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How Much Is My Whiplash Case Worth?

Watch this video for a quick answer to "What is my whiplash claim worth?"

I am often asked the question, "how much is my whiplash case worth?" Over the years of representing clients with whiplash of varying degrees-- from moderate to severe-- I have always hesitated in answering this question. I do not believe that any lawyer can give a good opinion about the value of a whiplash case without knowing all the facts and circumstances. Some of the factors that are considered include medical bills, length of treatment, pain and suffering, loss of time at work and pre-existing whiplash injuries the client may have experienced. I recently came across this legal opinion from a judge who gave a legal opinion and a verdict which addressed in some detail how he viewed the value of a whiplash injury in the case of Terry v. Mullowney, 2009 NLTD 56 (CanLII). The judge was quoted as follows:

“On the whole, I am sitisfied that the plaintiff suffered a moderate whiplash
injury in the first motor vehicle accident on 6 November, 2001, which caused him
neck and back pain but which settled down for the most part by August 2002 and then
a less serious whiplash injury in the March 2003 motor vehicle accident which settled
down within a few months. Each accident exacerbated pre-existing conditions including
the thoracic outlet syndrome and the spondylolisis and the spondylolisthesis. I
have not been convinced, however, on a balance of probabilities that the plaintiff still
suffers from these injuries, although his thoracic outlet syndrome is permanent.”

“The plaintiff has suffered a mild to moderate whiplash injury which
exacerbated his thoracic outlet syndrome for a few months. He may have occasional
flare-ups of pain and discomfort if he overexerts himself. He has not proved that these
injuries have prevented him from pursuing his career as a mechanic or that they have
diminished his earning capacity. Neither has he proven a need for future care or
that he has diminished housekeeping capacity.”

“I therefore aware the plaintiff $40,000.00 in general damages for pain and
suffering and loss of amenities of life arising out of both motor vehicle accidents.”


I believe that this judge’s analysis takes into account the various factors that a court may consider in accessing the value of a whiplash injury. We have represented claimants who have sustained whiplash injuries and have resolved their claims up to $325,000.00. I do remind you, though, that every case is different and must be accessed individually by a qualified personal injury lawyer.


Murphy & Associates handles car accident cases throughout the state of Georgia. If you have been involved in an auto accident and there are questions of liability and/or negligence, please contact our firm at (770) 577-3020. We offer of a free consultation with no obligation.