Accidents are frightening; there’s pain, damage, and significant loss to deal with. Beyond the crash, victims often find it difficult to return to their normal life and work.
That’s why there is insurance and settlement money to provide succour for those involved. Unfortunately, many accident victims lose out due to ignorance and failure to engage a qualified car accident lawyer.
In this guide, we will analyse the average settlement for back and neck injury, how to maximize your compensation, and factors that determine your pay. Let’s dive in!
Quick Answer – Average Settlement for Car Accident Back and Neck Injury
Life after a car accident that led to back and neck injuries is often overwhelming. From hospital appointments to settlement negotiations, it’s a whirlwind of activities.
Let’s face it; no two accidents are the same, and the settlements will certainly vary. Factors like the severity of your injury and medical expenses will play a huge role in determining your settlement amount.
Minor injuries like whiplash can attract settlements from $10,000 to about $30,000. On the other hand, the payout for severe injuries can easily run into millions.
Also, keep in mind that each state has specific insurance laws that would affect the final amount you are eligible for. With this information, you can negotiate a solid compensation plan and even initiate a lawsuit.
Common Back and Neck Injuries From a Car Accident
Every year, hospitals across the US treat at least 869,000 traffic-related accidents. Now think of the cases that have gone unreported because the victims couldn’t make it to the hospital.
Common back and neck injuries from a car accident often include:
- Whiplash: This occurs when the neck is forcefully snapped forward or backward, causing strain on the muscles, tendons, or ligaments. Since accidents result from force or sudden impact, it makes sense that this is the most common type of injury among accident victims.
Common symptoms include stiffness, pain, discomfort, and limited head movement. The symptoms will most likely clear up in a few weeks or months. - Herniated or bulging disc: Here, the soft tissues cushioning the vertebrae get pushed out of place. In some cases, they bulge out, and the disc pushes on the tissue.
This can lead to severe pain, weakness, and numbness in the affected areas. Thankfully, the pain can reduce within 3 to 8 weeks, and the symptoms fully heal within 6 months or more. - Fractured Vertebrae: Any collision that occurs at high speed usually ends in extreme compression. This often results in broken back and neck bones.
A fractured vertebra will leave you in excruciating pain and even restrict your mobility. Doctors conduct CT scans to determine the extent of the injury and administer the appropriate treatment. - Spinal Cord Injuries: A sudden impact to the back or spine can cause injuries along the neck and back area. Spinal cord injuries can result in partial or permanent paralysis.
Other symptoms include numbness, muscle spasms, bladder dysfunction, respiratory issues, and intense pain. Recovery may not be total, and one may have to manage the injury for life. - Spondylolisthesis: This injury is most common in the lower back. It occurs when a vertebra slips out of position by shifting forward or backward.
One major symptom is severe pain in the lower back. It can also lead to stiffness, numbness, or tingling pain in the legs. These symptoms can be managed with non-invasive treatments while the victim remains active.
Damages You Can Claim for a Back or Neck Injury
We know that the car accident back and neck injury settlement amount for each victim varies. However, this shouldn’t stop you from claiming the damages due to you.
As an accident victim, you can institute an action to claim the following:
Medical Expenses
As someone suffering injuries from an accident, there are several bills to pay. Some of these medical expenses include emergency room visits, CT scans, X-rays, surgery, and medication.
Apart from the amount already spent, you can equally bring an action for future medical expenses. For instance, your injury may require further treatment, surgery, or physical therapy.
Lost Wages
One of the most common symptoms of back and neck injuries is reduced mobility. This, in turn, may prevent one from carrying out their duties and lose their pay during their recovery period.
If you are unable to earn because of your accident, you can bring a claim for lost wages. Where it results in a permanent loss of your earning capacity, you can bring a claim for loss of future earnings.
Property Damage
There is a very high chance that your vehicle will become unusable after a crash. In one year, car accidents alone accounted for an economic loss of $55.9 billion.
To ensure you do not become totally disadvantaged, you can bring a claim for property damage. This will afford you the resources you need to repair or replace your damaged vehicle.
Pain and Suffering
Beyond the injury, car accidents can have a permanent impact on your life. It could cause emotional distress, psychological trauma, or economic disadvantage.
You can claim compensation for all the emotional stress you have suffered. Determining the extent of suffering may be tricky, but a trusted pain and suffering calculator can help you stay on track.
Factors That Affect Car Accident Neck and Back Injury Settlement Amount
Car accidents may leave instant effects; however, the settlement amount doesn’t come as quickly.
Several factors will be analysed and considered before you can receive an amount:
- Severity of the Injury: Serious injuries like spinal cord injuries and herniated discs often result in higher payouts.
- Duration of Recovery: The longer it takes you to recover, the higher your settlement may be. This is because injuries like these require lifestyle changes and extended medical care.
- Liability and Fault: If you had a part to play in the accident, your settlement may be affected. States like Texas have a comparative negligence rule that reduces your damages in proportion to your fault.
- Insurance Policy Limits: Some insurance policies do not cover severe damage. In the case that your insurance is insufficient, you will either pay out of pocket or sue for extra settlement.
- Medical Expenses: The average settlement should cover all past and present expenses. Thus, a higher medical bill will attract a higher settlement amount.
- Lost Wages and Earning Capacity: Time off work and reduced earning capacity lead to higher compensation. Where there is a total loss of a job, the settlement amount should reflect the same.
- Medical Evidence: To increase your chances of getting your claim, you need proper evidence. Medical reports, witness statements, and accident reports can easily tip the scales in your favour.
With these factors, you can estimate what your settlement amount will be. At this stage, you should work with an experienced car accident lawyer to find out what your case may be worth.
Average Settlement Examples for Car Accident Back and Neck Injury
For many people, the easiest way to determine their settlement payout is with a car accident settlement calculator. These tools are reliable, especially when you need a solid estimate before you contact your lawyer and start your claim.
Regardless of the peculiarities of each case, the average settlement for car accident back and neck injuries is usually as follows.
- Minor injuries and whiplash = $10,000 to $30,000.
- Moderate injuries, e.g herniated discs = $45,000 to $200,000.
- Spinal cord injuries = $20,000 to $70,000.
- Severe back and neck injuries that may require surgery = $150,000 to $500,000+
- Commercial vehicle accidents often exceed $1 milllion because of the company and the higher risk they pose.
How to Maximize Your Car Accident Back and Neck Injury Settlement
To ensure you get the best settlement possible, you need to be strategic. If you’ve been involved in a car accident recently, you should:
- Seek Medical Care Immediately: Go to the hospital for a proper checkup to determine the extent of your injuries. Apart from the fact that delay can cause your health to deteriorate, it also reduces your chance of linking the injuries to the accident.
- Avoid Early Settlement Offers: Many insurance companies will offer a quick but insufficient settlement to end the matter quickly. You mustn’t sign anything until you understand the extent of your injuries and contact your lawyer.
- Document Everything: From the day of the crash till the point you request your payout, ensure you document everything. Receipts, dashcam footage, medical reports, etc., will help strengthen your case and increase your chances of getting a good amount.
- Hire an Experienced Personal Injury Lawyer: An experienced lawyer knows how to analyse your case and help you avoid critical mistakes. They will even guide you on the types of damages you can claim.
Injured and Overwhelmed? Let Us Take It From Here
A car accident will throw you off balance and leave you in pain. Now imagine having to negotiate your settlement at the same time; a total disaster. You shouldn’t have to handle it alone.
At Eric Ramos Law, we take pride in our team of experienced personal injury lawyers who handle all client cases exceptionally. We can work towards getting you a reasonable settlement in due time.
Don’t delay; Schedule Your Free Case Review Today!
Frequently Asked Questions (FAQs)
Let’s end with a few commonly asked questions around the average settlement for a car accident back and neck injury:
How Long Does It Take to Settle a Back or Neck Injury Claim?
A typical back or neck injury claim may span a period of 6 to 18 months. Some long, drawn-out cases run into 2 or 3 years. Note that there is a 2-year limitation period to bring a personal injury claim.
Can I Still Recover Compensation If I Was Partially At Fault?
Yes, you can still recover compensation if you are partially at fault. However, your extent of liability must not exceed 50%.
Can the Insurance Company Use My Pre-Existing Back or Neck Condition Against Me?
Yes, an insurance company will most likely use your pre-existing back or neck condition to reduce or deny your personal injury claims.
How Does Pain and Suffering Get Calculated in a Texas Car Accident Claim?
It is calculated by considering the impact the injury has on your life. The effect can be calculated per Diem or with the multiplier method.