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Factors That Determine Compensation for a Whiplash Injury

You can be traveling along in your vehicle doing everything you should do when another driver zips onto the scene and changes your life forever. Car accidents are one of the leading causes of injuries to the head and neck, and whiplash is one of those injuries. Whiplash is a condition characterized by severe pain in the head, neck, and shoulders, and it is directly caused by a sudden impact that jerks the head forward or backward quickly and unexpectedly. This neck strain injury can be excruciating, require ongoing physical therapy, and have a detrimental impact on your quality of life.

Whiplash Settlement Amount Determining Factors

If you have been in a car accident and sustain a whiplash injury, you may need a whiplash injury lawyer who can help. You could be entitled to compensation. Here is a look at some of the factors that determine whiplash injury compensation.

Your Resulting Medical Treatment Costs Since the Accident

From emergency room visits to visits to a physiotherapist, your medical treatment costs can accumulate quickly if you have suffered whiplash after a car accident. Whiplash injury compensation will include money to cover the costs of medical treatment you have incurred since the accident. Some of the costs that will be considered include:

  • costs of emergency transportation to the hospital
  • costs of treatment provided in the hospital
  • costs of in-home treatment from qualified nursing staff
  • costs of medical equipment and supplies to treat your injuries
  • costs of prescription medication

Your whiplash injury lawyer will work with you to collect all of the documents from you and your treatment providers to prove just how much your whiplash injury has costed you.

Your Anticipated Medical Care Costs in the Future Relative to Your Injuries

Not only will you be compensated for the costs you have already incurred, but you may also be compensated for treatment costs that have not yet occurred but will likely be necessary. For example, if your whiplash is so severe that it is expected you will have to have therapy and medications for the next five years, those anticipated costs will also be examined when determining your whiplash settlement amount.

Your Lost Wages or Time Off of Work Due to Your Injuries

When an auto accident is caused by the negligence of someone else, there is nothing about this incident that is your fault, but you often have to face the financial consequences. One such consequence is missing time from work or even losing your job because of your injuries. If you had to miss a lot of time at work or lost your job due to your whiplash injury, your settlement could reflect what you lost.

Your Pain and Suffering Suffered Due to the Whiplash Injury

Pain and suffering is not the largest determining factor when a whiplash settlement offer is extended, but it is one of them. There is a cap on how much someone can get for pain and suffering for whiplash injuries in Alberta, which is around $5,000. However, if your injury has generated a considerable amount of pain and suffering that has affected your life negatively, it is well worth seeking any and all compensation you deserve.

Whiplash can change your life, and whiplash injury compensation is well-deserved. Reach out to Diamond and Diamond in Alberta for help if you have been injured in an automobile accident.


What is a whiplash injury?

A whiplash injury is when the neck is hurt by the head suddenly snapping backwards and forwards. It is a common car crash injury. Usually, the neck heals after 2 to 3 months or after physiotherapy treatment. But, in some circumstances, you may still be able to claim compensation for a whiplash injury. At Diamond & Diamond, we can assess your case and help you to file a claim if it is appropriate for you to do so.

What does whiplash injury compensation cover?

Whiplash injury compensation covers the cost of your medical treatment. That includes physiotherapy, any prescription drugs and specialist equipment you needed while you healed. If you have had to have a lot of time off work because of your whiplash injury you may also be able to claim for those lost earnings. Get in touch with us if you have suffered this type of injury and we will help you to build an effective case.

Is whiplash injury considered a minor injury under Alberta law?

Under Alberta law, some forms of whiplash injury are considered to be minor injuries. That means that the amount you receive in compensation will be capped. However, if the injury is severe enough it may be possible to claim more. Not all whiplash injuries respond to treatment and clear up. So, it is always worth speaking to a personal injury lawyer to double-check what your legal options are.

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