Tel: (325) 455-1889
June 3, 2024
What is the average whiplash settlement in Texas?
Whiplash and Traumatic Brain Injuries in Abilene, Texas
The Centers for Disease Control and Prevention identify car accidents as a leading cause of traumatic brain injuries (TBIs) in the United States. TBIs can range from mild to severe, causing a wide array of temporary and potentially permanent symptoms. If you or a loved one have suffered from a traumatic brain injury or whiplash, contact an attorney experienced in handling traumatic brain injury cases at The Low Law Firm (325) 455-1889.
Understanding Whiplash-Related TBIs
Whiplash is a common mechanism for sustaining a TBI in a car accident. If you suffer a whiplash injury due to someone else’s negligence, you may be entitled to pursue a personal injury claim. This can lead to a verdict or settlement requiring the at-fault party to compensate you for both economic and non-economic losses.
What is Whiplash?
Whiplash describes injuries resulting from the rapid back-and-forth movement of your head and neck during a car accident. Whether hit head-on, from the rear, or the side, this motion can strain and sprain neck muscles and, more concerningly, cause the brain to collide with the inside of the skull. This trauma can result in symptoms like headaches, memory issues, nausea and vomiting, vertigo a number of other physical limitations.
Deciding Whether to Settle Your Whiplash Case
When filing a claim for whiplash injuries, you have the choice to accept a settlement offer. While settlements typically offer less compensation than a trial might, they provide the benefit of guaranteed compensation. Consider how well a settlement covers your losses before accepting.
Medical Care and Related Expenses
The severity of your TBI will influence your medical costs. A recent study found that the average hospital stay for a TBI is about seven days, which could cost anywhere from $20,000 to $60,000 depending on location. The Centers for Disease Control and Prevention estimate the average yearly cost of TBI treatment at approximately $15,000 to $20,000.
Lost Wages
In 2023, the per capita personal income in Texas was about $65,422. This means that, on average, a Texan loses $251 in wages for each day missed from work. If hospitalized for six days due to a TBI, you would lose about $1,506 in wages, not including additional losses if you cannot return to full-time work or perform previous job duties.
Pain and Suffering
Assigning a monetary value to pain and suffering is challenging as it is subjective. This is what is called a non-economic damage and is left largely to a jury to decide. Often times clients will discuss multiples of their economic damages with attorneys who handle traumatic brain injury cases to help them come to a number for pain and suffering. More severe and permanent injuries will result in higher pain and suffering compensation.
Determining the Average Settlement for Whiplash
The average cost for a mild whiplash TBI can range from $21,000 to $60,000, including pain and suffering. Determining the average settlement amount for these cases is dependent on many factors. For severe, life-changing whiplash injuries, tend to be higher and for minor or moderate whiplash injuries settlements tend to be lower. Just a few of the factors considered in settlement are:
Extensive and frequent hospital stays
Lifetime therapeutic assistance
Lost wages of victims and caregivers
Necessary assistive devices and home modifications
Mental pain and anguish
Other forms of compensation, such as punitive damages, are often excluded from settlements since these agreements typically do not involve an admission of wrongdoing.
Evaluating Settlement Offers
Understanding average settlement figures helps gauge what constitutes fair compensation for whiplash and related injuries. Settlements significantly below these averages should be scrutinized to ensure you have the necessary funds to cover your expenses and losses.
A qualified Abilene personal injury lawyer who is familiar with Traumatic Brain Injury and Whiplash can help determine if a settlement offer sufficiently compensates you for your past and future losses. If you believe you are suffering from a whiplash TBI,