The most common and least severe form of whiplash injury is known as a Grade 1 whiplash injury.
The average settlement payout for grade 1 whiplash ranges from $2,500 to $10,000, depending on the severity of the injury, the medical treatment needed, and whether it keeps you from being able to work.
At Stone Rose Law, we represent clients in Arizona who have suffered from all kinds of personal injuries, including whiplash injury claims. If you have been in an accident that has led to a whiplash injury, call us at (480) 631-3025 to speak with one of our experienced Arizona personal injury attorneys.
What Are Symptoms of Whiplash?
Whiplash injury symptoms can vary depending on the severity of the injury. They can include any or all of the following:
- Neck pain and stiffness
- Headaches
- Loss of mobility
- Dizziness
- Problems with memory and concentration
If left untreated, whiplash can sometimes worsen into a chronic neck pain condition.
What is a Grade 1 Whiplash Injury?
Grade 1 whiplash is called a subjective injury because generally no objective physical abnormalities are observed, although mild muscle tenderness may be reported. Sometimes a delayed onset of symptoms can occur because of your body’s initial stress response and inflammatory processes.
Grade 1 whiplash symptoms are ones you may feel, but there is no evidence a doctor can measure or see. These symptoms include reduced range of motion, swelling, bruising, or neurological impairment. The effects of your Grade 1 symptoms on daily activities and your quality of life may also cause you to experience pain and suffering that could be compensable.
Whiplash recovery from a Grade 1 injury ordinarily takes a few days to a few weeks.
How Is Grade 1 Whiplash Diagnosed?
No definitive test exists for whiplash. Instead, the diagnosis for whiplash is usually a process of elimination. Your doctor will rule out other possibilities until whiplash is determined to be the most likely diagnosis. Although imaging such as X-rays, CT scans, and MRI scans may not show that whiplash has occurred, they can help eliminate other possible conditions.
Proving a Grade 1 Whiplash Injury Claim
Whiplash injury cases are the same as other personal injury claims in Arizona. Most of them are based on proving the elements of negligence on the part of the responsible party. This involves establishing the following:
- The responsible party owed you a duty of reasonable care, like the duty to drive in a safe and reasonable manner.
- That person breached this duty by driving in a careless way (e.g. by speeding, disregarding a traffic signal, or texting while driving).
- The defendant’s breach of duty to you was the proximate cause of foreseeable harm to you.
- This harm resulted in damages.
Evidence Needed to Prove a Whiplash Injury
In most cases, you must file your personal injury claim within two years of the date of the accident (A.R.S. § 12-542). In limited cases, the period may begin when the injury was discovered or should reasonably have been discovered. You must prove your negligence case by a preponderance of the evidence.
This evidence may include your testimony, medical diagnosis and treatment records, medical expenses, witness testimony, accident reconstruction, expert medical testimony, photos and videos from the accident scene, physical evidence, police reports, and pretrial deposition testimony.
Settling a Whiplash Injury Claim
Most whiplash cases are settled out of court in the form of an insurance settlement payout. During the settlement process, your personal injury attorney can negotiate with insurance claims adjusters and/or their defense lawyers to reach a fair settlement that includes maximum compensation for your injuries, noneconomic damage, and anticipated future medical treatment costs.
Compensation for Grade 1 Whiplash Injuries
Personal injury compensation for whiplash injury is measured in economic and non-economic damages.
Economic Damages
Economic damages for a whiplash injury are those you can establish by their out-of-pocket costs to you. Examples of economic damages include:
- Your past and ongoing medical treatment costs to treat whiplash, including future medical costs, such as physical therapy if needed.
- Your lost wages and potential lost earning capacity if you cannot return to work.
- Property replacement and repair costs related to the accident.
Noneconomic Damages
Noneconomic damages are those that do not lend themselves to direct calculation like economic damages but still have a value that can be converted into money. Examples of noneconomic damages associated with Grade 1 whiplash injury claims include:
- Pain and suffering
- Mental anguish
- Depression and anxiety
- Loss of enjoyment of life
In less common circumstances you may be able to seek punitive damages. Punitive damages in Arizona require proof that the defendant acted with an ‘evil mind,’ meaning intentional misconduct or conscious disregard of substantial risk.
An experienced personal injury lawyer will be able to tell you if punitive damages may be available as a remedy.
Have You Suffered Whiplash in Arizona?
As we have seen above, proving a Grade 1 whiplash injury can be challenging. Having an experienced Arizona personal injury attorney on your side can make the difference in gathering the evidence you will need, and presenting that evidence effectively in whiplash settlement negotiations with insurance companies or in a personal injury civil lawsuit.
Stone Rose Law is a dedicated personal injury law firm. Our personal injury lawyers have successfully settled, litigated and resolved hundreds of personal injury cases for past clients over the years, including whiplash claims.
We are a team of experienced Phoenix personal injury lawyers who are ready to fight for your rights and the answers you deserve. We have provided top-quality legal representation to accident victims throughout Arizona and achieved outstanding results in legal proceedings.
Learn more about how we can help you after a devastating accident in Arizona. Contact us at (480) 631-3025 for a free case consultation.
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