How Often Do Whiplash Compensation Claims Go to Court?

AUTHOR: A.J. Bruning | February 25, 2019
How Often Do Whiplash Compensation Claims Go to Court?

Whiplash is not a fun thing to deal with. The pain and suffering you deal with last long after the unfortunate event, and it makes it all the worse that you were the victim of a car accident as well.

When it comes to whiplash compensation after a car accident, you certainly deserve to have money in return for your troubles. The problem is, it may not be as easy to get that compensation as you think.

Claims from car accidents can be a long and drawn-out process, and in some cases, the court may not honor the claim at all. So how often do whiplash claims go to court? Read on and find out.

Your Whiplash Compensation Claim Starts with the Insurance Company

When it comes to you filing for compensation for your whiplash, your insurance company will definitely have a say-so in it. Why is this the case? simply put: because they want a piece of the money, too.

Your insurance company and your car accident lawyer will be collaborating during a time known as the pre-litigation phase. During this time, your lawyer will try to convince your insurance provider that your claim would hold value in court.

How successful your lawyer is, depends on a number of factors, one being the actual amount of physical harm done to you. If these factors are strong enough to sway your insurance company, you will very well see a day in court.

Your Opponent May Admit Blame

If the driver who hit you and caused the whiplash admits to being at fault, the case will be much easier to process. This will work two-fold, however.

Generally speaking, the longer it takes to solve a case, the more money will be granted. If the driver at fault doesn't admit blame, the investigation could take much longer.

This means you'll be without compensation for an extended amount of time, but when the dust clears and the case is settled, you will most likely come out with more money (which will be perfect for taking care of those after-court costs).

However, if your opponent quickly admits to being at fault, the case will wrap up quicker, and you'll be compensated sooner. However, you most likely won't get a large amount of money after the case is settled.

The Bottom Line

Majority of all whiplash claims don't make it to court due to the fact that the injury is fairly minor compared to other potential injuries that could be suffered in a car accident. However, that doesn't mean it's impossible to go to trial.

If your claim meets the criteria, you may very well see a court date - which means cash for you to compensate for your suffering.

If you are ready to try to file for your whiplash compensation, you need someone on your side that you know you can trust. That's where we come in.

The Burning Law Firm has legal practitioners that care about your situation and will work with you every step of the way to get things done. We specialize in car, truck and motorcycle accidents, as well as burn injuries, class actions, and much more.

Please feel free to reach out to us about any comments or concerns that you might have, and to let us know when you're ready to file your claim. We look forward to fighting for you.

A.J. Bruning


I was born and raised to represent individuals who have been needlessly injured. I mean that literally. At a young age my father would tell me about the clients he was representing. I would meet them and take pride in their admiration of my father. I always knew I wanted to be a lawyer and represent clients that needed my help.

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