Personal Injury Potential Settlement Values: Whiplash Injuries
Whiplash injuries are generally the result of the head snapping forward and then back again, especially in rear-end motor vehicle accidents. Other similar activities gone wrong can cause a whiplash, such as a roller coaster, skiing, or from a sports injury where you might be accidently hit, kicked, or shaken.
This rapid movement can strain, stretch, or tear muscles and tendons in the neck, causing injury. It can also cause mild to moderate traumatic brain injuries.
The below video is a brief animation of what happens inside the head when a whiplash motion occurs:
In this article, we will take a look at the four classifications of whiplash injuries and historical examples of the personal injury settlement values victims have received:
Potential Settlement: Whiplash Associated Disorder I
WAD I commonly results in stiffness or tenderness in the neck.
In 2012, the Court in Clark v. Kouba, 2012 BCSC 1607 awarded the injured person $85,000 for injuries that included WAD I.
Potential Settlement: Whiplash Associated Disorder II
WAD II commonly results in a decreased range of motion and tenderness in the neck.
In 2009, the Court in Watts v. Donovan, 2009 CanLII 26931 (ON SC) awarded the injured person $95,000 for injures that included WAD II.
Potential Settlement: Whiplash Associated Disorder III
WAD III commonly results in decreased range of motion, decreased or absent deep tendon reflexes, muscle weakness, and sensory defects in the neck.
In 2007, the Court in Carrier v Wan, 2007 ABQB 279 awarded the injured person $60,000 for injuries that included WAD III.
Potential Settlement: Whiplash Associated Disorder IV
WAD IV commonly results in a fracture or dislocation of the neck.
In 1993, the Court in Nagami v Larsen, 1993 CanLII 1268 (BC SC) awarded the injured person $85,000 for injuries that included WAD IV.
Receiving the Settlement You Deserve
People often believe that settlement value is mostly determined by the extent of the injury. While this is a factor, the most important information is how the injury has impacted your life. In other words, what does the injury prevent you from being able to do and how does this affect you?
A thorough lawyer should take the time to fully understand your specific situation, including your life and responsibilities before and after your accident, to ensure you do not under-settle your case. By quantifying every possible loss, you are more likely to receive a just settlement that will help to ease the financial burdens that usually occur during recovery.
If you have sustained a personal injury at another party’s fault, please contact me and my team of experienced personal injury lawyers for a free consultation.
More on Personal Injury from Roger R. Foisy:
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- How Speech-Language Pathologists Help Traumatic Brain Injury Victims
- Virtual BIAPH Health Advocates Education Conference on October 28 - October 20, 2020
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