Average Whiplash Settlement Amount

Factors That Influence Whiplash Compensation

One of the most common questions surrounding whiplash injuries is how much compensation can be expected. The whiplash settlement amount varies significantly depending on the severity of the injury, the cost of medical treatment, and the impact on daily life. While some cases result in minor settlements, others involving long-term pain and medical care can lead to higher payouts.

Whiplash Settlement Amount Examples

How much compensation you get for a whiplash settlement in Florida varies based on the unique circumstances of each situation and the severity of your injuries. Based on our own settlement data on this page, the average whiplash settlement is between $72,500 to $1,008,258.

$300,000 Settlement – Whiplash Payout

In this tragic accident, our client was a passenger in a vehicle being operated by a medical transport company driver. As the driver prepared to change lanes on U.S. 441 in Palm Beach County, FL, she suddenly lost control of the car as a result of overcorrecting as the vehicle pulled to the left. Skidding across the roadway, the vehicle rolled over onto its roof and ultimately collided with a guardrail.

Our client had to be airlifted to the nearest trauma center in West Palm Beach. He was suffering from pain in his neck, as a result of whiplash, as well as left shoulder, lower back, right side, and abdomen. Imaging studies showed that he had sustained a herniated disc in his neck and multiple bulging discs in his neck and back. Our client followed up with his orthopedic surgeon for pain in his back, right knee, and left shoulder. Later testing revealed that he had suffered a serious shoulder separation injury. His right knee, which had been operated on only a few days before the crash and for which he was being transported to the doctor at the time of the crash, was also reinjured and he underwent formal physical therapy for it.

The driver of the transport vehicle had only $50,000.00 in insurance coverage, and, given the significance of the injuries involved, her company quickly paid those limits to our client. We then discovered that the driver’s employer had an additional liability policy with a limit of $300,000.00. We prepared a detailed and comprehensive settlement package for the insurance company and demanded that they pay the full limit of their coverage. Recognizing their substantial liability, the company was convinced to tender its $300,000.00 to our client.

Following the payments by the insurance companies, we also worked hard to reduce the health insurance and worker’s compensation liens that our client was obligated to pay from his settlement. We were ultimately able to cut those liens substantially and save our client additional money. He was very happy with the outcome and with our representation.

$72,500 Recovered – Whiplash Settlement

Our client, who was a resident of Venice, FL and employed as a server, was driving through the main road in a Walmart parking lot when the defendant pulled out from a side road and T-boned our client in his passenger’s side. The impact caused heavy damage to our client’s vehicle.

Initially, our client felt all right and did not seek treatment right away. As is often the case, however, his neck and back became painful shortly after the accident as a result of the whiplash injury he sustained, and he sought treatment with an orthopedic practice. Physical therapy was recommended, and an MRI study of the lower back was also prescribed. The MRI revealed a herniated disc at the L5-S1 level.

At the conclusion of our client’s treatment, we presented a demand package to the defendant’s insurance company. The company offered a paltry $4,200.00. In response, we immediately filed a lawsuit against the defendant and pursued the case in court. Through discovery, we were able to demonstrate that although his treatment had been limited, our client had likely sustained a permanent injury to his back. Before the case was scheduled to go to trial, we convinced the insurance company to pay nearly 20 times its initial offer. The case was settled for $72,500.00, an amount with which our client was very happy.

$550,000 Whiplash Payout after a Car Accident

61-year-old male who was injured when another vehicle lost control and rammed into the side of a truck he was driving. His neck injuries required epidural steroid injections and a cervical discectomy and fusion.

$1,008,258 Whiplash Settlement After a Car Accident

Our clients, husband and wife, were involved in a serious accident where the defendant ran a red light. He suffered back and shoulder injuries, and she had an injury to her neck. This back injury settlement represented the maximum amount of insurance coverage available.

How Long Does It Take to Receive a Whiplash Payout?

The timeline for receiving a whiplash payout varies. Some cases are settled quickly if liability is clear and medical expenses are straightforward. However, if an insurance company disputes the claim or if the case goes to litigation, it may take a year or more to reach a resolution. There is no set rule stating that compensation will be received within a few months of completing treatment.

A demand letter to the insurance company may lead to a settlement offer, but if negotiations stall, legal action may be required. The duration of the settlement process largely depends on the complexity of the case and the willingness of the insurance company to settle.

Common Misconceptions About Whiplash Settlements

A major misunderstanding about whiplash compensation is that higher medical expenses automatically result in a larger payout. While medical treatment plays a role, other factors—such as the severity of the injury and how it affects daily activities—are also critical in determining the final whiplash settlement amount.

Many claimants also assume that their own insurance should not cover costs when another party is at fault. However, Personal Injury Protection (PIP) coverage often applies first, covering medical expenses up to a certain limit before pursuing compensation from the at-fault party. Understanding what PIP insurance covers is essential, as it typically includes medical bills, lost wages, and other related expenses, regardless of who caused the accident.

Additionally, some believe that using PIP will increase insurance premiums, but this is not always the case. Avoiding PIP benefits can result in unnecessary financial strain, as the initial $10,000 coverage may not be reimbursed by the at-fault driver’s insurer.

Legal and Insurance Challenges in Whiplash Settlements

Insurance companies often challenge whiplash compensation claims, questioning the severity of injuries or the necessity of treatment. Some insurers may require a Compulsory Medical Examination (CME), where a doctor chosen by the company evaluates the claimant. If this doctor determines that additional treatment is unnecessary, the insurance company may cut off further payments.

As a part of disputing injury severity, liability insurers will frequently question whether a claimant’s injury is permanent.  This is because in car crash cases under Florida law, noneconomic damages like pain and suffering and loss of the capacity to enjoy life are unavailable where the injury is not permanent. 

Final Thoughts on Whiplash Settlements

Whiplash settlements are complex, and several factors influence the whiplash settlement amount. While medical treatment, lost wages, and long-term effects are considered, insurance companies often challenge claims, leading to negotiations or litigation.

Key points to consider:

• Whiplash compensation varies widely based on injury severity and medical costs.
• The average whiplash settlement can range from a few thousand to significantly higher amounts in severe cases.
• Receiving a whiplash payout can take months or longer, depending on legal and insurance processes.

Understanding these factors can help claimants navigate the settlement process and ensure they receive fair compensation for their injuries.

Contact Abrahamson & Uiterwyk Today

If you or a loved one has suffered from a whiplash injury and need legal assistance, our experienced whiplash injury lawyer team is here to help. We understand the complexities of whiplash compensation and can guide you through the legal process to maximize your settlement. Contact us today for a consultation and let us fight for the compensation you deserve.