Whiplash Settlement Payouts in Accident Cases

Whiplash victims often want to know how much of a settlement they can expect. This page explains how whiplash claims work and provides insight into the average compensation for whiplash cases, both nationally and in Maryland.

In many car accidents, sudden deceleration or acceleration causes the neck to whip forward and backward. This movement often injures the cervical spine—the part of the spine in the neck—and the surrounding neck tissues. Whiplash, also referred to as a neck sprain or strain, occurs when ligaments and neck muscles are forced beyond their normal range of motion.

Whiplash is especially common in rear-end car accidents, which are the most frequent type of motor vehicle collision. These crashes account for over 30% of car accident injuries in the United States.

If you have been injured in a car accident, contact us at 800-553-8082 or 410-779-4600, or get a free online consultation.

How Much is Whiplash Worth in Accident Cases?

The average settlement payout for a whiplash injury in a car accident case is between $12,000 and $30,000. This range assumes there are no permanent impairments or complications. However, this does not mean all whiplash cases fall within this lower range. Many whiplash claims have resulted in settlements over $100,000, particularly when the injuries are more severe or well-documented.

What Impacts the Settlement Value of Whiplash?

Two main factors influence the potential value of a whiplash settlement:

1. Severity of the injury: The more serious and clearly documented the injury, the higher the potential settlement value. However, proving the seriousness of a whiplash injury can be challenging, as these injuries are often subjective and insurance companies tend to be skeptical.
2. Clear liability: When the defendant is clearly at fault, such as in a rear-end collision, the case has stronger settlement leverage. Insurance companies are more likely to pay higher settlements in cases with clear liability to avoid the risk of going to trial.

Whiplash and Brain Injuries

Sudden acceleration and deceleration of the neck can damage the human body in more ways than one. Injuries to the spine and neck tissues are expected, including muscle strains, inflammation, herniated or bulging discs, facet joint injuries, and more. These injuries can be painful and sometimes go undiagnosed and untreated.

Whiplash is also associated with concussions and traumatic brain injuries. As the neck snaps forward and back, the brain moves violently as well, colliding with the inside of the skull.

Researchers have found that patients with mild traumatic brain injuries from whiplash can still have cognitive deficits long after the injury occurred, such as problems with attention, memory, planning, abstract reasoning, and problem-solving.¹

Indeed, brain injuries may account for some of the more lasting effects of whiplash. For example, neck pain patients with a history of whiplash are more likely than those without a history of whiplash to have a Chiari malformation, a condition in which the brain protrudes downwards into the spinal canal. This suggests a possible neurologic origin of chronic pain following whiplash.²

The Severity of Whiplash Injuries

Whiplash typically goes away within a few weeks. This can often be achieved simply with pain medication and exercise. Other people may experience lasting, chronic symptoms. Other injuries may be present as well that contribute to a victim’s lasting symptoms. Some spinal injuries, for example, go undiagnosed. Damage to the spinal discs and facet joints are common.

The symptoms commonly following a whiplash injury are collectively called Whiplash Associated Disorder (WAD) or Cervical Spine Syndrome.^3,4 Symptoms of whiplash include:

• Neck pain and stiffness
• Pain when moving the neck, loss of range of motion
• Headaches
• Shoulder, arm, upper back pain
• Numbness or tingling of the face, arms
• Fatigue
• Dizziness
• Blurred vision
• Tinnitus (ringing in the ears)
• Trouble sleeping
• Cognitive and emotional symptoms (irritability, trouble concentrating)

Being in a high-speed accident, experiencing severe pain, having trouble moving your neck, and tingling or pain that travels through the arms all indicate a more severe and lasting whiplash injury.

Additionally, some people are more at risk for more severe injuries, including those who previously had whiplash or other back/neck problems, and the elderly.

The treatment for WAD initially involves pain medication and exercise. Physical therapy involves strength training to improve posture, reducing stress on the spine and neck tissues.

Chronic neck pain is usually the result of a spinal or neurological injury, not a tissue injury. Treatment for chronic neck pain depends on the type of underlying injury, be it surgery to repair a herniated disc or epidural injections for pain.

Why Some Whiplash Injuries Are Worse Than Others

Defense lawyers and insurance companies always want to know why some victims have long-term whiplash injuries, and others do not. Baked into their question is the suggestion that the victim is faking or exaggerating their injuries. But science explains why some are more susceptible to long-term whiplash injuries.

There are known risk factors in the medical literature that indicate why some car crash victims are more likely to suffer long-term pain and complications. These are some of the risk factors (with a link to the medical study proving the point):

1. Cervical lordosis – The curvature of the spine can affect the extent of whiplash injury.
2. Hit from behind – How the collision occurred, such as being hit from behind, can impact the severity of whiplash. Rear-end accidents are usually worse whiplash-wise.
3. Older victim – Older individuals may experience more severe whiplash injuries. But younger victims get higher whiplash injury compensation amounts.
4. Preexisting degenerative changes – Even if asymptomatic, existing spinal changes can contribute to whiplash severity.
5. Prior whiplash injury -A history of previous whiplash injuries can make individuals more susceptible to severe whiplash in subsequent accidents.
6. Lack of awareness of impending impact (despite what many believe)

How Whiplash Settlement Payouts Are Calculated

Whiplash injury settlement amounts are calculated based on various factors, and the approach to maximizing compensation varies depending on the jurisdiction and the case’s specific circumstances.   But there are three  common threads in every whiplash damage calculation:

Medical Expenses: This includes costs for:

1. 1. Emergency room visits
   2. Doctor consultations
   3. Physical therapy or chiropractic treatments
   4. Medications
   5. Medical equipment like braces or supports.
   6. Any future medical expenses related to the injury, which we usually don’t see in these cases

Lost Wages: If the victim misses work due to the injury, they might be compensated for those lost wages. This could also include lost earning capacity if the victim can no longer perform their previous job or work as many hours. While our lawyers do not see many cases with future medical expenses, we do see cases with future lost wages because the soft tissue injury did not heal.

Pain and Suffering: This is a noneconomic damage element and is the most significant damage piece in virtually every whiplash case our office has settled. Our attorneys would take the case to trial if it was not the biggest element. This is the meat of the case – settlement compensation for the physical pain and emotional distress the victim has endured. Calculating pain and suffering can be subjective, and settlement hinges on the severity of the injury, the recovery time, and the impact on the victim’s daily life.

Example Whiplash Settlements and Verdicts

Below we provide examples of car accident whiplash injury settlements and verdicts won by victims. This resource will, along with other resources, help you estimate your whiplash injury settlement value.

Nationally, the median whiplash payout is approximately $7,500. However, every whiplash personal injury case is unique, and your case will not necessarily match that median value or example cases our lawyers provide below.

To win your case when you sue for whiplash, you must prove that the other driver was at fault and that their negligence was the cause of your injuries. In a settlement, the insurance company and your counsel will then debate the value of your injuries. At trial, a jury or judge will be the final decider of the value of your injuries.

• $5,500 Settlement (North Carolina 2025): Plaintiff, ten-years-old, was a passenger in a vehicle that was stopped while waiting to turn when it was rear-ended by an uninsured driver. The plaintiff reportedly suffered a back muscle strain and grade I whiplash. The claim was made under the UIM coverage of his parent’s auto insurance policy with Erie.
• $514,047 Verdict (Colorado 2025): The plaintiff was rear-ended and suffered extensive injuries that included whiplash, a closed head injury, left-sided trigeminal palsy symptoms in a maxillary distribution, disorder of the left temporomandibular joint, C3-C4 and C6-T2 disc herniations, cervical radiculopathy, biceps tendinitis, and subacromial bursitis.
• $62,500 Verdict (California 2025): The plaintiff was driving north, just past an intersection, when she was rear-ended by a vehicle operated by defendant and pushed up against the vehicle in front of her, causing a multi-car collision with two other vehicles. The plaintiff allegedly suffered injuries that included a concussion, whiplash injury syndrome, cervical and lumbar sprain/strains, cervical radiculopathy, sciatica, and a right breast contusion. The award included $52,500 for past medical expenses.
• $9,460 Verdict (California 2025): The plaintiff was struck by the defendant at an intersection. The plaintiff allegedly suffered injuries that included whiplash, bulges at L4-S1, cervical, thoracic and lumbar sprains/strains with radiculopathy and cervicalgia (so this was an “aggravated whiplash” case). The jury was apparently not convinced. They awarded $4,490 for medical expenses and $5,000 for pain and suffering.
• $100,000 Verdict (Washington 2024): In this case the plaintiff was rear-ended at a stop sign. She allegedly suffered whiplash from the accident which aggravated her pre-existing sciatica. She also suffered injuries to her shoulder. The verdict included $39,000 for medical expenses.
• $33,640 Verdict (Washington 2023): A 60-year-old male on disability was stopped at a red light when the defendant slammed into the back of his car. The plaintiff claimed to suffer whiplash along with a back and shoulder sprain. The verdict included $15,000 for medical expenses plus $18,000 for pain and suffering.
• $45,000 Verdict (Pennsylvania 2023): The defendant allegedly struck the plaintiff in a broadside collision while proceeding through a busy intersection. The plaintiff claimed to suffer whiplash, a back sprain, and a sprained wrist.
• $60,000 Verdict (Georgia 2023): The plaintiff claimed to suffer pain from whiplash, headaches, shoulder pain, and right knee pain requiring surgery when the vehicle she was driving southbound, slowing to make a left turn, was rear-ended by a vehicle operated by the defendant. The defendant disputed liability and damages, noting that the impact was minor and low speed. The plaintiff sued and the jury sided with the plaintiff.
• $10,000 Verdict (Ohio 2022): The plaintiff said he stopped his vehicle to turn into his mother’s driveway when a vehicle operated by the defendant rear-ended him at a high rate of speed, then accelerated and hit him again, sending his vehicle into a ditch. The plaintiff sued for his whiplash injuries, claiming that he suffered whiplash so severe that it prevented him from returning to work as a teacher. The verdict did not include economic damages, so the jury was apparently not persuaded by the plaintiffs’ claim that he was too injured to teach.
• $28,600 Verdict (Maryland 2022): The plaintiff allegedly suffered whiplash-like injuries, including lumbar protrusions at L4-S1 with lumbar sprain/strains and radiculopathy when the vehicle she was operating was rear-ended on an off-ramp by a rental vehicle that reportedly was stolen and whose driver fled the scene. She filed suit seeking damages under her UIM coverage. The verdict included $16,000 for past medical expenses and $12,600 for pain and suffering.
• $200,000 Settlement (Maryland 2020): Our client is a really good guy with a fantastic family. He is rear-ended at a red light. There are no objective injuries. It is a whiplash with physical therapy-type injury. He gets little physical therapy because it is not helping. The insurance company jumps on the limited treatment and offers $17,000 to settle. Our lawyers file suit. Before trial, their offer doubles. We would have taken that offer before filing a lawsuit. But it is too late now. The trial begins. Our lawyers put on a great case, and, more importantly, our client, his co-worker, and his wife make great witnesses. Our client accepted a $200,000 settlement offer before the jury reached a verdict.
• $44,000 Settlement (Washington 2019): A mother drives on a highway in Washington with her two children in the backseat. She stops for traffic ahead of her. A driver two cars behind her fails to stop, causing a chain-reaction car accident, and she is rear-ended. The mother suffers sprains/strains in her ankle and neck, back pain, and whiplash with headaches. The defendant admits liability, and the case is arbitrated, landing on an insurance settlement of $44,000, which includes medical bills, noneconomic damages, and legal costs.
• $24,500 Settlement (Idaho 2019): Two cars enter a right-turn lane. Driving the car in front, the plaintiff slows to yield to oncoming traffic from the left. The defendant fails to notice that the plaintiff ahead has stopped and rear-ended her. The plaintiff suffers a cervical disc bulge from whiplash, causing pain to radiate down her left arm. She is treated with physical therapy. The parties agreed to a whiplash compensation payout of $24,500, including compensation for past and future medical expenses and lost wages.
• $17,600 Verdict (Texas 2019): A man is driving along when another driver in a parallel lane merges into the side of his car. He suffers a whiplash injury, including problems with range of motion and post-traumatic sleep disorder, requiring rehabilitation treatment. The defendant denies liability and denies that the plaintiff’s injuries require future medical treatment. A jury awards the plaintiff $17,600.
• $87,000 Verdict (Maryland 2017): A Miller & Zois client is a passenger in a taxicab in Baltimore County (supposedly a challenging jurisdiction to get a fair result in whiplash cases) when another driver makes a left turn in front of the cab, causing an accident. There are no injury complaints at the scene, but later, she files a whiplash case. The insurance company makes no settlement offer for the case, although they ask before trial if we “would take $13,000 if it was offered.”

The settlement value of a whiplash case in Maryland often depends on the jurisdiction. Prince George’s County is a generally favorable jurisdiction for severe injury and less serious whiplash lawsuits. Baltimore City is favorable for victims in larger cases in Circuit Court, but less favorable for smaller claims in District Court.

Hire a Whiplash Lawyer in Maryland

If you have been injured in a car accident, our lawyers may be able to help you win compensation with a settlement payout for what you have endured. Our Baltimore, Maryland-based law firm handles severe whiplash cases. Contact us at 800-553-8082 or 410-779-4600. or online for a free consultation.

We will also refer your whiplash claim to attorneys we work with in all 50 states if you want help finding the best whiplash lawyer.  If you are looking for a referral to a lawyer in another state, we would prefer that you select the online option because we get so many calls.

More Resources

• Sample demand letter
• Dealing with different insurance companies
• Car accident FAQs
• How much is my case worth?

Medical Studies Frequently Cited in Whiplash Lawsuits

In whiplash injury litigation, scientific credibility can sometimes make or break expert testimony. Both plaintiff and defense lawyers rely heavily on peer-reviewed medical research to support their arguments in court. The studies below are among the most frequently cited by medical experts when testifying about the diagnosis, cognitive effects, and long-term outcomes of whiplash-associated disorders. If you are fighting these cases in the weeds, you want the science that backs you up. These publications help establish key points about causation, severity, and the legitimacy of symptoms, particularly in contested cases.

1. 1. “Persistent cognitive deficits after whiplash injury: a comparative study with mild traumatic brain injury patients and healthy volunteers” by Kurt Beeckmans et al., Acta Neurologica Belgica, 2017. Whiplash injury patients and healthy controls were given extensive neurological tests. Whiplash injury patients scored significantly more deficient with “speed of performance during sustained and divided attention, focused attention, alternating attention, the storage of new auditory-verbal unrelated information into memory, the long-term delayed recall of stored auditory-verbal related information from memory, abstract reasoning and accuracy of performance during the planning and problem-solving.”  These findings underscore that cognitive impairment following whiplash may persist even when structural brain injury is not visible and can resemble the impairments observed in MTBI patients.
   2. “A case-control study of cerebellar tonsillar ectopia (Chiari) and head/neck trauma (whiplash)” by Michael Freeman et al., Brain Injury, 2010. This is the first study demonstrating a difference in neurological diagnosis between regular neck pain patients and whiplash neck pain patients. Researchers found that whiplash patients had a higher incidence of Chiari malformation.
   3. “Acute whiplash associated disorders (WAD)” by Khushnum Pastakia and Saravana Kumar, Open Access Emergency Medicine, 2011. An overview of whiplash-associated disorders and treatments.
   4. “Pathology and Treatment of Traumatic Cervical Spine Syndrome: Whiplash Injury” by Nobuhiro Tanaka et al., Advances in Orthopedics, 2018.Clinical practice guidelines and classification for cervical spine syndrome.
   5. “Cognitive Complaints in Patients After Whiplash Injury: The Impact of Malingering” by B. Schmand et al., Journal of Neurology, Neurosurgery & Psychiatry, 1998.  This study examined the role of malingering in patients with persistent cognitive complaints following a whiplash injury. Using the Amsterdam Short-Term Memory (ASTM) test alongside conventional memory and concentration assessments, the researchers compared three groups: post-whiplash patients involved in litigation, non-litigating whiplash patients, and outpatient controls. The prevalence of underperformance was significantly higher in the litigation group (61%) compared to the outpatient group (29%). Interestingly, malingering whiplash patients performed as poorly as those with closed head injuries on standard cognitive tests. The study concluded that while malingering is common in medicolegal contexts, non-malingering whiplash patients likely experience genuine cognitive issues tied to chronic pain, fatigue, or depression rather than brain damage. In whiplash lawsuits, especially those involving claims for cognitive dysfunction like memory loss, poor concentration, or fatigue, defendants often argue that the symptoms are exaggerated or faked for financial gain. Plaintiffs, on the other hand, argue that the cognitive complaints are real and disabling. This study provides evidence that supports both sides, which is precisely why it appears so often in court.
   6. Psychiatric Sequelae Following Whiplash Injury: A Systematic Review by Haidar Muhsen Al-Khazali et al., Frontiers in Psychiatry, 2022. This systematic review examined the prevalence of depression, PTSD, anxiety, and sleep disturbances following whiplash trauma. Depressive symptoms were found in 32.8–34.0% of whiplash patients at 6 to 12 months post-injury, while PTSD symptoms ranged from 9.0–22.3% within the first year. The review highlighted significant limitations in the literature, including small sample sizes, lack of DSM/ICD diagnostic criteria, and missing data on compensation. One study showed a link between filing a compensation claim and worsened PTSD outcomes. While the psychiatric symptoms appear prevalent, the authors concluded that higher-quality studies using validated diagnostic tools are needed to assess the true burden of these psychiatric sequelae and their role in litigation.This study is particularly relevant to litigation because it demonstrates that psychiatric symptoms like depression and PTSD are common and measurable after whiplash injuries, reinforcing the argument that emotional and psychological harm should be considered legitimate components of injury claims and a big part of the pain and suffering compensation calculation.