect your settlement amount.

Another factor that can affect the value of a claim is the income you have lost. Compensation should reflect lost wages or reduced earning capacity due to the injury, which may be significant in severe whiplash cases.

Other factors include how clearly the other party was at fault, the strength of your medical documentation, and whether you experienced severe physical pain, emotional distress, or reduced quality of life as a result of the injury.  Some of the most common factors that play into the value of a Georgia whiplash settlement include:

• Medical expenses
• Lost wages
• Ongoing treatment and other future medical expenses
• Pain and suffering
• Emotional trauma
• Comparative negligence
• Insurance policy limits.

Seeking help from an experienced personal injury attorney is essential after people suffer severe whiplash injuries. An attorney can help you deal with insurance adjusters, calculate your losses, and pursue maximum compensation.

How Important Are My Doctor’s Reports About My Injury?

Your doctor’s medical notes, reports, and diagnostic information are critical to a Georgia whiplash injury settlement. Without medical documentation, an insurer can dispute your injuries, claiming they did not occur as a direct result of an accident, are not as severe as you claim, or are the result of a pre-existing condition. This tactic allows them to deny or diminish the value of your claim.

A doctor’s reports are also crucial. They can help demonstrate how an injury impacts a person’s daily life and work capabilities.

Do Pre-Existing Conditions Affect My Possible Settlement?

A pre-existing condition does not automatically disqualify you from seeking compensation for your current whiplash injuries. However, it can complicate your whiplash injury claim.

Under the “eggshell rule,” although an individual has a pre-existing condition, they can still receive fair compensation for their injuries. It’s because they had no control over their vulnerability. So, if a person harms them, they can still be responsible for the victim’s injuries, even when the victim has a pre-existing condition or is in some way more susceptible to injury.

Insurers and other parties may still attempt to diminish the value of a claim due to a pre-existing condition by claiming that the victim’s additional pain and injuries are not the direct result of the incident. Again, medical documentation is necessary. The documents can help to establish whether the accident caused new damage or worsened an existing condition.

How Long Do You Have to File a Whiplash Injury Lawsuit in Georgia?

Individuals hurt in a Georgia accident caused by another party only have two years from the injury date to file a personal injury lawsuit seeking compensation for their whiplash injuries. Taking immediate action following an incident is important because it preserves your ability to file a lawsuit and helps prevent vital evidence from being lost or destroyed.

Filing a case after the two-year time limit means the opposing side can request the case be dismissed, and the court will likely comply. An individual can lose their negotiating power and their day in court.

Contact a Georgia Whiplash Injury Attorney Today

Many people see whiplash as a minor inconvenience and not a significant injury. However, whiplash can cause chronic pain, mobility issues, and emotional distress. Accident victims deserve fair compensation for their injuries. At R. Alan Cleveland, LLC, our whiplash injury lawyers are here to help.

Because the outcome of each case depends on its own facts and circumstances, there is no “average” whiplash settlement. We have recovered over $150 million on behalf of our clients. You can count on our experienced car accident attorneys to work tirelessly to seek your due compensation.

To get started, contact our Athens personal injury lawyers today and ask for a free consultation about the specific facts of your whiplash injury case.