3 Factors That Affect Whiplash Compensation Amount

Posted on: 18 April 2022

Whiplash Associated Disorders (WAD) are injuries caused by the rapid back-and-forth movement of the head and neck. A sudden significant change in direction or speed can damage your muscles, bones, and soft neck tissues. WADs are common in motor vehicle accidents, are difficult to diagnose, and evolve.

WAD manifests through different symptoms and impacts your work and movement. Therefore, personal injury attorneys negotiate favorable compensation terms based on the below factors.

1. Your WAD Grade

WAD is extremely variable, and symptoms range from a stiff neck to neurological problems or dislocated joints. Whiplash injuries are categorized into five grades based on the range of symptoms:

  • WAD 0. You don't feel any pain, discomfort, or physical signs of injury.

  • WAD I. Symptoms include neck pain, tenderness, or stiffness. However, you still retain your normal range of motion and energy and won't notice muscle spasms.

  • WAD II. Signs are neck pain, muscle pain, tenderness, and limited range of motion. You may also experience muscle tears and sprained ligaments.

  • WAD III. Mild symptoms like neck pains and neurological symptoms like neural tissue injuries and decreased reflexes.

  • WAD IV. You suffer dislocation or fractures.

WAD I is the least serious and thus receives the least compensation. On the flip side, WAD IV is dangerous and attracts the most compensation. So, you need an accurate diagnosis of the correct grade for recovery and to get the right claim. Given the variable characteristics of WADs, contact personal injury lawyers in good time to reduce any uncertainties.

2. Your Injury-Related Losses

A serious back or neck injury causes physical pain, could reduce your earning capacity, or cause permanent disability. If you can never go back to your career due to WAD, your loss is considered in your payout.

Medical bills also pile up with MRIs, X-rays, Surgeries, or other costly examinations. Your personal injury attorneys battle to get full compensation for all the medical expenses. Also, how long you take to recover determines your compensation. The longer you stay out as you recover, the higher your compensation.

3. Your Proof of Negligence

Every motorist must exercise a duty of care to protect other road users. Negligence is when a driver breaches the duty of care and you suffer an injury. If your personal injury lawyers prove the at-fault driver's negligence, you get higher compensation.


Some insurance companies may deny you a just settlement claiming that your whiplash is minor. So, contact a personal injury lawyer law firm soon after the accident to get legal guidance. While you recover, you may find it difficult to determine your losses. Your personal injury lawyers will likely recommend you wait until your health stabilizes. Then, you'll get an accurate estimate of your damages.