Archive for injured in car accident

What Is the Average Whiplash and Concussion Settlement?

A car accident can leave victims with painful injuries that affect their lives in almost every way. It also means they face extensive medical bills and long treatment times that keep them from working. Two of these common car accident injuries are whiplash and concussions.

If you’re one of the millions of people who are suffering from whiplash or concussion after a car wreck, you’re probably wondering how much a legal claim may be worth. Here’s what you need to know about claim settlements for these types of injuries.

What is whiplash?

Whiplash is a common injury after a motor vehicle collision that results from the neck being snapped forward and then backward quickly and forcefully. It affects the muscles, nerves, and spinal joints in the neck—causing pain and numbness. Common symptoms include:

  • Shoulder and back pain
  • Stiffness in the neck
  • Headache
  • Dizziness
  • Arm numbness and tingling

What is a concussion?

A concussion occurs when there is an impact that causes a sudden back and forth movement of the head and brain. The brain will often bounce against the skull, causing a brain injury known as a concussion.

Concussions are considered to be a traumatic brain injury (TBI) and can cause:

  • Pressure in the head
  • Dizziness and balance issues
  • Nausea and vomiting
  • Feeling sluggish or confused
  • Memory or concentration issues

What is the average car accident whiplash or concussion settlement?

Whiplash and concussion settlements can vary greatly depending on the severity of the injury and the impact it has on the victim’s life. On average, a minor car accident whiplash claim can settle anywhere from $10,000 to upwards of $100,000.

However, a more catastrophic case of whiplash or concussion can settle for $1 million or more. Again, it varies based on how the injury affects the victim and for how long.

What factors affect the settlement amount?

Several factors can affect an injury settlement amount that fairly represents the accident victim’s losses. You may be able to claim compensation for the following damages after suffering whiplash or a concussion:

  • Medical bills
  • Property damage
  • Surgical and treatment expenses
  • Lost wages
  • Future medical care
  • Pain and suffering
  • Permanent impairment

The more severe the injury, the more you can expect in a legal settlement. This also applies to the pain and suffering you’ve endured as a result of the accident. Typically, pain and suffering compensation is commensurate with actual financial losses.

Speak with an experienced car accident attorney to see if you qualify to take legal action for your whiplash or concussion injuries after an accident.

What You Must Know About Car Accident Lawsuit

What You Must Know About Car Accident Lawsuit

Have you or your loved one been injured in a car accident? Filing a lawsuit may be in your best interest. However, it would be wise to understand your rights before moving forward. Take note of timelines and legal requirements to ensure you get the best compensation for your personal and property damages.

The Deadline for Filing Your Car Accident Lawsuit

Each state has unique laws and deadlines. They determine how long legal proceedings should be initiated after a car accident. This timeline is a statute of limitations. It is the maximum timeline for a party to go to court and initiate legal proceedings. This typically takes one to six years.

The deadline for filing your claim isn’t the same as filing an accident claim under your insurance. Most policies require that you make claims as soon as possible. Reach out to your insurer for more details of your policy requirements.

Should You File an Auto Accident Lawsuit?

Many car accident lawsuits can be settled before filing the lawsuit. Most of them are settled before a court hearing. You typically have the opportunity to settle your claim before filing a lawsuit. This way, you can avoid expensive legal costs, litigation stress, and time.

However, you may need to go to court if there is a dispute over critical evidence. It could include proving the plaintiff’s guilt or the extent of their injury. Many states have negligence laws. In other words, the insurance company that caused the accident must compensate for the damage.

Twelve states have no-fault laws. This is to say that your insurance should cover your injuries regardless of who is at fault. However, sometimes it is necessary to sue the perpetrator of a traffic accident. You may receive lower settlement offers that do not cover all property damage and personal injury costs. The offer may not take into account actual and projected long-term medical costs. You should file a lawsuit if your loved one died wrongly in an accident.

Potential Damages In a Car Accident

If you file a lawsuit, you could receive compensation for:

  • Permanent disability and disfigurement
  • Medical expenses
  • Pain and suffering/mental anguish
  • Property damage
  • Lost wages/earning potential
  • Loss of affection or companionship from a spouse

The amount you receive in damages for a car accident depends on the extent of property damage or severity of your injury. The more severe the injury, the higher the compensation should be.

Mild soft tissue injuries, for example, will fetch less compensation than concussions. In addition, soft tissue injuries may be more difficult to establish than broken bones.

 

Injured Woman Sues Police after High Speed Chase

Wilkes-Barre, PA

A Pennsylvania woman is suing both the city and two local police departments after being severely injured in what she claims was a mishandled car chase. During a Friday afternoon rush hour back in November, 2014, Donna Jackson’s car was allegedly struck by the vehicle of another victim of the three-car pile-up, sustaining what she claims are serious injuries.

The chase began after (now convicted) Douglas Johnson, 54, stole a 2007 dodge sedan from a local gas station. Several days later, local police spotted Johnson driving the stolen vehicle, and tried unsuccessfully to make him pull over. Sources say that Johnson then drove “dangerously and erratically,” over streets and sidewalks, with the police in hot pursuit. The chase ended when Johnson drove through a red light at the Wilkes-Barre intersection of River and West Market Streets, hitting a bystander’s car, which then hit the plaintiff’s vehicle. Jackson’s complaint states that, “Despite Johnson’s ‘aggressive driving actions,’ [the police] pursued Johnson, exceeded applicable speed limits, disregarded traffic signs and signals, failed to follow the rules of the road, and improperly pursued Johnson Jackson-high-speed-pursuit-quotethrough residential neighborhoods and commercial districts — on a Friday afternoon during rush hour.”

Jackson asserts that her alleged injuries, including “a traumatic brain injury, brain bleeding, memory loss, herniated disks, sight problems, and pain,” occurred as a direct result of police “improperly initiating and negligently maintaining the high-speed pursuit of Johnson in a manner inconsistent with policy, procedures, and law.” An affidavit filed by the police pursuer, Hanover Township police Officer Thomas Farver, primarily agrees with Jackson’s account of the geography and circumstances of the chase, but Jackson’s lawsuit goes further in assigning blame to the police for “improperly” entering the high-speed chase.

Representatives for the defendants, including spokeswoman for the city of Wilkes-Barre, Tyler Ryan, and Hanover Township police Chief Albert L. Walker, have not publicly commented on the lawsuit, each citing the grounds that it would be “improper” to comment on “pending litigation.”

The lawsuit, presented by Jackson’s attorney, Neil T. O’Donnell, seeks damages over $50,000 for what she claims has been a grueling process of medical treatment for her sustained injuries, as well as lost income, pain, and suffering. The complaint indicates that a full-recovery might not be possible for Jackson.

7 Tips if You’ve Been Injured

Many people feel that America has become too eager to sue. Those same people often change their minds when they are faced with mounting medical bills and they must miss work or live in constant pain because they have been injured through the negligence of others.

It is not fair to have your life path changed, perhaps permanently, because someone else was delinquent in some way. Here are seven tips to guide you in finding someone to offer legal advice if you have been injured through the negligence of other people:

  1. Use referrals to find a good personal injury attorney. Not all attorneys have the same skill set, so talk to people and find the best attorney for your case.
  2. Don’t just assume that your injury was just one of those things. The legal definition of negligence is best decided by a legal professional. Most don’t charge for an initial consultation. Find out if your injury falls under a category of negligence before giving up and moving on.
  3. Consult a physician as early in the process as possible. Have documentation that your pain and suffering were caused by a specific situation so your attorney can link your discomfort to the event. It is in some people’s nature to try to tough things out when injured. An injury when someone else is to blame is not the time to do that. Delaying a visit to a doctor could give the other side evidence that the injury happened at a later date.
  4. Work upon the advice of your attorney to determine the amount you should seek. Sometimes the injured person either believes an injury might be an ATM, or they might only consider actual medical bills. An experienced attorney can guide the injured part by evaluating medical bills, work missed at the time of the injury and in the future, pain and suffering, and possibly altered lifestyle and level of negligence by the other party. All of these issues are important in finding an amount to pursue.
  5. Don’t speak to the at fault party’s insurance company until you have retained an attorney. Consider the job of the other side’s attorney: They seek to make as few and as small payments as possible. They will ask questions that sound innocent to a layman, but can influence the amount their client has to pay in the event their client is at fault. Don’t believe a conversation with an insurance company is something you can handle without an attorney to accompany you.
  6. Ask your attorney if they will be the person handling your case, and if not, ensure the person who will be handling the case has done this kind of work before.
  7. Find out how much of a settlement your attorney will take. You need to have the attorney’s share clarified before signing on with them, and find out if you owe money if you are not awarded money by the court.

No one wants to be hurt. If you are, there are contingencies that will allow the injured party to receive compensation to protect themselves and their loved ones. If you find yourself in that situation, seek out a qualified attorney before you go forward.