What Is The Average Settlement For Whiplash Injury?

whiplash injury

Anyone that has ever seen the back and forth movement of a whip when one is used to striking or lashing something understands how rapid and natural that movement is.

While it is natural for a whip to move in that manner, it is not natural for the neck of a human being to move back and forth so easily and naturally.

The term whiplash is used to refer generally to neck injuries resulting from a sudden, rapid ‘whip-like’back and forth movement of the neck outside of its normal range.

The major cause of whiplash is motor vehicle accidents with a number of cases also being reported as resulting from sporting injuries and industrial accidents. Victims experience stiffness and pain in the neck.

The more serious the injury the more intense is the pain. This pain often extends to the upper back, the shoulders and the arms.

Claims for Damages

As with other accidental injuries, people who suffer whiplash because of the negligent acts of others have a right to claim compensation.

The amount of settlement paid out is dependent on a number of factors, chiefly the seriousness of the injury, the estimated recovery period and the possibility of causing some form of permanent incapacity.

The State in which you file your suit also matters. In Florida for instance, damages for whiplash injuries are only awarded if they cause permanent injury or disfigurement or the loss of a significant bodily function.

Average settlement Amounts for Whiplash

Simple injuries to the neck that do not cause anything beyond soft tissue injury attract awards of between $ 2,500 and $10,000. Moderate to serious injuries may entitle one to between $10,000 and may go up to $100,000.

When whiplash injury is very serious and affects other central parts of the body such as the head or the spine, awards may go over $ 100,000. Extremely severe cases may attract awards of up to $ 1,000,000.

On the national average, whiplash injuries fall between moderate to serious. For this reason, the average settlement amount for a whiplash injury usually falls between $ 10,000 and $50,000.

It is noteworthy that there are States whose laws require drivers to carry personal protection insurance polices. These policies cover the initial medical costs incurred in case an accident occurs and the driver sustains injury.

In such States, an example of which is Florida, there would be no use in litigating a claim for a minor neck injury because it is fully covered by the personal protection insurance.

Conclusion

The point to note in claims for compensation for whiplash injury is that every injury is different from the other. Additionally, two people may sustain the same injury but suffer different consequences.

For instance, an old person’s injury may not heal as quickly as a young person’s injury might. Also, one of the victims may have had a pre-existing weakness or illness which might significantly worsen the effect of the whiplash.

This is to say that the amount of settlement paid out is to a significant extent also determined by the circumstances of the person injured.

Generally, however, the award should include compensation for pain and suffering, loss of earnings and medical expenses.

What Is The Average Settlement For 18 Wheeler Accident?

18 wheeler accident

What is the average compensation amount for 18 wheeler accident? This is a common question asked by those who’ve ever been involved in a truck wreck.

Unfortunately, finding a medium figure is not the most appropriate way of realizing a possible settlement for your case. That is because the settlement value of every truck wreck usually relies upon unique facts and circumstances.

You simply can’t gather all figures from 18 wheeler accidents in an area and average them all up. The attained figure wouldn’t have any meaningful connection to the case at hand.

Even insurance companies don’t have an exact formula for calculating the value of a truck accident settlement amount. If the only thing that sustained was the truck injury, then they’ll probably reimburse you based on policy limits.

What’s the best way to figure out a viable settlement?

Working with an experienced truck accident lawyer is the best way to come up with a feasible amount for your individual case. It is important to understand that an 18 wheeler accident lawsuit is different from other car lawsuits because it is more severe.

In addition, there are federal laws and regulations that govern the compensation of a truck accident. That is why it is important to contact an attorney well versed in trucking litigation and negotiation. They will help you calculate a viable settlement offer.

What are the factors that could affect the value of your claim?

The potential value of a truck accident case is dependent upon the following things:

The extent of injuries

The more extensive and permanent your injuries are, the higher the damages. The value of your claim will include aspects like pain, suffering and the amount of medical bill at the time of settlement. Future medical expense and rehabilitation are also calculated.

Loss of earning capacity

Your claim will also be calculated based on lost wages. This largely relies on what your salary rate was at the time of the accident. If you’re unlucky and the injury leaves you permanently disabled, then your attorney will have to calculate your future earning capacity.

The strength of a legal team

Believe it or not, the type of attorney you hire on your legal team can affect the final value of your settlement. One of the biggest reasons why insurance companies pay out less than they are supposed to be when they believe they can beat an otherwise strong case.

This just proves that it is important to hire an experienced truck accident lawyer.

Conclusion

You now have a clear understanding of what to expect as you evaluate various options for your claim.

It is important to note that truck crashes are extremely complex and that is why this article can only provide a general sense of direction on how lawyers and insurance companies generate possible claims.

If you’ve already forgotten everything else we’ve mentioned, try and remember this, there’s only one way of getting a full assessment of the value of your case. That is to visit an experienced truck wreck attorney.

What Is The Average Settlement For Car Accident?

car accident

You’re involved in a car accident. You get personal injuries yet it’s not at your fault, then you have to be compensated for the injuries suffered, losses incurred and the future losses estimate.

You’re not at fault for the accident. To confirm that you’re not at fault, the following issues are considered for clarification:

  • How you percept the details of the whole accident.
  • The statements of the first responders or witnesses basing on how they percept the accident facts.
  • The photos that were taken from the crash scene.
  • The law enforcers make a report. Do the results favor your innocence?
    If the other driver admits his/her fault in his/her statement.

How should you be compensated for a car accident impacts?

The very challenging question is, how much should you be compensated by the insurance company?

You should not rush to any conclusion before completing the treatment and getting or involving an experienced lawyer because the insurance company will rush to you for an offer which may seem as some valuable stuff but yet in most cases it’s not and you have to get more than that. Before you accept anything, first consult and involve your lawyer.

Parts of a car accident settlement

For you or the judge to come up with a final amount that you feel suits the case, have to put the different pieces together as a requirement.

The medical bills you cleared

Because of the accident, you suffered either minor or serious physical and psychological injuries, you had to pay the doctor for the treatment of the injuries and corresponding medical requirements for you to recover fully.

The bills are postpaid but for recurring or permanent injuries, these bills can be pre-paid as estimates.

The auto repair expenses

Remember, your car was damaged, it has to be repaired and you paid the auto garage expenses fully. You must keep all the receipts safely as evidence for the expenditure.

The loss of income due to absence at work

You have to sit down and calculate how much you could earn daily if you were at work during the time you’re unable to work because of the accident plus the other incentives or promotions you would have got if you were at work during that period when you were not.

The severity of the accident

You have to look at how severe the accident was and the injuries suffered. This is associated with the pain and suffering that you pass through. How the injuries affected your ability to work?

The duration of the injury

The above paragraph talks about the severity of the injury, but you have to look at how long has it taken for the injury to heal or how long have you taken getting treatment for the injuries.

How to calculate the car settlement amount for your case

Putting the pieces mentioned before together, we can come up with the estimated amount but it’s not the final since the insurance company can plead or the judge can adjust or reduce it based on the circumstances.

In most cases, law firms advise you to get the sum of medical expenses, auto repair expenses, income losses, and other treatment expenses, multiply the total by 2, 3 or 4 to cater for the suffering and pain.

What is the average settlement amount for a car accident?

The average settlement amount for a car accident is not established as of yet because there are no accident settlement cases which are identical. Every case is different from the other, therefore different compensations.

Two people can be involved in the same or identical accident, get different or similar injuries but later on get different compensations.

The settlement amount range from $500 for minor cases to $110, 000 for very serious cases but this high compensation rarely occur.

We could use the above range to get the medium but it won’t be the case because the highest value has a very rare occurrence. Let’s base on the law firms data collected based on the previous cases handled.

Basing on the data collected by various law firms in the US, the car accident settlement ranges between $14,000 and $28,000 for most common accidents.

What Is The Average Settlement For Medical Negligence?

medical malpractice

A medical malpractice lawsuit is a very common phenomenon. Despite the rise in these particular cases, the number of lawsuits that get a settlement is very few.

It has also been noted that the payout for medical malpractice has increased gradually throughout the year. Despite the rise in numbers, it is nearly impossible to find an attorney who will take a medical negligence case.

This is simply because the probability of getting a settlement are very minute not unless the victim has a solid case in which the jury will be considered biased to overlook.

What is a medical malpractice settlement?

If you or your loved one was injured during a medical procedure, a mistake that could have been avoided if the doctor was keen enough then that is what is referred to as medical malpractice or medical negligence.

Once the court finds out that what you are claiming is true. The hospital in question will be required to pay you a certain amount of money which is referred to as the settlement, for the loss you have incurred or the damage that has been caused.

This money is supposed to serve for the pain and suffering you have endured as well as the amount of money you have lost in the attempt to sustain yourself with the condition.

Example of medical negligence that has received a settlement. Over the years, there has been a number of medical negligence that has received settlement after the hospital in charge was found guilty. Such scenarios that have been considered as medical negligence include:

  • A woman died after being given the wrong blood by the hospital.
  • A patient suffers kidney damage after a doctor fails to properly monitor the warning signs of kidney damage
  • Traumatic birth of a baby after the hospital failed to provide oxygen during delivery thus ending up having cerebral palsy.
  • Negligence of management of baby’s breathing tube that led severe brain damage.

The lists go on and on. Basically, before settlement, the jury will have to figure out if the case deserves a settlement and if yes, how much should the settlement be.

What is the settlement amount of medical malpractice?

The answer to this question is not that specific. This is because there are a number of factors to be considered before the judge and the jury arrives at a particular figure.

Some of the basic factors that will be placed under scrutiny are the type of damage the medical negligence has caused to the victim.

They will then determine how the condition is likely to affect the victim in future then lastly they will figure out how much the victim has suffered because of the condition.

After these factors have been determined, a figure will be given by the court. So far, according to analysis, the average amount awarded by the court is about $425,000. The amount can hardly go above $1milllion.

It has been notated that in most medical malpractice cases, it is much cheaper to settle. The patient involved on the other hand will need a very good attorney who will give a compelling argument to enable the victim to get compensated for his/her misfortunes.

What Is The Average Settlement For Post-Concussion Syndrome?

post-concussion syndrome

A mild traumatic brain injury, a concussion happens when one gets a blow to the head. It may also occur when someone’s head and the upper body are shaken violently.

Many people think that the condition is uncommon and that it only happens in football and fights.

However, you may suffer from it if you are engaged in an accident, a bad fall, medical negligence (misdiagnosis and consequently, wrong treatment) and criminal assaults.

Signs and symptoms of the post-concussion syndrome include

  • Dizziness and fatigue – Approximately 90 percent of people with post-concussion syndrome (PCS) experience fatigue.
  • Anxiety, memory loss, decreased concentration, and irritability
  • Blurry vision and insomnia/sleep disturbances –about 40-75 percent of people with the post-concussion syndrome may suffer from sleep disturbances and other sleep challenges.
  • Ringing in the ears
  • A decrease in smell and taste (although it happens on rare occasions)
  • Sensitivity to noise and smell – at times, even the quietest of noises may sound irritating to a person suffering from this condition.
  • Tension headaches or migraines – as many as 90 percents of post-concussion syndrome patients suffer from headaches or migraines. Most of these headaches are chronic.
  • Slow or delayed thinking – a common symptom in people who have suffered head injuries, delayed thinking may happen within the first three months after the occurrence of a concussion.

A person is said to suffer from post-concussion syndrome (PCS) if the symptoms remain for several weeks, months or even beyond one year following the concussion. It is estimated that 10 percent of individuals who get concussions, go on to suffer from this complex condition.

What is the average settlement amount for post-concussion syndrome?

Just like other diagnoses, one can only claim damages for PCS injury if the doctor is convinced that the personal injury is due to the accident cited as the basis of the lawsuit and he will include that information in his medical report.

In that case, if you believe that the condition was caused by the accident, yet your doctor thinks otherwise, you lack sufficient grounds to claim for damages.

Besides being able to show that you are indeed going through the pain and suffering caused by the concussion, and after that post-concussion, all your treating physicians must agree in their medical reports that the cause of your condition is the accident. Jurors love it that way, and they will make their judgment based on that.

How much is the settlement money for post-concussion syndrome? The amount you get is usually dependent on several factors such as the severity of the injuries and the cost of treating the symptoms linked to the injury.

On average, compensation for brain damage and moderate PCS ranges between $2010 and $11,640. On the other hand, more severe injuries might attract a higher compensation ranging between $13,980 and $368,400.

Unfortunately, post-concussion syndrome might advance into other serious problems such as psychological and psychiatric problems, and at times, epilepsy. In case a patient of PCS develops any of these health issues, the damages are included in the claim.

If your doctor has ascertained that you are indeed suffering from PCS, then you have a right to a claim. Speak to a qualified personal injury lawyer to help you take the necessary steps.

What Is The Average Settlement For Wrongful Dismissal?

wrongful termination

Losing your job can be an extremely painful event, devastating and disheartening, to say the least. The thought of that paycheck not arriving the next month can cause some individuals to feel lost and depressed, with no knowledge of how they will possibly move forward.

Fortunately, for every individual, there are some laws that protect them against wrongful termination or dismissal, and these laws are in most states around the globe.

What is wrongful termination?

Before we delve deeper into the settlements. we must first scrape the surface and get a slight understanding of what exactly wrongful dismissal is.

Most companies must eventually undergo the process of terminating an employee(s). While sometimes the reason for dismissal may be justified, for example, employee misconduct, etc.

There could be times when an employee dismissal is not justified, maybe the company is not generating enough revenue, and would have to lay off employees.

Despite some employees handling the dismissal and ‘moving on’, others can take the matter to legal terms, responding with immediate legal action against the company involved.

How exactly is wrongful termination defined?

Wrongful termination‘ is an act clearly defined according to the law. There are one out of two conditions, that indeed must be met for a ‘wrongful dismissal’ to be considered. The conditions are:

  1. An employer must have fired an employee in a manner that breaches the contract that was signed by the employee. For example, on the contract, it clearly states one cannot be terminated for arriving late to work, however, that individual is terminated for that same reason. This is considered a breach of contract.
  2. The second condition is one that involves a countries federal, or state employment laws. In some cases, these laws may vary between the states, though there are three main ways a dismissal may be considered ‘wrongful’ and they are as follows:
  • The employee is a whistleblower. This simply means that a particular employee has exposed your company of illegal activities and business practices, sexual harassment etc.
  • The employee is dismissed for exercising their legal workplace rights such as taking maternity leave, making use of their contracted medical leave days etc.
  • Employee dismissal due to discrimination. This occurs whether it is gender, age, religion, or racial discrimination, any form of dismissal through discrimination is considered ‘wrongful termination’ in the eyes of the law.

When all the reasons mentioned above are combined together, this can result in large settlements costing the company involved large sums of money. Hundreds of thousands or even millions, depending on the cases presented, and the number of individuals involved.

Therefore, What is the average settlement amount for wrongful termination?

The most costly and time-consuming losses facing most corporations are employment claims and lawsuits. In fact, in the past 5 years, there have been 6 out of 10 employers facing employee lawsuits.

Employee lawsuits are expensive, and on average, an out of court settlement would cost a company approximately $40,000.

However, if the company decides to take the matter to court, then the average settlement fee would be pushed up to approximately $45,000. Per employee.

In conclusion, all the laws made against wrongful dismissal were indeed established to help employees from such unlawful acts from corporations.

They were to protect employee rights when in a workplace, ultimately providing better job security for each individual in the working-class.

Over the years, this has helped employees feel more secure, with the knowledge they can act on such rights and laws if they felt they needed to.