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WHAT IS THE AVERAGE SETTLEMENT FOR A WHIPLASH INJURY IN CHARLESTON, SC AND SUMMERVILLE, SC?

Posted by Jay McMillian | Jan 14, 2018 | 0 Comments

THE MCMILLIAN LAW FIRM IS THERE TO INSURE THAT YOU GET THE MAXIMUM COMPENSATION FOR YOUR WHIPLASH INJURY IN CHARLESTON, SC AND SUMMERVILLE, SC

You have just been rear-ended by a negligent driver while sitting at a red light. The air bags have deployed and the windshield has shattered . . . you're traumatized, you're afraid and panic soon takes over. Immediately, pain starts to radiate from the base of your skull down your spine. You notice that you can walk and there are no broken bones or cuts, but the pain in your neck and spine is undeniable. This is a classic case of soft-tissue whiplash. Though whiplash is a legitimate medical condition, insurance companies will often try and minimize or even deny claims for whiplash injuries, often accusing you of faking the extent of the pain you are suffering. At this point n time, it is important to get a lawyer on your side who knows how to prosecute whiplash injuries and hold the insurance company accountable.

The McMillian Law Firm is known for compassionate and effective legal representation. Call us now at (843) 900-1306 or use the online form to schedule your free no-obligation case evaluation today.

WHAT IS THE AVERAGE SETTLEMENT PAYOUT FOR A WHIPLASH INJURY IN CHARLESTON, SC AND SUMMERVILLE, SC?

If you've been involved in a car accident lately, its probable that you have suffered some type of whiplash. Whiplash occurs when the neck is thrown forwards and backwards in a rapid motion, much like cracking a bullwhip. This sudden and violent motion can create injuries in the neck and spine with short and long term effects.

If the accident that caused your whiplash was due to the negligence of another driver, then you most likely have a claim for injuries caused by this negligence. So, let's get down the answering the question that is on your mind . . .  “how much money can I recover for whiplash?”

This is a difficult question to answer since case is so different and dependent on its own set of facts. In order to try and answer that question, its necessary to look at the biggest factors considered in your whiplash settlement.

WHAT EVIDENCE IS NEEDED TO SUPPORT MY WHIPLASH CLAIM?

Nature of a whiplash injury is that it is an injury that does not show up on an x-ray or other types of imaging. Unlike a broken bone or torn ligaments, the muscular / soft-tissue nature of a whiplash injury will require additional evidence beyond medical records in order to maximize the value of the claim. For this reason, it's important that you document all of your experiences while suffering from a whiplash injury. Things to do include the following:

  • Photographs of bruising and of any braces or medical devices you must wear during treatment,
  • Diaries / Journals describing your daily activities and level of pain,
  • Paystubs that will support proof of missed income and work opportunities,
  • Doctors notes and treatment suggestions

WHAT SPECIFIC COSTS WILL BE COVERED IN MY WHIPLASH SETTLEMENT?

As I have explained on many occasions before, any personal injury settlement could be effected by anywhere upwards of 80 factors. However, as a baseline for purposes of our discussion here, any settlement for a whiplash injury will include at least the following considerations:

  • Medical Bills / Treatment
  • Physical Therapy / Rehabilitation
  • Lost wages
  • Prescriptions
  • Travel to Doctor's Appointments
 

HOW DOES THE INSURANCE COMPANY CALCULATE THE SETTLEMENT AMOUNT FOR A WHIPLASH INJURY?

Whiplash is a complex medical condition that can exist in many different levels of severity and degrees. Since whiplash can involve so many different physical and neurological effects, it really is difficult to narrow it down to a single "average settlement.". Whiplash settlements can run across a wide range due to the fact-sensitive nature of each whiplash incident.

Factors that will affect the payout amount by the adjuster include:

  • Did you contribute to the accident? (shared liability)
  • Seriousness of the injury
  • Seriousness of the accident (damage to property)
  • Future medical treatments needed
  • Future medical improvement / permanent disability

Having an attorney represent you in any whiplash claim insures that you will have the best possible chance of maximizing the value of your claim. A lawyer will be able to fight for all the compensation that you or a loved one deserve and also hold the insurance company to the fire to make sure that all factors of compensation are accounted for, including pain and suffering.

HOW MUCH WILL I GET FOR MY PAIN AND SUFFERING?

Pain and suffering damages will need to be proven. The more documentation and written record that you have concerning your injury and treatments, the more support your have for your claim for pain and suffering, and thus the more you will be able to collect. This is the reason I always stress to clients to preserve all records and photographs of your injuries. The list provided above (evidence you need for your whiplash claim) documents everything that is also needed to maximize the value of your whiplash claim.

THE MCMILLIAN LAW FIRM - YOUR CHARLESTON, SC AND SUMMERVILLE, SC CAR WHIPLASH INJURY ATTORNEY

As a Personal Injury lawyer in my solo practice, I will take all necessary steps to protect your rights and work to secure compensation for your injuries as a victim of a car accident. Being a small firm allows you to have direct access to your lawyer during this entire process, with open lines of communication as we work together towards a viable solution to your specific case. 

Being an experienced personal injury attorney, I have experience dealing with insurance companies. I also know where the courthouse is and will not be afraid to call the insurance company to the mat in front of a judge and jury if necessary.

If you or a loved one has been injured in a car accident in Charleston, Summerville, Mount Pleasant, James Island, West Ashley, Goose Creek, Moncks Corner, North Charleston, or any of the other fine communities of the Low Country, and need to meet with an experienced car accident lawyer, please contact me to set up your free case evaluation today. Let me help prevent you from being taken advantage of by the insurance company. I am serious and I am here for you! Contact The McMillian Law Firm today @ 843-900-1306

About the Author

Jay McMillian

Background I chose to build my law practice in the areas of Car Accident and Personal Injury because these areas of the law are the most accurate reflection of my values and my upbringing. Being the son of a breakfast hostess and a retired US Army Sargent turned construction worker, the values instilled upon me by my par...

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The McMillian Law Firm

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Attorney Jay McMillian operates a solo practice with an emphasis on two core principles. First, to provide competent legal advice in the areas of Auto Accident and Personal Injury Law to the people he is proudest to serve, the people of the South Carolina Low Country. Second, to provide the most personal and intimate service to each and every client and give them the attention and compassion that they deserve while going through the stress and strain of negotiating or litigating an injury claim. If you live in Charleston, Summerville, Mount Pleasant, Goose Creek, James Island, Walterboro, Moncks Corner, and you or someone you love has been injured by the negligence of another, please call Jay at The McMillian Law Firm today.

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