How Much Compensation Will I Get For Back Injury and Whiplash?

Key Points:

How Do I Know If I Have Whiplash?

Whiplash is a neck injury caused by the head carrying on in any direction with momentum after a sudden stop. The soft tissue in the neck is stretched and damaged because of the rapid movement. Symptoms can vary depending on the severity and circumstances surrounding the injury.

What Should I Do If I Believe I Have Whiplash?

If you have any pain after an accident, it is important to seek immediate medical attention. Adrenaline can often mask injuries and cause injuries from being caught early. Visiting your doctor or the ER means that you can catch serious injuries early and your injuries are documented. If you wait too long before seeking medical attention, it can be difficult to prove your injuries were caused by the car accident.

Brad Nakase, Attorney



AVVO Clients’ Choice Award 2019

Justia Highest Rating Honor 10

AVVO Highest Rated Lawyer 10

Business Trial Lawyer since 2005. Proven Results.

Free Consultation

I’d like to hear your story. What happened?


What Is The Average Whiplash Claim Amount?

The majority of whiplash injuries are minor, resulting in headaches or mild discomfort and only lasting a few days or weeks. The average settlement for minor whiplash cases is a couple of thousand dollars. Severe whiplash injuries which cause spinal damage and long-term symptoms can attract compensation of up to $100,000. The compensation for whiplash injuries are calculated on a case to case basis; the above numbers are just a guide.


The best way to get an accurate value of your injuries is to book a free consultation with Nakase Accident Lawyers & Employment Attorneys. You can discuss your case with our personal injury lawyers, ask any questions you may have, and receive a value for your case as well as information about next steps.

How Is Whiplash Compensation Calculated?

The calculation is made by adding the general and special damages together. Below we explain what general damages and special damages are.

General Damages

General damages refer to non-economic damages relating to your injuries and recovery. They can include things like pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and humiliation or inconvenience. The amount you can claim for each of these things will depend on the severity of your injuries and the expected recovery time.

Our attorneys will consult with medical experts to determine the latter. With that information, they will assign a fair value to your general damages which they can defend to the insurance company, and if necessary, in court. These general damages will take into account all of your injuries, not just your whiplash. Our lawyers will tend to calculate general damages for your most severe injuries first and then add on a percentage for your less serious injuries. We will walk you through every step of our calculations to ensure everything is accounted for. Once your case settles, you will not be able to claim further compensation for your injuries.


What Are Special Damages?

Special damages refer to any tangible costs caused by the accident or your injuries. Both past and future costs are considered when calculating special damages.


They include things like:

  • Past and future medical bills
  • Damage to your vehicle
  • Any damaged or lost possessions in the accident
  • Your insurance excess
  • Medications and prescriptions
  • Treatment
  • Rehabilitation and Physiotherapy
  • Travel expenses for medical treatment, including parking costs.
  • Past and future loss of income due to your injuries, treatment, and recovery.
  • Loss of career opportunities such as bonuses, promotions, and pensions.
  • Costs to adapt your home or car to accommodate your injuries.
  • In-home care or assistance you may require because of your injuries.
  • The loss of your spouse’s income if they need to quit their job to care for you.

Should I Deal With the Insurance Company Directly?

Most personal injury lawyers offer free consultations for car accident victims. It is within your best interest to book a free consultation to discuss your case and have it valued by an experienced lawyer before discussing compensation with an insurance company. You will be aware when they are trying to low-ball you and be able to make an informed decision about the best course of action. Insurance companies are a business, and they make a profit by reducing the amounts they pay in compensation. Therefore, they are likely only to pay a fraction of the compensation you are legally entitled to. Call Nakase Accident Lawyers & Employment Attorneys today on 888-600-8654 to book a free consultation.