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What Kind of Settlement Can I get for Whiplash?

Neck injuries are common after even minor fender benders, but in some cases, symptoms won't show up for a few days. That's why it's so important to get checked out by a doctor after even a minor car accident.

Whiplash is one specific type of neck injury, but neck injuries can range from minor strains and sprains to fractures. Whiplash and pinched nerves are a soft-tissue injuries, but both can leave you in moderate to severe pain for days, even though they aren't permanent.

In West Virginia, fault in the accident will also affect how much you can get for a whiplash settlement. In West Virginia, your settlement can be diminished by your percentage of fault. However, this means that you can still bring a lawsuit even if you are partially to blame for an accident.

The formula for determining damages in a whiplash case is the same as for any other car accident. Total your hard medical costs, also called special damages, with lost wages and then multiply your specials anywhere from one-and-a-half to five times to determine the amount you may be owed for pain and suffering. If the insurance company is offering your less than this amount, you may want to consult an attorney to help get what you are owed.

At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 40 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.

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