What is the average car accident settlement for back and neck injuries? It's a common question people have, especially if they were a car accident victim. When someone injures their neck or back during a car or truck accident, they may require a large amount of compensation to pay for treatment.
Neck and back injuries tend to be very serious, but they aren't noticeable to the naked eye in most cases. For instance, delayed back pain could only possibly appear for days or hours after the car accident. Therefore, a neck and back injury are often hard to treat.
A person can be in significant pain immediately, but it could take a while. Therefore, insurance adjusters tend to be skeptical of whether the at-fault driver did any damage or not.
While insurance adjusters might be skeptical of a soft tissue injury caused by a car accident, pain could be disabling and have a huge impact on the victim's life. The ability to look in any direction is something many people take for granted. After suffering a neck injury, it impacts how and if a person can move their body.
Simple tasks, such as taking a shower or getting dressed are painful and slow. Many people require help from family members. Fun recreational activities the person enjoyed before the accident, such as tennis or swimming, aren't possible and may never be. Dancing and riding a bicycle are hard after a neck injury, as well. Sometimes, it's impossible to cook a meal after a back injury because the person can't reach for pans and ingredients.
If a quick trip to the grocery store became a tragedy because the at-fault driver violated the person's right to drive safely, it's crucial to seek legal action. Though it's hard to determine the average settlement amount possible based on the plaintiff's injuries, a law firm can provide legal advice and determine if there is a case. Contact a lawyer for a free consultation!
Average Settlements for Back and Neck Injuries
The amount awarded for a back or neck injury settlement vary significantly based on many factors. Every personal injury case is unique, so there is no true average settlement value for judgments. A particular neck or back injury settlement could be $100,000 or $10,000, depending on the factors.
Overall, the severity of the injury and the details of the case play a crucial role in how much compensation is awarded. Evidence is critical for motor vehicle accidents, which requires talking to the police and witnesses.
Questions to Consider
Here are some questions the insurance company is likely to ask victims of a back or neck injury:
How did the back or neck injury affect the victim's overall quality of life?
Did they suffer from a permanent disability?
Did the injury result in chronic pain and suffering?
Has the injury prevented the person from going back to work?
A lawyer can work with the victim diligently to find answers to those questions and get the settlement amount they deserve. Remember, back and neck injuries are often serious; a normal life might not be possible any longer, but an attorney can obtain medical records and ensure that the victim gets an appropriate settlement value for their neck injury case.
Stay Away from Insurance Adjusters
Insurance companies try to pay as little as possible because they are a business and make money by awarding the lowest claim amounts. Sometimes, they are far less than the average back injury settlement in the state or country.
Overall, they investigate the accident and try to deny the injury was because of their client's negligence. Often, these insurance adjusters claim that such an injury never occurred or that it was a result of a pre-existing condition to limit the case's settlement value.
Injury attorneys don't let them get away with that. They fight aggressively for neck injury cases that occur because of a rear-end collision or a head-on one.
Why Consider an Injury Settlement for a Neck and Back Injury
The insurance company representatives tend to offer a low back injury settlement amount soon after the accident. While it might seem like a large sum of money, it probably doesn't cover any future medical expenses and might barely cover what the victim owes at that time.
Generally speaking, back and neck injuries are painful and require pain medication. While lying in a hospital bed and groggy from medication, this isn't the time to make those important decisions.
There are multiple reasons for not accepting this average settlement amount for a common injury sustained because of someone's negligence:
Limitations of Personal Injury Protection Insurance
Ohio law requires drivers to have personal injury insurance at the minimum amount. However, with rising medical costs, that barely covers the hospital stay. Serious or average neck and back injuries might result in extensive physical therapy, future surgeries, and the need for help doing routine tasks. The costs can soar much higher than a typical back injury settlement amount, depending on the injury.
Overall, back and neck problems are serious injuries and could come with related injuries, as well.
Lost Wages
The average neck or back injury can slow a person down and prevent them from working. Even a desk job might be impossible immediately after an auto accident because the person might not be able to move their head or have proper posture.
Driving to work can also be hard, especially with a serious back injury that requires a brace.
Regardless of when the accident occurred, the victim may not be able to work like they used to. Losing a job and not providing for the family is heartbreaking and stressful. Most people work for years at a job they like, only for the car collision to force them out.
Accountability
Accountability is the most important of all the reasons to pursue injury lawsuits. No one should be required to pay out of pocket for their medical bills or suffer undue financial stress because of the injuries sustained from the at-fault driver's carelessness. It's crucial to hold the negligent driver responsible for the auto accident so that they don't do it again.
No Quick Fixes
Sadly, there is no quick fix to life after a rear-end car accident. The pain a person feels can last throughout their lifetime and may result in other serious trauma later. Pursuing a back injury settlement is an opportunity to take legal action against the person responsible. How much money the back injury settlements are depends on various things. However, it's crucial to know what the back injury settlement amount might be.
Average Settlement for Car Accident -Damages for a Neck and Back Injury
A personal injury lawyer can help car accident victims get monetary damages after the car accident. It's important to choose a law firm with experience representing spinal injuries and neck/back problems. Some common damages available to those in an accident include:
Loss of companionship
Pain and suffering
Permanent disability
Loss of any future earnings
Lost income
Long-term care
Rehabilitation costs
Medical expenses (past, present, future)
Hiring a lawyer ensures that the victim has a chance to receive more than the average settlement amount from the insurance company.
They advocate for the person and maximize the types of damages claimed. Even if the other person's insurance company pushes back, the attorney fights harder to take the case to trial if necessary to get the neck/back injury settlement amount the victim deserves.
Factors Affecting the Neck and Back Injury Settlement
Various factors affect the average settlement amount for back or neck injuries.
In fact, the amount received for a neck injury settlement could vary greatly from the national average settlement amount. Instead of thinking about average options, it's important to think about how much that person's case is worth.
The factors that affect the amount received for neck/back issues include:
The attorney's ability to negotiate
Insurance policy limits
The victim's liability (if any)
Other driver's liability
The severity and nature of the injury
Overall, the biggest factor in getting the settlement deserved is how well the attorney negotiates for maximum compensation. Insurance companies are likely to claim that these were pre-existing injuries to reduce the claim. With that, they may say that it's not a serious neck/back problem and that the neck pain might go away within a few weeks.
Experienced attorneys know how to handle those tactics and work to get the victim's medical records to show that they had no neck/back issues before. With that, they can work on a post-traumatic stress disorder claim, saying that the victim now suffers from PTSD because of the injuries.
Another crucial factor for the average settlement payout is the policy limits of the at-fault driver. A victim can only recover the maximum policy limit unless they choose to sue the defendant or bring claims on another party. Automobile accident attorneys know how to do all that to maximize the victim's compensation amount.
Types of Trauma Relating to Back and Neck Injuries
The injured plaintiff should seek immediate medical attention after the car accident to see if there are other injuries. After that, it's crucial to understand how the neck injury might affect the person's future and overall quality of life.
Most people take their necks and backs for granted until they end up hurting. Lifting objects and turning the head depends on the health of the bones in the neck and back. Traumatic car accidents can result in serious and life-long pain. Injured clients may need more medical treatment or may have required surgery after a head-on collision. That means the car accident settlement should be higher. Common injuries after automobile accidents include:
Spinal Cord Injuries
Car accidents tend to inflict severe damage to a person's back, which leads to various spine injuries. The spinal cord is a bundle of nerves running the length of a person's vertebrae to make up the spine.
Like other nervous system areas, it is extremely sensitive, so damage can disrupt the ability to control organs. Those who suffer a spinal cord injury from a car accident may have debilitating symptoms, such as broken bones, sensory problems, and a loss of control or strength of the limbs.
A spinal cord injury sustained in a car accident can lead to a facet joint injury and many other issues. Generally, the victim sustained fractures from the car wreck and deserves an appropriate accident settlement.
These are severe injuries; sometimes, vertebrae are moved, which puts more pressure on the spinal cord. Regardless, these victims have the right to file neck injury claims from all the vehicles involved.
Neck Sprain
A sudden impact from getting rear-ended can lead to a neck sprain. It's often described as a stretched muscle or ligament in the neck and can be quite painful. Generally, it's considered a soft-tissue injury, and some call them whiplash injuries.
The pain from the whiplash injury might travel beyond the neck. Some patients experience headaches, dizziness, pain, and other problems. Shoulder pain or a ringing in the ears are also possible with soft-tissue injuries.
It's crucial to seek immediate medical care after a rear-end accident because the cervical spine could have been injured. There may not be as much pain at first, but it can get worse with time.
Those who suffered physical injuries after a car crash that resulted in whiplash injuries may have to have years of physical therapy to get better. Therefore, they have every right to seek compensation through a neck injury claim.
The settlement offer for a soft tissue injury is often lower than others, but the first step is to file an insurance claim. Then, hire a lawyer to deal with the insurance adjuster about fair compensation for diagnostic tests, future treatment, and current issues.
Cervical Fracture
The neck contains many bones called vertebrae, and they make up the spine for the neck. They protect the spinal cord and support the neck.
When car crashes result in cervical fractures, the patient must be immobilized. When they are stable, an assessment of the injuries can help to see the breaks and location. Medical treatment depends on how severe the injury was and could include traction or a neck brace. Those who required cervical fusion surgery after truck accidents may end up with a permanent injury, so the settlement offer for the injured party might be higher.
Herniated Discs
There are soft and rubbery discs between the vertebrae of a person's spine. They are a cushion, but they can rupture and end up pushing through the vertebrae. This results in pain and pressure for the nerves and lower back.
Herniated discs often come with tingling/numbness and a shooting pain in the limbs. Overall, cervical disc herniations and lumbar disc herniations can affect a person's daily life. Sometimes, a herniated disc might require surgery.
After a motor vehicle accident, it's important to make sure that the cervical vertebrae are healthy; fractured vertebrae could lead to a large back injury settlement amount, even with the case settled out of court.
Broken Back
Having a broken back is excruciatingly painful and requires medical attention immediately. A medical professional should do a CT scan or MRI to diagnose the problem.
A car crash is always a traumatic event, but when the bone break happens in the back or near the spinal cord, the entire upper body is immobilized. It can take years to recover, depending on how severe it is. Physical therapists are necessary, and the person's financial future is at stake.
They need the best law firm to file a back injury claim and get the biggest back injury settlement amount possible. Rest assured that lawyers know what they're doing!
What the Personal Injury Attorney Can Help With
The insurance company contacts people, but its motivation isn't on a decent settlement amount. It's important to have someone there who understands the game and what problems the person faces after a car accident.
Recovering from neck and back injuries takes a lot of time. If the injuries caused other health problems, such as broken vertebrae or multiple surgeries, settlement values are often higher. The last thing the victim needs is to deal with the case, but an injury attorney can represent their interests and negotiate what the insurance company offered.
A case evaluation is often free, so it's easy to explore the options for car accident claims. It might seem tempting to accept the at-fault party's insurance company's initial offer, but don't get pressured. Insurance companies aren't out to provide fair settlement values.
Choose a Personal Injury Attorney with Experience
If someone suffered injuries during a car accident, they should be fairly compensated if they weren't at fault. However, they must focus on their health right now.
The legal details for those who suffered neck and back injuries, including court filings, witness statements, and all the rest, should be handled by an experienced car accident lawyer.
With the help of The Keating Firm, the victim enjoys an excellent attorney-client relationship and can file a personal injury claim. While the insurance company tries to give an average settlement amount for a back or neck injury, the auto accident attorneys in Columbus OH here can try to negotiate for more compensation and recover damages. Request a free consultation today on the contact form.