Understanding the average settlement for car accident back and neck injuries can be crucial if you or a loved one have been in an accident. It’s important to note that the settlement amount can greatly vary based on the severity of the injuries and the degree of negligence involved.
For minor back and neck injuries resulting from car accidents, the settlement amount typically falls below $10,000. However, for severe injuries that necessitate hospitalization, the settlement can be substantially higher. According to a recent study, severe back and neck injuries can secure settlements exceeding $800,000.
In cases of serious negligence leading to significant injuries, the settlement can reach into the millions. Here at GJEL Accident Attorneys, we specialize in serious injury and wrongful death cases. As a result, our average case settlements are often higher than the general average.
It’s crucial to remember that each case is unique, and there is no set “average settlement” for back and neck injuries from car accidents. Settlements can range from a few thousand dollars to multiple millions, depending on the specifics of the case. Therefore, it’s recommended to consult with a legal professional for accurate estimates based on your individual circumstances.
What is the average settlement for car accident back and neck injury with a serious injury?
Typically, compensation for neck and back injuries incurred during car accidents varies, with the average amount falling between $100,000 and over $1,000,000. Nevertheless, the severity of these injuries can significantly influence the average compensation figures. Particularly, injuries that are of a serious nature and necessitate comprehensive medical treatment and continued rehabilitative care can potentially escalate the usual settlement range.
It’s important to note that the average settlement for car accident back and neck injury can be worth substantially more than soft tissue cases or accidents that did not require hospitalization.
Is there an average settlement for a neck injury?
Unfortunately there is not an average for two main reasons:
- The facts of each case which determine ther value and average settlement vary greatly from case to case.
- Past results from law firms are not indicative of future case outcomes.
Here are some recent examples of verdicts and settlements for back and neck injuries from GJEL Accident Attorneys
$515,000 settlement for a severe back injury
In this case, our client was involved in two low-impact car accidents as a passenger in a Toyota Matrix. In the first accident, which occurred in San Francisco, the driver of a Mercedes sedan was found to be at fault by the San Francisco Police Department. The client began experiencing headaches and neck pain following the first accident, which eventually led to an MRI that revealed a disc protrusion at C4-5 and a large protrusion with severe stenosis and compression at C5-6.
A neurosurgeon at Stanford Medical Center performed a cervical discectomy and fusion at C5-6, but the client’s neck pain and numbness returned. After another MRI showed that the protrusion had progressed and was impacting the spinal cord and central canal, the client underwent another cervical discectomy and fusion at C4-5. The client’s injuries were primarily caused by the first accident, but the insurer for the driver in that accident argued that much of the medical expenses and wage loss were caused by the second accident, which was covered by another insurer.
An attorney at GJEL Accident Attorneys was able to establish that the first accident was the primary cause of the client’s damages and negotiated reductions in the medical liens, allowing the client to receive maximum benefits from both insurance companies.
Read more about this case here
Why do the settlement amounts for neck and back injuries vary so much?
There are several reasons why the average settlement for a car accident can vary significantly. Some of the factors that can affect the amount of a settlement include:
- The severity of the injuries: More serious or permanent injuries are generally worth more in terms of damages.
- The extent of property damage: The amount of damages claimed for property damage can affect the overall settlement amount.
- The liability of the parties: If one party is clearly at fault for the accident, they may be required to pay a higher settlement.
- The policy limits of the insurance: The maximum amount that an insurance policy will pay out can affect the settlement amount.
- The location of the accident: The laws and legal precedents in different states and regions can affect the amount of damages that can be awarded in a car accident case.
- The negotiating skills of the parties: The ability of the parties to negotiate and reach a settlement can also affect the final amount.
Overall, the average settlement for a car accident can vary widely based on the specific circumstances of the case. It is important to consult with a personal injury attorney to assess the potential value of a car accident claim.
Examples of neck and back injuries
Neck and back injuries are common after a car accident, and they can have serious and lasting effects on a person’s health and quality of life. Here are some examples of neck and back injuries that can occur after a car accident:
- Whiplash: This is a common neck injury that occurs when the head is suddenly and forcibly thrown back and forth. Whiplash can cause symptoms such as neck pain, headaches, and muscle spasms.
- Fractures: Fractures to the neck or back can occur after a car accident due to the force of the impact. These fractures can range in severity from simple fractures that may heal on their own to more serious fractures that require surgical intervention.
- Herniated discs: The discs in the spine provide cushioning and support, and they can become damaged or herniated after a car accident. This can cause symptoms such as back pain, numbness, and tingling in the arms or legs.
- Spinal cord injury: In severe car accidents, the spinal cord can become damaged, resulting in paralysis and other serious complications.
- Soft tissue injuries: Car accidents can also cause strains and sprains to the muscles, ligaments, and tendons in the neck and back. These types of injuries can cause pain, swelling, and difficulty moving.
If you have been involved in a car accident and are experiencing neck or back pain, it is important to seek medical attention as soon as possible. These types of injuries can be serious and can require extensive treatment, such as physical therapy, medications, and even surgery. It is also important to consult with a personal injury attorney to understand your legal options and to ensure that you are properly compensated for your injuries and damages.
Examples of serious injuries we’ve dealt with
Severe neck or back injuries can have significant and long-lasting effects on a person’s health and quality of life. Here are some examples of severe neck or back injuries that can occur after a car accident:
- Spinal cord injuries: These injuries can occur when the spinal cord is damaged as a result of the impact of a car accident. Spinal cord injuries can cause paralysis, loss of sensation, and other serious complications.
- Fractures: Severe fractures to the neck or back can occur in car accidents and may require surgical intervention to repair. These fractures can cause pain, mobility issues, and other long-term effects.
- Compression fractures: These fractures occur when the vertebrae in the spine become compressed, which can cause pain, difficulty standing or sitting, and other problems.
- Herniated discs: A herniated disc occurs when the soft tissue in the spine becomes damaged or ruptured, which can cause pain, numbness, and tingling in the arms or legs.
- Spinal stenosis: This condition occurs when the spaces in the spine become narrowed, which can cause pain, difficulty walking, and other problems.
What factors can maximize your accident injury settlement amount?
here are several factors that can increase the amount of your accident injury settlement. Some of the most important factors include:
- The severity of your injuries: In general, the more severe your injuries are, the higher your settlement will be. This is because more serious injuries typically result in more medical bills, lost wages, and other damages.
- The amount of your medical bills: Your medical bills can play a significant role in the settlement amount, as they can be used to calculate the amount of damages you have incurred.
- The length of your recovery: If your recovery is expected to be long and involve extensive medical treatment, your settlement may be higher to compensate for these additional costs.
- The amount of lost wages: If you have had to miss work due to your injuries, the amount of lost wages you have incurred can be included in your settlement amount.
- The amount of insurance coverage: The amount of insurance coverage that is available can affect the settlement amount, as the insurance company will typically try to limit the amount it pays out.
- The strength of your case: If you have strong evidence supporting your claim, such as eyewitness testimony or expert medical opinions, this can increase the likelihood of a higher settlement.
Here are the damages you may be entitled to for your neck and back pain
In a personal injury case, you may be compensated for damages that you have incurred as a result of the accident or injury. These damages may include:
- Medical bills: You may be compensated for any medical expenses you have incurred as a result of the accident, including hospital bills, doctor’s visits, physical therapy, and other medical treatments.
- Lost wages: If you have had to miss work due to your injuries, you may be compensated for the wages you have lost.
- Pain and suffering: You may be compensated for the physical and emotional pain and suffering that you have experienced as a result of the accident.
- Loss of consortium: If the accident has affected your relationship with your spouse or other family members, you may be compensated for the loss of companionship and support.
- Property damage: If your personal property, such as a car, was damaged in the accident, you may be compensated for the repair or replacement costs.
- Punitive damages: In some cases, the court may award punitive damages, which are designed to punish the party responsible for the accident and deter similar behavior in the future.
Overall, the specific damages that you may be compensated for in a personal injury case will depend on the circumstances of your case and the laws in your state. It is important to work with a personal injury attorney to assess the potential value of your claim and to ensure that you are fairly compensated for your injuries and damages.
How can you establish the severity of your neck and back Injury after the accident?
There are several ways to establish the severity of a neck and back injury after a car accident. Some of the most common methods include:
- Medical records: Your medical records, including any imaging studies (such as X-rays or MRIs), can provide detailed information about the extent of your injuries and the treatment you have received.
- Expert medical testimony: A medical expert, such as a doctor or specialist, can provide testimony about the severity of your injuries and how they may impact your future health and quality of life.
- Physical therapy records: If you have undergone physical therapy as part of your treatment, your therapy records can provide information about the progress of your recovery and any ongoing symptoms or limitations.
- Lost wages: If you have had to miss work due to your injuries, documentation of your lost wages can provide information about the impact of your injuries on your ability to earn a living.
- Eyewitness testimony: Eyewitnesses to the accident, such as passengers in your car or witnesses at the scene, can provide testimony about the severity of the impact and the immediate aftermath of the accident.
Overall, it is important to work with a personal injury attorney to gather and present the necessary evidence to establish the severity of your neck and back injury after a car accident. This will help to ensure that you are properly compensated for your injuries and damages.
How to value pain and suffering in a neck and back injury
When it comes to valuing pain and suffering in a neck and back injury, there is no straightforward answer. Each case is unique, and the value of pain and suffering will depend on several factors, including:
- The severity of the injury: The more severe the injury, the more pain and suffering the victim is likely to experience.
- The duration of the pain and suffering: If the pain and suffering lasts for a long time, the victim may be entitled to a higher amount of compensation.
- The impact on the victim’s daily life: If the injury has a significant impact on the victim’s ability to work, participate in daily activities, or enjoy life, they may be entitled to a higher amount of compensation.
- The medical treatment required: If the victim requires extensive medical treatment, they may be entitled to a higher amount of compensation.
- The age of the victim: Younger victims may be entitled to a higher amount of compensation because they have a longer life expectancy.
How to Handle an Unfairly Low Settlement Offer
If you have been in a car accident and the other driver’s insurance company offers you a low settlement amount, it can be frustrating and stressful. However, it’s important to remember that you do not have to accept their initial offer. Here are a few tips on how to handle an unfairly low settlement offer.
First, gather evidence to support your claim. This can include medical bills, photographs of the accident scene and damage to your vehicle, witness statements, and any other relevant documentation. Make sure to also keep track of any missed work and lost wages due to the accident.
Next, consider hiring a personal injury lawyer to represent you. An experienced lawyer can negotiate with the insurance company on your behalf and help you receive a fair settlement amount. Additionally, they can provide legal guidance and ensure that your rights are protected throughout the process.
Lastly, do not be afraid to reject the offer and negotiate for a higher settlement amount. Be prepared to explain why the offer is too low and provide evidence to support your argument. Remember, the insurance company’s initial offer is just a starting point and it is possible to reach a fair settlement with their cooperation or, if necessary, with the help of a court.
If you or someone you love experienced a serious back or neck injury, contact our attorneys today for a free case review. At GJEL we fight for you every step of the way and are not afraid to hold insurance companies responsible by taking them to trial. Call our lawyers today for a free consultation and get the neck injury settlement or back injury settlement you deserve.
Q: I had a back injury from a motor vehicle accident. Is there an average settlement amount?
A: Each case is different and settlements vary greatly depending on the facts of the case and the injuries sustained. Typically serious injuries can lead to larger settlements.
This article was updated by Andy Gillin on 4/4/2023