If you get involved in a motor vehicle accident in Nebraska, you may end up with whiplash. This is an injury that affects the soft tissues of the neck, such as the ligaments and tendons. It can result in pain, immobility and other symptoms that affect you for weeks or even months after the accident. Learn how much whiplash settlements are typically worth in Nebraska to avoid settling for less than you deserve from an insurance company.
How Much Is the Average Whiplash Settlement?
While it is logical to search for an average whiplash settlement to give you a baseline idea of what to expect from your claim in Nebraska, this is not the best way to ensure a fair payout. Insurance companies do not pay an “average” amount or use a one-size-fits-all approach to settle whiplash claims. Instead, they carefully calculate how much a claim is worth based on the claimant’s precise injuries, bills and other factors. Rather than basing the value of your case on a perceived average, calculate its worth according to your individual situation.
Whiplash injury claims in Nebraska have settled for amounts that range from $10,000 and less to hundreds of thousands of dollars. The first step in calculating the value of your whiplash case is adding up all of your economic damages. These are the financial losses that you’ve suffered because of your injury and the accident as a whole, such as medical bills and property damage. Use your bills and receipts to make this calculation. Don’t forget to estimate future foreseeable economic damages, as well.
Next, calculate your noneconomic damages. These can be more difficult to estimate, as they are entirely up to the court’s discretion. In general, however, a jury will calculate noneconomic damages by multiplying the victim’s economic damages by a number between one and five. The multiplier chosen depends on the severity of your neck or back injury, such as if you needed surgery or experienced immense pain and suffering.
What Damages Are Available for a Whiplash Injury?
How much a whiplash injury claim is worth depends on the losses suffered by the victim. In general, catastrophic neck injuries result in higher settlement awards than minor whiplash cases, as the victim will have to deal with greater medical costs and other losses. Your list of damages during a whiplash injury claim may include:
- Present and future foreseeable medical expenses
- Medications (prescription and over the counter)
- Physical therapy and rehabilitation
- Property damage repairs
- Lost wages and employment opportunities
- Lost future capacity to earn due to a long-term disability
- Physical pain and suffering
- Emotional injuries
- Lost enjoyment or quality of life
An attorney can help you create a comprehensive list of your past and future tangible and intangible damages, as well as accurately estimate the value of your claim. Then, your lawyer can send this to an insurance company as part of your demand letter. In Nebraska, the insurance company of the driver or party at fault for causing a car accident and the whiplash injury must pay damages.
How Do You Know if an Insurance Settlement Offer Is Fair?
If you have to file an insurance claim for whiplash in Nebraska, anticipate the insurance company trying to pay you as little as legally possible. The goal of an insurance claims adjuster is to convince clients to settle for the lowest possible amount for their injuries. This is why it is important to understand the value of your case and protect your rights by hiring a personal injury attorney in Omaha.
An attorney will take over negotiations with an insurance claims adjuster on your behalf to pursue maximum financial compensation for whiplash. You can trust your lawyer to fight for fair results, as your lawyer is legally obligated to protect your best interests. Your lawyer will explore your options for collecting financial compensation, file a claim with the correct insurance companies and go up against an insurer in court, if necessary, to achieve just results for your whiplash injury claim.