Whiplash is a common injury in car accident cases and typically affects the head, neck, shoulders, and back. It happens when a person’s head is very quickly and forcefully whipped back and forth. The condition can be very painful but often resolves on its own with minimal medical intervention. However, some victims experience severe pain for weeks, months, or indefinitely.
If you suffered a whiplash injury in a car accident or any other accident, talk to an attorney about how to get fair compensation. Working out a settlement with the person who caused the accident might be possible. A good settlement should cover your medical costs and additional damages. Exactly what makes a good settlement is hard to pin down as it will vary from person to person. The more severe your injury, the greater your settlement should be. If you are unsure what your claims are worth or how to go about getting a good settlement, call our legal team for help.
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 and ask our Columbia, SC car accident attorneys for a free review of your case.
What is Considered a Good Settlement for Whiplash Injuries in South Carolina?
A good settlement is hard to define as it might differ among whiplash victims. Whiplash is a tricky injury. For some, it is painful but only for a short while, as the injury often heals completely with minor medical treatment. For others, the injury is a long-term problem involving chronic pain, mobility issues, and steep medical bills. A good settlement might be big or small, depending on your unique circumstances. Whatever your settlement looks like, it should be fair.
Whether a settlement is good is up to you. Does a settlement cover all your expenses? If it does not, it might not be good, even if the settlement is substantial. If the defendant offers a settlement that still leaves you with substantial unpaid debts, it is probably not a very good settlement. Always review a settlement offer with our South Carolina car accident lawyers before accepting. Some victims prefer to take what they can get and go, opting to put the whole ordeal behind them as quickly as possible. Still, others refuse to accept the settlement and take the matter to court instead.
An attorney can help you get a good settlement by evaluating your injuries and damages and gathering evidence to leverage against the defendant. The stronger your evidence, the more likely the defendant will offer a good settlement.
How to Get a Good Settlement for Whiplash Injuries in South Carolina
Getting a good settlement for whiplash injuries is easier said than done. Depending on your situation, the defendant might be unwilling to cooperate, or the evidence might not be strong enough to convince them to settle. Your attorney can guide you through the settlement negotiation process and hopefully help you get a good settlement that covers your damages.
Factors That Increase Potential Settlements
A good settlement should be fair in proportion to the severity of the accident and your injuries. The more severe your injuries, the more significant a settlement should be. If you are in severe pain or your injuries take a larger toll on your life, inform your attorney. Things like medical records and hospital bills are often a good indicator of just how badly someone is injured and what kind of pain they might be in.
Another important factor that should increase the value of a settlement is disability. Some injuries do not fully recover or come with lifelong complications. For example, if you suffered a spinal cord injury in a car accident that left you paralyzed from the waist down, your settlement should be much larger than if you had only suffered a broken leg. Be sure to review your medical status with your attorney so they know what kind of injuries you are dealing with.
Even if you are not disabled, the longevity of your injuries may play a big part in settlement negotiations. Continuing with the example from before, suppose your injury did not leave you paralyzed but instead left you with lifelong chronic back pain. You might not have a disability, but the pain can significantly reduce your quality of life, and a settlement should reflect the magnitude of the situation.
Factors That Decrease Potential Settlements
To get the best settlement possible, we must be mindful of certain factors that could potentially reduce a settlement. To start, poor documentation of injuries often hinders a plaintiff’s ability to get a good settlement. Injuries are often the basis of damages, including medical costs and damages for pain and suffering. If your injuries are not properly documented, we cannot prove how much they cost or how much you suffered, and we might not be able to get a good settlement. To avoid this, get to a doctor as soon as possible so your injuries and treatment are well documented.
While a speedy and full recovery is the hope of all injured victims, it can sometimes be used against you. If you are fortunate enough to make a full recovery, the defendant might claim that your injuries must not have been that bad in the first place. We can fire back that while you might have physically recovered, your injuries and the accident might have taken a significant toll on your mental and emotional health, not to mention the physical pain you endured.
Another way defendants try to reduce settlements is by arguing that the plaintiff did something to contribute to the accident. Under S.C. Code Ann. § 15-38-15(A), if a defendant is found to be only partially responsible for the accident, their liability may be reduced, and they might not pay the full extent of your damages. You might be barred from recovery if you are more than 50% responsible, and the defendant would not have to pay anything.
Contact Our South Carolina Car Accident Attorneys for Help with Your Claim
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 and ask our South Carolina car accident attorneys for a free review of your case.
