Car accidents can be devastating, especially when they result in back or neck injuries. Whether you have whiplash, a herniated disc or more serious spinal damage, knowing what to expect in a settlement can help ease the stress.
Settlements for back and neck injuries in car accidents can range from very little to hundreds of thousands of dollars. If you have one of these injuries, understanding the process can help you set realistic expectations for your recovery.
One new tool that is helping people deal with the complexity of injury claims, including back and neck injuries, is Mighty.com. Mighty uses artificial intelligence (AI) to simplify the process of filing injury claims and getting paid. By using AI tools they help figure out the best course of action for injury claims, so accident victims can navigate legal paperwork, collect necessary documents and calculate potential settlement values. The inclusion of AI can cut down the complexity and time involved in personal injury cases, especially for those with serious injuries.
While tools like Mighty.com are helpful, there are many other factors to consider when determining the value of your claim. Below we’ll walk you through the key elements that affect a back and neck injury settlement in car accidents and what to expect.
Settlement Factors for Back and Neck Injuries
In personal injury cases involving car accidents, settlements aren’t a one size fits all. Each case is different and has different variables, that’s why settlements for back and neck injuries range from a few thousand to hundreds of thousands. Here are the main factors that affect the settlement amount for your injury:
1. Severity of the Injury
The biggest factor in your settlement is the severity of your injury. Minor cases like whiplash or mild muscle strain will have smaller settlements. More serious injuries like herniated discs, fractured vertebrae or spinal cord damage will have much bigger settlements.
Whiplash: One of the most common neck injuries from car accidents, whiplash is when the head is jerked forward and backward. Whiplash settlements are $2,500 to $10,000 for mild cases. Severe whiplash with long term effects can be up to $100,000.
Herniated Disc: This is when the soft tissue between the vertebrae in the spine is damaged which can lead to chronic pain or surgery. Settlements for herniated discs start at $30,000 but can be over $100,000 if surgery or long term care is required.
Surgery, ongoing treatment or permanent disability will result in more money. Long-term effects of the injury will also matter.
2. Medical Expenses
Medical bills are a big part of any personal injury settlement. If your back or neck injury requires surgery, physical therapy or long term pain management, your settlement will need to reflect those costs. Here are some typical medical expenses that can be included in your settlement:
- ER visits
- Diagnostic tests (e.g. X-rays, MRIs)
- Surgery and hospital stays
- Physical therapy
- Chiropractic care
- Prescription meds
Even ongoing or future medical expenses can be included if you need long term care or rehab for your injury.
3. Lost Wages and Future Income Loss
Another big factor in determining a settlement is the impact of the injury on your ability to work. If your back or neck injury prevents you from working, even temporarily, you may be entitled to compensation for lost wages. In cases where the injury has a long-term impact on your earning capacity your settlement will include an estimate of future income loss.
For example, if a severe back injury requires surgery and months of recovery where you can’t work, your settlement would include past and future lost wages. If the injury permanently limits your ability to do certain job tasks you may receive compensation for reduced earning potential.
4. Pain and Suffering
Back and neck injuries can cause physical pain and emotional distress especially if they lead to chronic pain or a diminished quality of life. Courts award more for injuries that cause long term pain and suffering but quantifying this can be subjective. Consequently, the average settlement for car accident back and neck injury victims is hard to state. In legal terms pain and suffering can include not only physical pain but also mental anguish, emotional distress and the loss of enjoyment of life.
For example, if a neck injury leaves you with chronic pain that affects your daily activities or ability to do hobbies this could result in higher compensation for pain and suffering. But proving pain and suffering can be tough and often requires testimony from medical professionals as well as detailed documentation of how the injury has impacted your life.
5. Liability and Insurance Limits
The settlement amount is also affected by liability and the at-fault driver’s insurance coverage. If the other driver is found fully liable for the accident you may be entitled to a bigger settlement. But if you are partially at fault your settlement could be reduced by the percentage of fault assigned to you.
Also, insurance policy limits can impact the amount of compensation you can receive. If the at-fault driver’s insurance policy has a low limit, your settlement may be capped at that amount unless additional claims are made through your own underinsured motorist coverage.
The Process
The process for back and neck injuries starts with a demand letter from your lawyer to the insurance company. This letter will outline your injury, medical bills, lost wages and pain and suffering. The insurance company will then respond with a settlement offer which is usually lower than your demand.
Then negotiations will begin and both sides will work to reach a fair settlement. You need to hire a car accident lawyer to guide you through this process and get you the compensation you deserve.
If a settlement can’t be reached the case may go to court where a judge or jury will decide. But most personal injury claims are settled before they get to court.
Conclusion
Back and neck injuries from car accidents can be physical and financial devastating, but knowing the factors that go into a settlement will help you prepare for what’s to come. From the severity of the injury to medical bills and lost wages, many things come into play when calculating compensation. With Mighty.com helping in the process and an experienced personal injury lawyer guiding you, you can get through the settlement process faster and get the compensation you deserve.
