A Grade 2 whiplash injury is the second-lowest grade for whiplash in terms of severity. The average insurance settlement payout for a Grade 2 whiplash injury can range from $10,000 to $20,000, although this can vary to as low as $5,000 or as high as $50,000 in some cases. The amount depends on several factors including your medical treatment costs, the duration of your treatment, lost wages if you must miss work, and pain and suffering.
Stone Rose Law represents victims of all grades of whiplash injury. In this post we cover Grade 2 whiplash injuries, including their defining characteristics and the kinds of personal injury damages you may be able to recover.
If you have been injured because of the negligent or intentional act of another, and have suffered whiplash or any other injury of the neck or spinal injuries, call us at (480) 631-3025 to speak with an experienced personal injury attorney.
What is Whiplash Generally?
Whiplash is a neck injury that is caused by a rapid, forceful, back-and-forth movement of your head. As the name suggests, this motion can resemble the cracking of a whip along your cervical spine. Even a minor car accident, like one caused by a low-speed collision, may lead to whiplash.
Whiplash can lead to strains or tearing of the muscles, ligaments, and other soft tissues in your neck. While it is most commonly associated with rear-end motor vehicle collisions, whiplash can also occur during sports activities, physical assaults, or slip-and-fall accidents.
Symptoms of Grade 2 Whiplash
Grade 2 whiplash injuries show subjective symptoms of pain, and musculoskeletal physical signs of injury that can be detected. Subjective symptoms are those which you can feel, but which can be hard to diagnose directly.
Specific symptoms include:
- Neck pain
- Muscle weakness
- Decreased Range of motion from neck sprain
- Tenderness on parts of the neck during a physical examination
Compared to lesser grades of whiplash, the key distinguishing characteristic of grade 2 is the presence of objective physical signs and symptoms as opposed to only subjective ones.
Grade 2 whiplash injuries can be serious and require immediate medical attention. The impact on your daily activities, work, and overall quality of life can be significant.
Diagnosing and Treating a Grade 2 Whiplash Injury
Medical professionals diagnose whiplash based on a physical examination and a review of your symptoms. Additional tests may include:
- X-rays: To rule out fractures or dislocations.
- MRI and/or CT Scans: These imaging tests can identify soft tissue damage or other complications not visible on X-rays.
Based on this analysis of your whiplash symptoms, your doctor will develop a pain treatment and rehabilitation plan.
A Grade 2 whiplash injury may take a few days to a few weeks to fully heal. The activities you engage in during the healing process can affect the length of the recovery. In addition to getting sufficient rest, physical therapy and exercises can also help improve your range of motion and strengthen the neck muscles, speeding up the healing process.
Establishing Liability for Grade 2 Whiplash
Whiplash personal injury claims are usually based on establishing negligent conduct of someone else. Proving a negligence claim in court requires you to prove all of the following elements by a preponderance of the evidence:
- Duty of Care: The at-fault party owed you a duty of reasonable care, like driving responsibly or maintaining safe premises.
- Breach of Duty: The at-fault party failed to uphold the duty of care.
- Causation: The breach of duty caused your whiplash injury.
- Damages: You suffered damages, like medical expenses, lost wages, or pain and suffering.
You prove each of these elements with evidence. This evidence can be testimonial, including expert medical testimony, medical treatment reports, police reports and accident reconstruction, and photographs and videos. The evidence can be material and/or circumstantial.
Compensation for Grade 2 Whiplash Injuries
Compensation for a whiplash injury is usually through insurance settlement value, although in some cases it may be necessary to resolve your compensation claims through a trial in civil court.
Most forms of compensation are measured in money damages. The most common forms of money damages are economic or direct damages, and noneconomic or indirect damages.
Economic Damages
Economic damages can be measured by their costs to you. Examples of economic damages include:
- Medical treatment expenses
- Lost wages for missed work
- Property damage
Noneconomic Damages
Noneconomic damages are not based on costs that can be readily calculated, but they can still have considerable settlement value or value in a judgment award. These damages include:
- Pain and suffering
- Mental anguish
- Anxiety and depression
Other Damages
In less common circumstances you may be able to seek punitive damages. Punitive damages in Arizona are rarely awarded and require clear and convincing evidence 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?
Insurance companies and defense attorneys may seek to minimize or even deny your Grade 2 whiplash injury claim, such as by claiming that it was the result of a pre-existing injury. They also may seek to get you to say something against your own interest in a recorded statement. An insurance adjuster may even make you a quick initial whiplash settlement payout offer that may seem tempting but will be less than what you should receive in a fair settlement.
Having enough evidence to support your whiplash injury claim and an attorney who knows how to negotiate on your behalf are essential in settlement negotiations. The stronger your evidence and the stronger your attorney’s negotiation strategy is, the more effective your claim will be.
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 for settlement and whiplash lawsuits.
Stone Rose Law is a team of experienced Phoenix personal injury lawyers who are ready to fight for your rights and the answers that you deserve. We have provided top-quality legal representation to accident victims throughout Arizona and achieved outstanding results in legal proceedings.
If you are experiencing whiplash symptoms, please contact us at (480) 631-3025 or use our online contact form to schedule a free consultation.
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