Car accidents are dangerous because they can lead to severe injuries or deaths. Some people are lucky enough to survive with scratches and minor injuries.
However, every wound will cause you to suffer from medical bills, lost wages, and much more. This is why you may be wondering about the average settlement for car accident back and neck injury.
The good news is you can learn all about it today. Below we have detailed everything about the average settlement for car accident back and neck injury.
Common Back And Neck Injuries From Car Accidents
The average settlement for car accident back and neck injury is determined by the type of wound. These injuries can include:
- Whiplash injuries
- Herniation of lumbar disc
- Neck sprains
- Fracture of vertebrae
- Pinched nerves
- Cervical injuries
Some of these wounds such as sprains are less severe injuries that don’t require surgery. Meanwhile, herniated discs may cause you to receive surgical treatment.
Average Settlement For Car Accident Back And Neck Injury Amounts
The average settlement for car accident back and neck injury depends on each case. Here are the typical amounts you can seek for compensation under different injury categories:
1. Back Injury Settlement Without Surgery
You can receive about $10,000 to $100,000 for back injuries without surgery. The average amount will depend on various factors such as the exact type of your injury.
For example, the settlement for a pulled muscle will be towards the side of $10,000. It may even be less if you’re not suffering from severe pain or other issues.
The injury may cause you to receive more than $100,000 if you have to get surgery. Your average settlement may also be higher if the back injury without surgery is combined with other wounds.
Typically, victims suffering from back injuries after car accidents also experience neck problems. You may also experience head trauma.
All these things will affect the average settlement for car accident back and neck injury.
2. Neck Injury Settlement Without Surgery
The average settlement for neck injuries without surgery ranges from $12,000 to $90,000. You’ll receive a higher amount if your injuries are severe and require prolonged medical treatment.
Meanwhile, less severe injuries such as neck sprains won’t get you more than $22,000 usually. Getting a medical certificate of the treatment would help you seek fair compensation.
If you get surgery for neck and back injuries, the settlement amount would increase significantly.
Typically, people can get up to $600,000 as the average settlement for car accident back and neck injury with surgery.
3. Soft Tissue Back Injury Settlement Amounts
Soft tissue back injuries are one of the hardest injuries to seek compensation for. That is because proving the origin of these wounds can be difficult.
Examples of soft tissue in your body include:
- Fat
- Blood vessels
- Tendons
- Muscles
- Nerves
- Tissue surrounding joints
If you tear a ligament around your back, it will be considered a soft tissue back injury. The average settlement for this injury is $10,000 to $20,000.
However, the amount may increase up to $200,000, depending on the severity of your injury.
4. Cervical Spine Injury Settlement Amounts
A cervical spine injury is a severe injury that you must seek immediate medical care for. They are often secondary to neck damage due to blunt force trauma.
Symptoms of such an injury include loss of coordination of eye movements, numbness, paralysis, and more. That is why you can receive about $100,000 to $200,000 for such injuries.
This settlement figure mainly covers immediate medical bills, physical therapy, lost wages, and emotional suffering.
If you require future medical treatment, the amount can exceed up to $400,000 to $600,000.
Average Settlement For Car Accident Back And Neck Injury Amounts By State
The average settlement for accident back and neck injury will differ by state. That is because every state has different laws and insurance limitations.
So let’s look at the average settlement for car accident back and neck injury by state:
- Hawaii – $2,006,000
- California – $1,728,491
- Kansas – $1,670,133
- Arizona – $1,377,833
- Florida – $965,562
- Idaho – $740,750
- Illinois – $651,081
Factors Affecting Average Settlement For Car Accident Back And Neck Injury
Let’s look at the top factors affecting the average settlement for car accident back and neck injuries:
1. Nature And Severity Of The Injury
The nature and severity of your injury is one of the main determining factors of the average settlement for car accident back and neck injury.
If the crash leads to minor injuries such as a few scratches, your settlement amount may be a few thousand dollars.
Meanwhile, severe injuries can let you seek compensation of up to $100,000. This is the typical amount of wounds with or without surgery.
Typically, the nature of your injuries will determine the value of your immediate medical bills. The severity will also affect the future medical bills.
Both types of bills are considered to determine an accurate average settlement for car accident back and neck injury. Other factors will also affect this figure.
Whether you’ll be getting surgery or not also affects your compensation amount. Victims prone to receiving surgical treatment require a higher settlement to recover.
So remember your final neck and back injury settlements will be a combination of values determined by different factors.
2. Ongoing Medical Treatment
The ongoing medical treatment of your injuries also affects the average settlement for car accident back and neck injury. For example, you may have fractured your vertebrae.
Such an injury requires you to stay in the hospital for some time. You’ll also have to visit the doctor a few times after being discharged. This will allow them to see the progress of your recovery.
Any visit that you make to the hospital while recovering from the injury comes under ongoing medical treatment. A spinal injury may cause you to book physical therapy sessions for recovery.
Recovering from a spinal injury can cost more than $1 million in ongoing medical bills. If the wound doesn’t heal within one year, you’ll also suffer from bills in the following years.
This is why it is important to consider ongoing medical care to calculate an accurate average settlement for car accident back and neck injury.
3. Shared Liability
Liability is one of the key factors in determining the average settlement for car accident back and neck injury. That is because it will decide whose insurance company will cover your bills.
If the at-fault party is the other driver, their insurance agency will have to cover your bills. However, that may not be the case if the other party doesn’t have insurance.
That is why Florida law makes PIP a requirement for all vehicle owners. This insurance will cover your medical bills, lost wages, and suffering regardless of whose fault it was.
However, PIP has some limitations, which is why the at-fault party is determined to cover additional bills.
If you also have some fault in the accident, the average settlement for car accident back and neck injury will decrease accordingly.
For example, you may have a 20% fault in the accident. If so, you’ll receive about 80% compensation from the other driver’s insurance agency.
If you had 100% fault in the accident, you cannot get the average settlement for car accident back and neck injury from the other driver.
4. Loss Of Wages And Earning Potential
Every person loses some salary when dealing with the aftermath of a car accident. Seeking immediate medical treatment will cause you to lose a day’s wage.
Meanwhile, long-term treatment will cause a significant financial loss. For example, most back injuries require the victim to be at bed rest for a few weeks.
You may not be able to work completely due to the injuries. If so, your lost wages must be covered by the at-fault party’s insurance provider.
The earning potential of the victim also affects their average settlement for car accident back and neck injury. For example, you may suffer from lower back paralysis, leaving you in a wheelchair.
This can cause you to lose your job because the role may require you to perform intensive labor work. Such a job loss is an example of decreased earning potential.
The accident may have caused paralysis in one of your hands. If you’re a writer at a company, you may not be able to type with a single hand. This is another example of loss of earning potential.
So whenever you consider lost wages for average settlement for car accident back and neck injury, you must also consider earning potential.
5. Pain And Suffering
Pain and suffering are intangible determining factors of the average settlement for car accident back and neck injury. There is no fixed way to calculate the worth of your pain.
This is why hiring a car accident attorney may help you with it. Any physical pain you experience due to the crash will affect the overall settlement amount.
For example, the accident may lead to inflammation of the neck or back. Such cases cause the victim to experience episodic pain. People with severe injuries may suffer from consistent pain.
Whatever the case, you will be suffering due to an accident. This is why the at-fault party must compensate you for the pain.
Emotional suffering is also taken into consideration for the average settlement for car accident back and neck injury. You may experience mental health changes after the crash.
For instance, you may face anxiety or panic disorders about driving a car again. The accident may also cause you to become addicted to opiates, which may be given you to by the doctor for pain management.
Recovering from the addiction can also be mentally exhausting. You may have to stay at a rehab for a few months. Mental health changes may also require you to visit a therapist.
All these things will add to your expenses after an accident. So you must consider them before calculating the average settlement for car accident back and neck injury.
6. Physical Therapy
Injuries that cause you to be bedridden for some time may cause you to seek physical therapy for recovery. This is especially true if you have been facing paralysis of the back or neck.
Spinal injuries also require you to seek physical rehabilitation therapy. The worst part is that the therapy can lead to bills worth more than $1 million. This is true when you have to visit the therapist for more than a year.
So be sure to get an accurate estimate of how long you have to go for physical therapy after an accident. This time can be used to determine your future healthcare bills.
Your lawyer will add the total amount to your compensation value to seek an accurate settlement. A cervical spine injury is one of the common injuries that cause patients to seek physical therapy.
Such patients also undergo surgical treatment for recovery. Victims with back paralysis or herniated discs may also have to go for physical therapy.
The nature and severity of your injuries will help you determine whether you need physical therapy.
7. Long-Term Temporary Or Permanent Disability
Long-term impairments play a significant role in achieving the average settlement for car accident back and neck injury. The disability may be temporary or permanent, depending on the severity of the accident.
These impairments may cause you to lose wages due to bed rest or other advice from the doctor. You may also not be fit enough for the same role, so your company may have to let you go.
Whatever the reason, your financial burden will increase due to the disability. That is why it is a factor in determining the settlement amount after car crashes.
The WHO has determined that most people suffering from disabilities from age three to 35 are crash victims. Auto accidents are also one of the common causes of death in the US.
This is why you must file an insurance claim to reduce your financial burden after a crash.
8. Wrongful Death
If you lose a loved one due to a car accident because of someone else’s fault, you may file a wrongful death claim. Their insurance agency will have to cover you for the loss.
They will also have to cover the funeral and hospital bills in the compensation amount. Similarly, if you lose your life in an accident, your family will be entitled to seek a settlement from the at-fault driver. The best way to seek wrongful death compensation is by hiring a personal injury or car accident lawyer. They can help you determine the worth of your case.
Your lawyer will also secure the best compensation for you by considering various factors.
9. Insurance Limitations
The final factor affecting the average settlement for car accident back and neck injury is insurance limitations. Every company has set maximum caps on their policies. This means you cannot achieve more than a specific value from an insurance company.
Some providers may also minimize your payout by using bad-faith tactics. That is because an insurance agent’s main aim is not to help you but to lower their payouts.
Always read the policies of the specific insurance provider before agreeing to their settlement offer. Hiring an attorney will also be best because they can advise on taking the compensation.
A lawyer may take your case to trial and get you a settlement worth three times the insurance company’s offer. The amount may be higher, depending on the other accident factors.
The Role Of Pain And Suffering In Settlement Amounts
Pain and emotional suffering have no fixed limit when it comes to settlement amounts. The nature of your case will help you estimate an accurate value.
If your case goes to trial, the judge will quantify your pain and suffering using precedents and other factors of your case. The average payout for pain and suffering after car crashes is $23,234.
How To Pursue An Injury Settlement After A Car Accident
Let’s look at how you can pursue the average settlement for car accident back and neck injury:
1. Get Immediate Medical Attention
The top thing you must do is seek medical attention promptly after an accident. This is regardless of whether you have minor wounds. Some injuries after crashes are secondary, so their symptoms may appear later.
For instance, complications due to cervical spine injury occur 24 to 72 hours after the accident. If you don’t seek medical treatment immediately, the insurance company can reject your claim easily.
They may also argue that you suffered from cervical damage due to a different cause after the accident. So always visit a hospital after a car crash even if it’s for minor scratches.
The defense attorney may also claim the complication occurred because you didn’t seek treatment on time. This means your negligence may be considered during shared liability.
Get a medical certificate from the doctor and their expert opinion in writing. This will serve as evidence when you file for the insurance claim with other documents.
2. Let Your Employer Know If You’re Injured While Working
Many people get hurt in car accidents while on the job. For instance, you may be a truck driver for an automobile company. You may also be working as a delivery rider for a fast-food restaurant.
If you get into an accident during working hours and in the company vehicle, you must inform your employer. That is because the case may also qualify for worker’s compensation.
This is especially true if you shared liability in the accident because the company car was malfunctioning. Your employer may also help you with the paperwork you require to file an insurance claim.
3. Collect Evidence
Collecting evidence is necessary before you can file a claim for the average settlement for car accident back and neck injury. You must prove which party caused the crash.
Filing a police complaint after the accident may help you with this. You may also locate witnesses on the scene and take their written testimony for evidence. A lawyer may help you with evidence collection.
Other documentation you must submit for proof include:
- Medical records
- Healthcare bills
- Pictures or videos of your injuries
- Police report of the accident scene
Once have all these documents you can start your insurance claim right away.
4. File A Claim
You’ll have to file a claim with the at-fault party’s insurance provider to seek compensation for injuries. If you’re in Florida, you must also initiate a PIP insurance claim with your own provider.
The relevant agencies will review your evidence and perform their own investigation. If they find your case to be deserving of compensation, the agency will provide a settlement offer.
You may accept that offer or negotiate for more. A lawyer may also take the claim to a court trial to help you get the rightful compensation.
The top thing you must ensure is that your claim is within the statute of limitations. For example, this limit in Florida is two years after the accident date.
5. Talk To A Car Accident Lawyer
The final step of pursuing the average settlement for car accident back and neck injury is talking to a lawyer. They will offer you an accurate estimate of your rightful compensation.
An attorney may also help you get expert medical opinions for your case. They will prepare you for meetings with insurance providers. If the case goes to trial, you must also be ready for court statements.
Your attorney will prepare you for giving court statements and file all necessary paperwork to reduce your burden.
The best thing about hiring an attorney is they can help you determine the damages you can seek a settlement for. They may also charge you only after winning your case.
What Damages Are You Entitled To After A Car Accident?
You are entitled to economic and non-economic damages after crash crashes. The former includes any damage that causes you to lose money such as:
- Medical bills
- Lost wages
- Loss of earning potential
- Car repair costs
- Other property damage
Meanwhile, non-economic damages may be intangible and not associated with loss of money such as:
- Physical pain
- Emotional suffering
- Decreased quality of life
- Scars
- Death
FAQs
How Much Is A Neck And Back Injury Settlement?
Neck and back injury settlements can range from $10,000 to $100,000. This amount may be higher if you receive surgery for your injuries. The severity of the wound will also affect the settlement.
How Much Can You Get For Back Pain In A Car Accident?
Victims usually get up to $20,000 for pain after car accidents. The amount may rise to $100,000 if the pain leads to complications or makes you aware of underlying issues. For instance, back pain may be associated with a spinal injury after the crash.
How Much Can You Get From A Neck Injury?
You can get about $12,000 to $90,000 for neck injuries after accidents. People with minor wounds receive an average settlement of $5,000 to $20,000. The amount may be higher if the injury is severe and requires prolonged treatment.
How Much Compensation For A Back Injury?
The compensation of a back injury will depend on its type. For example, whiplash injuries have a settlement of up to $22,000. Meanwhile, fractured vertebrae can help you seek compensation of up to $300,000.
Contact A Car Accident Attorney In Winter Park Florida For A Fair Settlement
That was all about the average settlement for car accident back and neck injury. You can hire an attorney in Florida to initiate an insurance claim for car crashes.
The best thing is you don’t have to research any further. Contact us now to consult with our experienced team of car accident and personal injury lawyers.
They will file paperwork for your case immediately or advise you on permanent injury settlement amounts.
