• I want to consult about a traffic accident in the Yaizu, Yoshida, Makinohara, Fujieda, and Omaezaki areas
• I suffered whiplash in a traffic accident and want to know how much compensation I can receive
• I am not sure whether the settlement amount offered by the insurance company is fair
• I want to know whether I can receive a residual disability certification even for whiplash
• I want to know whether hiring a lawyer can increase my compensation

Are you troubled by issues like these in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or surrounding areas?
Yaizu Sogo Law Office offers a free initial legal consultation regarding traffic accident concerns. There is no obligation to retain our services after the initial consultation. We are also available on weekday evenings and Saturdays. Please feel free to contact us by phone or email.

What Is Whiplash?

One of the most common injuries in traffic accidents is "whiplash."

Formally, it is often diagnosed as:

• Cervical sprain
• Traumatic cervical syndrome
• Cervical contusion

These are among the most frequent diagnoses.

In rear-end collisions in particular, the impact causes the neck to whip back and forth, resulting in symptoms such as neck and shoulder pain, headaches, and numbness.

It is not uncommon for symptoms to be mild immediately after the accident but to worsen in the days that follow.

For this reason, it is important to visit a medical facility as soon as possible after a traffic accident, even if symptoms appear mild.

Damages You Can Claim for Whiplash

If you suffer whiplash, you may be able to claim not only consolation money (isharyou) but also various other damages.

Typical examples include:

• Medical expenses
• Transportation costs for hospital visits
• Lost income
• Consolation money for hospitalization and outpatient treatment
• Consolation money for residual disability
• Lost future earnings due to residual disability

These are among the damages that may be claimed.

However, what most people are most concerned about is how much the consolation money will be.

The following sections focus primarily on consolation money.

How Is Consolation Money for Whiplash Calculated?

There are three standards for calculating consolation money in traffic accidents:

• (1) Compulsory automobile liability insurance (CALI) standard
• (2) Voluntary insurance standard
• (3) Attorney standard (court standard)

These are the three standards.

Even for the same accident, the amount of consolation money varies significantly depending on which standard is used.

Generally, the attorney standard produces the highest amount.

This standard is also used by courts and is calculated with reference to the guidelines known as the "Red Book."

Typical Consolation Money for Whiplash

①Approximately 3 months of outpatient treatment

If you receive outpatient treatment for approximately 3 months for whiplash, the attorney standard generally provides a benchmark of around 500,000 yen.

However, the amount may vary depending on:

• Frequency of hospital visits
• Details of treatment
• Progress of symptoms

The amount fluctuates based on these factors.

②Approximately 6 months of outpatient treatment

It is not uncommon for whiplash treatment to continue for approximately 6 months.

In such cases, the attorney standard provides a benchmark of approximately 800,000 to 900,000 yen.

However, the amount is not determined solely by the length of the treatment period; the actual frequency of visits and the nature of the symptoms are also taken into account.

Why Insurance Company Offers May Be Low

We sometimes receive inquiries from victims saying, "The consolation money was less than I expected."

In fact, it is not uncommon for the amount offered by the insurance company to be lower than the attorney standard.

For example:

Insurance company offer	400,000 yen
Attorney standard	800,000 yen

Such discrepancies do occur.

Therefore, if you receive a settlement proposal from an insurance company, it is important to review the details before signing.

Residual Disability Certification Is Possible Even for Whiplash

Having whiplash does not necessarily mean you cannot receive residual disability certification.

Even after continued treatment, if symptoms such as:

• Neck pain
• Shoulder pain
• Numbness in the arms or hands
• Headaches

remain, you may be eligible for residual disability grade certification.

Residual Disability Grades Commonly Certified for Whiplash

①Grade 14, Item 9

"Residual localized neurological symptoms"

This is the most common certification category for whiplash.

Under the attorney standard:

Residual disability consolation money: 1,100,000 yen

may be recognized.

In addition, you can also claim lost future earnings due to residual disability.

②Grade 12, Item 13

"Residual persistent localized neurological symptoms"

This may be certified when objective findings, such as MRI images, support the neurological symptoms.

Under the attorney standard:

Residual disability consolation money: 2,900,000 yen

serves as a benchmark.

Compared to Grade 14, there is a significant difference in the compensation amount.

Key Points for Obtaining Residual Disability Certification for Whiplash

①Seek medical attention early

If you do not visit a hospital immediately after the accident and instead seek medical attention for the first time several weeks later, questions may arise as to whether the symptoms were truly caused by the accident.

It is important to visit a medical facility as soon as possible after the accident.

②Continue regular outpatient visits

If you experience pain but your number of hospital visits is extremely low, the existence of your symptoms may itself be questioned.

It is important to follow your doctor's instructions and continue receiving treatment on a regular basis.

③Undergo necessary examinations

If you have neurological symptoms, the results of examinations such as:

• MRI
• CT
• Neurological tests

become important.

This is because objective evidence is emphasized in residual disability certification.

Hiring a Lawyer May Increase Your Consolation Money

In settlement negotiations for traffic accidents, insurance companies do not necessarily calculate based on the attorney standard.

As a result, it is not uncommon for cases where a lawyer's involvement led to "an increase of several hundred thousand to over one million yen in consolation money."

In particular, cases involving:

• A long outpatient treatment period
• Residual disability issues

tend to see larger increases.

For Those Suffering from Whiplash

Whiplash is the most common injury in traffic accidents, but it is dangerous to assume that "there is nothing wrong because the X-ray shows no abnormality" or "the compensation will be small because the injury is minor."

In reality, the compensation amount can vary significantly depending on:

• Appropriate outpatient treatment
• Appropriate residual disability application
• Appropriate settlement negotiation

The compensation amount can change considerably based on these factors.

If your symptoms persist, we recommend consulting with a specialist.

Summary

Even for whiplash, you may be able to claim:

• Consolation money for hospitalization and outpatient treatment
• Consolation money for residual disability
• Lost future earnings due to residual disability

These are among the damages that may be claimed.

Furthermore, the amount offered by the insurance company is not necessarily the fair amount, and there are cases where consolation money increases when a lawyer becomes involved.

If you continue to experience symptoms such as neck or shoulder pain or numbness after a traffic accident, it is important to consult with a specialist as early as possible.

Frequently Asked Questions

The Initial Legal Consultation for Traffic Accidents at Yaizu Sogo Law Office Is Free of Charge

Yaizu Sogo Law Office provides a free initial legal consultation regarding traffic accidents.

We handle all traffic accident-related legal matters, regardless of severity or whether they involve property damage or personal injury. If you are feeling stressed by dealings with insurance companies, or if you want to know whether the amount offered by your insurance company is fair, please do not hesitate to consult with us.

Yaizu Sogo Law Office is available not only during regular weekday hours but also on weekday evenings and Saturdays. Please contact us by phone or email to schedule a legal consultation.

Are You Troubled by a Traffic Accident?

• Settlement Offers from Insurance Companies Are Almost Always Low
• The Insurance Company Said They Would Cut Off My Medical Expenses
• Dissatisfied with the Fault Ratio
• When and How to Consult a Lawyer About a Traffic Accident
• What Claims Can Be Made in a Personal Injury Accident?
• What Claims Can Be Made in a Property Damage Accident?
• What You Need to Know About Whiplash
• Traffic Accidents and Health Insurance
• Procedures and Steps to Follow After a Traffic Accident
• Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
• Diminished Value (Loss of Market Value)
• Amount Claimable from the Other Party When Personal Injury Protection Insurance Was Used Prior to the Claim for Damages Against the Other Party
• Free legal consultation is available for traffic accidents
• Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
• Lost Wages for Salaried Employees (Wage Earners) in Traffic Accidents
• Understanding a Company's Losses When Employees Are Killed or Injured in a Traffic Accident
• Finding the Court with Jurisdiction over Traffic Accident Lawsuits
• Want to Know Whether You Can Offset the Other Party's Damages Against Your Own in the Same Traffic Accident
• The at-fault party refuses to use their voluntary automobile insurance. What should I do?
• I was seriously injured in a traffic accident in June 2017, before the enforcement of the amended Civil Code (April 1, 2020). Three years have passed (but less than five years) since I completed my treatment. Is the statute of limitations still valid?
• How to Identify a Hit-and-Run Driver from a Vehicle License Plate Number
• Methods of Dispute Resolution in Traffic Accidents
• What You Need to Know About Medical Commuting Transportation Expenses
• How to Find the Insurance Company of the At-Fault Driver in a Traffic Accident
• Understanding Workers' Compensation Insurance in Traffic Accidents (Leave Compensation)
• How Much Is the Standard Compensation for a Traffic Accident?
• What Is Residual Disability Grade Certification in Traffic Accidents?
• How Much Compensation Can You Get for Whiplash from a Traffic Accident?
• Benefits of Hiring a Lawyer for Traffic Accidents
• Key Points When Dealing with Insurance Companies After a Traffic Accident
• How to Calculate Lost Income from a Traffic Accident
• The Relationship Between Number of Hospital Visits and Compensation for Pain and Suffering in Traffic Accidents (Key Considerations When Visit Frequency Is Low)
• What Is Maximum Medical Improvement (MMI) After a Traffic Accident?
• How to Use Lawyer Fee Special Coverage for Traffic Accidents?
• How to Handle a Traffic Accident When the At-Fault Driver Has No Insurance
• Damages in Bicycle Accidents
• Claiming Compensation When a Passenger Is Injured in a Traffic Accident
• Do You Have to Pay a Traffic Fine for a Burned-Out Brake Light?
• "I Said I Would Pay the Full Repair Cost" in a Bicycle Accident
• If Repair Costs Exceed Your Car's Market Value After a Traffic Accident, Can You Still Recover the Full Amount?
• Can a Car Proceed if a Pedestrian Yields at a Crosswalk?
• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
• What Damages Can Be Claimed When a Family Member Dies in a Traffic Accident?

See all articles on traffic accidents