Whiplash is one of the most common injuries in car accidents and often results from rear-end collisions. Whiplash occurs when the neck forcefully moves back and forth much like the crack of a whip, and on busy corridors like I-35 in Texas, frequent traffic congestion in cities like Austin can increase the risk of accident-induced whiplash injuries.

While the severity of whiplash injuries varies, even relatively minor whiplash can cause long-term pain, medical expenses, and lost wages. If you experience whiplash from a car accident, it’s imperative for your physical, emotional, and financial well-being to receive a fair settlement. But how much is the average settlement for a whiplash injury in Texas?

The short answer, as any lawyer would give, is, “It depends.” Whiplash settlements in Texas typically range from less than $10,000 for minor whiplash to upwards of $100,000 (and sometimes much more), depending on the severity of the injury and other variables. Below are some factors that influence whiplash settlement amounts in Texas and what you can expect if you file a claim.

Factors that Influence Whiplash Settlement Amounts in Texas

The value of a whiplash claim varies based on several factors, namely the severity of the injury, associated medical costs, and its impact on daily work and activities. More severe whiplash cases (often those that include chronic pain, nerve damage, or long-term disability) lead to greater payouts than mild and moderate injuries.

In terms of settlement amounts, the payout should account for all medical costs related to the injury, including but not limited to:

• Emergency room visits
• X-rays, MRIs, and other diagnostic tests
• Physical therapy and chiropractic care
• Prescription medications
• Future medical expenses for ongoing treatment

Moreover, if whiplash prevents you from working, you may be able to claim lost wages and even loss of future earning capacity if the injury affects your long-term ability to work. The more income you lose, the higher your potential settlement.

Texas law also allows victims to seek compensation for non-economic damages, including physical pain, emotional distress, and the loss of enjoyment of life. The more severe and long-lasting the pain, the higher the pain and suffering payout typically is.

Who Pays for Whiplash in Texas?

In Texas, the “at-fault” driver (and by extension, their insurance company) pays for the car accident injury claim. That said, if more than one party is considered “at fault,” the financial compensation for the car accident claim is divided between the at-fault parties in proportion to their percentage of fault. This also means that even if you are partially responsible for the accident (say, 25% responsible), you may still recover damages so long as the other party is more at fault than you. In situations such as these, your recovery would be reduced by 25% as well.

What to Know Before Filing a Whiplash Claim

If you’ve suffered whiplash in a Texas car accident, it’s well worth your effort to maximize your settlement. Insurance companies try to settle claims quickly and may offer lowball amounts to close the claim. Hire an experienced personal injury attorney to lead the charge in fighting for fair compensation. Here are some other steps you can take to get the best settlement from a car accident in Austin:

• Seek medical attention immediately – Delaying treatment can weaken your claim.
• Follow your doctor’s treatment plan – Attend all follow-ups and therapy sessions.
• Keep detailed records – Save medical bills, receipts, and proof of lost wages.
• Hire a car accident attorney – A skilled lawyer can fight for maximum compensation.

Contact Us a McKinney Vos PLLC for a Free Consultation

If you’ve been injured in a car accident or have questions about Texas personal injury law, contact our office at McKinney Vos for a free, no-commitment consultation.