Car accident neck and back injury victims should understand that no set formula can determine the value of their injury claim. Each individual vehicle crash and injury is surrounded by its own circumstances; your choice of attorney for legal representation and the factors that play into your injuries’ severity may have a significant impact on the compensation you can expect to receive in court. We can go through some of the more common things claimed durning an injury for you to get an idea of an average car accident settlement for a back and neck injury.
Those who have suffered from a neck or back injury as a result of a vehicle accident should, however, consider a handful of factors as they begin their pursuit of compensation. You may be able to more accurately predict or estimate your settlement with an improved knowledge-base of:
- Common neck and back injuries received as a result of car accidents
- Medical costs often associated with treating these injuries
- Courts’ average responses to and verdicts concerning settlements
Valuing Personal Injury Cases
If you elect to pursue compensation for neck or back injuries sustained during a vehicle accident, your case will be classified as a personal injury case. Determining your case’s potential value is a relatively simple process. It’s best to partner with a trustworthy and experienced legal representative as you begin to estimate your case’s value; a seasoned lawyer will be able to help guide your estimation and offer anecdotal advice concerning previous and average settlements.
Your attorney should evaluate your case. The process begins with an estimate of what a jury might award you to help offset the costs (both monetary and otherwise) of your injuries. From here, all you need to do is estimate what the defendant would be willing or able to pay and determine what compensation you’d be willing to accept to settle your case before trial.
That seems far easier than it is.
The Nature of Your Injuries
Your settlement will be directly impacted by the nature of your injuries. That means that the severity and duration of any and all injuries you’re pursuing compensation for must be taken into account. Longer-lasting and more severe injuries generally result in higher settlement amounts. Many courts also award more sizable awards to victims who have sustained injuries like broken bones than those who have experienced soft tissue injuries.
Common Neck and Back Injuries Resulting From Car Accidents
A handful of neck and back injuries are frequently associated with motor vehicle crashes. Potential injuries range from minor to severe. Some may go unnoticed unless a medical professional prompts you to answer certain questions or performs specialized exams. Victims may also sustain more outwardly-apparent injuries. A small sampling of potential injuries includes:
- Herniated discs
- Spinal fractures
- Spinal cord injuries
- Neck, shoulder, and back muscle injuries
- Soft tissue injuries to the ligaments, tendons, and muscles
Never underestimate your injuries’ potential to negatively influence your quality of life. Even injuries regarded as common or minor, such as whiplash, have the potential to cause chronic complications.
Your Medical Treatment
Your approach to seeking medical treatment—and medical professionals’ approach to providing it—will likely prove to be a direct influence on your settlement. Many courts and insurance companies factor the cost of medical treatment into a victim’s settlement value. Injuries that require surgery, for example, necessitate more sizable settlements than those that only call for bracing or physical therapy.
Common Damages Experienced as a Result of Neck and Back Injuries
If you or a loved one have injured your back or neck during a motor vehicle crash, you’re likely facing many damages. Some of these damages come along with straightforward monetary values. Others may be more difficult to determine.
Some of the easiest damages to understand, value, and claim include:
- Past and future medical bills including medical transport at the time of the accident, doctor’s fees, surgery costs, and long-term medication or physical therapy costs
- Lost income or wages if injuries lead to missed work
Other damages often prove more difficult to pinpoint and assign a monetary value to. These may include:
- Diminished earning potential if your overall current and future earning potential is reduced as a result of the injuries you sustained
- Pain, suffering, and emotional distress caused by your back and neck injuries
Pursuing Your Settlement and the Importance of Evidence
Texas is known as a fault car insurance state. In layman’s terms, this means that car accident victims may file lawsuits and insurance claims against the driver at fault for the accident. This rule applies to every party involved in an accident—each driver may be held liable for damages or injuries that they caused during an accident.
Car accident settlements don’t differ much from other types of settlements. Your success in the pursuit of compensation will depend heavily on the evidence that you can provide to support your case. If you work with a lawyer, they’ll be able to offer advice on what sort of documentation you should have prepared to further your case. You’ll have a better chance of receiving the damages you seek if you can provide critical information like witness statements and police reports.
Legal Counsel Can Help Increase the Likelihood of a Fair Settlement
There is no one average settlement amount for back and neck injuries incurred as the result of a motor vehicle accident. With that in mind, understand that each case has varying degrees of potential when it comes to compensation. Your settlement or award will be directly influenced by the evidence that you can provide, the way you’ve gone about seeking medical treatment, and your knowledge of your rights.
These facts make it easy to understand why seeking the advice of a legal professional is paramount to reaching a settlement agreement that you deserve. If you or a loved one have experienced back or neck injuries due to a motor vehicle accident, speaking to an experienced personal injury attorney can help you understand your rights and the best options moving forward.