How Much Is a Back Injury Worth in an Accident?

How Much Is a Back Injury Worth in an Accident?

Whether you were involved in a car accident, a fall at your local grocery store, or another form of trauma caused by someone else's negligence, there's a good chance you suffered some sort of back injury. Since our back plays an integral role in almost everything we do, suffering a back injury can change your life in many ways. If someone else is to blame for your injuries, consider bringing a personal injury claim to receive the compensation you need to cover your losses.

How Much is the Average Settlement for a Back Injury?

Depending on the severity of your injury and how your life is impacted, average back injury settlements can range from $10,000 to $100,000. A back injury settlement can also be lower or higher than this, with some cases being resolved in the millions of dollars. This wide value range results because back trauma is a complex injury with a broad range of severity.

Cases involving back injuries deal with everything from soft tissue damage to spinal cord injuries. As a result, estimating how much the average settlement is for a back injury accident presents many challenges.

An Experienced Personal Injury Attorney Can Help You Maximize Your Back Injury Settlement

To better help you understand what this means for your back injury case, our personal injury lawyers discuss what you should know about back injury accidents, the legal remedies available to you, how much is a back injury worth, and how a skilled back injury attorney can help you fight for the maximum financial recovery.

Common Back Injuries Caused by an Accident

Back injuries can occur due to a variety of circumstances, ranging from sudden traumatic events to gradual wear and tear over time. Understanding these common causes can help in the prevention and treatment strategies. Here are some major contributors:

Slips, Trips, and Falls

These incidents can give rise to various types of back injuries depending on the nature of the fall and how one lands. For instance, falling on a slippery surface might cause you to land hard on your buttocks, leading to a potential coccyx fracture or disc injury. Similarly, falling from height can compress the spine resulting in fractures or even spinal cord injury. Slips and falls commonly occur in workplaces with wet floors or cluttered spaces, residential areas with loose rugs or spilled liquids, and public places with uneven sidewalks or icy conditions.

Car Accidents

The abrupt force exerted during car accidents can result in severe trauma to your back. Whiplash is common in rear-end collisions when your head is thrown forward and then violently snapped back causing strain to neck muscles and ligaments potentially extending down to your upper back. Car accident victims may also suffer herniated discs where the soft cushion between vertebrae is pushed out causing nerve pain; fractures where vertebral bones are cracked; or spinal cord damage which may have serious implications including paralysis. If you suffer any of these injuries, reach out to a skilled car accident lawyer immediately.

Workplace Hazards

Certain jobs directly impact one’s risk for developing back injuries due to their physical demands or working conditions. Manual labor jobs involving heavy lifting (like construction workers) often expose employees to risks of strains, sprains, and more serious conditions like herniated discs if safety measures are not properly implemented.

Besides manual labor roles, office jobs also carry the risk of back or neck injury – largely due to poor ergonomics, leading to chronic lower back pain over time. Sitting for extended periods puts approximately 40% extra pressure on your spine compared to standing up straight; moreover, slouching while seated amplifies this pressure even further, straining muscles and ligaments supporting the spine.

Repetitive movements — particularly twisting and turning motions such as those found in assembly line roles — can, over time, wear down spinal structures, leading to chronic discomfort or acute workplace injury.

If you do experience a back injury, no matter how it happened, it's important to seek medical attention promptly for the most effective treatment.

Common Back Injuries Caused by an Accident

Serious back injuries occur for many reasons. Following an accident, such as a car wreck or a slip and fall, certain back injuries result more frequently than others.

Soft Tissue Injuries

These injuries include sprains, strains, and tears to tendons, muscles, and ligaments. These back injuries can result in significant pain, stiffness, tenderness, and muscle spasms.

Herniated Disc

A herniated disc, also referred to as a ruptured disc, tends to result when an extreme force causes the discs in the spine to slip out of place, crack, or rupture. Although a herniated disc is usually painless, it can lead to significant pain if it compresses a nerve in the lumbar or cervical spine.

Fractures

Following an accident, the vertebrae in the spine may fracture. One of the most common spinal fractures that can develop is a compression fracture, which results from significant pressure or stress on the spine that can cause small cracks or fissures in the bone. However, if the fracture is more severe, it may damage the spinal cord and the surrounding nerves and require immediate medical attention.

Spinal Cord Injuries

During an accident, you can lacerate, bruise, or damage your spinal cord from extreme pressure, leading to permanent nerve damage or paralysis. Spinal cord injuries often require immediate medical attention.

Although these are some of the more common back injuries resulting from an accident, they are not the only ones. If you're in an accident and sustained a back injury, even if it is not on the above list, reach out to an experienced back injury attorney as soon as possible. These lawyers can review your case, determine if you have a viable claim, and help you pursue the compensation you need to ensure you get the necessary medical treatment.

Obtaining Compensation Following a Back Injury Accident

If the wrongful actions of another individual injured you, there are two ways to obtain compensation for your injuries and associated losses. You can negotiate an out-of-court settlement or go to trial and receive a verdict awarded by the court. In general, settlements are more common than verdicts, as many parties prefer to settle outside the courtroom instead of dealing with the expensive, lengthy, and risky litigation process.

During the settlement negotiations, attorneys for both sides will attempt to work out a mutually acceptable sum of money. A settlement needs to address the victim's current expenses and future costs, along with other related losses. If these settlement negotiations work, they usually resolve a case in advance of a scheduled court date. However, if it becomes impossible to reach an agreement, a trial may be necessary to resolve the issue.

How Much Is My Back Injury Settlement Worth?

Once the injured party accepts a back injury settlement offer, they cannot ask for more money down the road, even if additional expenses arise from the original accident. For this reason, following your back injury accident, consult with an experienced back injury lawyer as soon as possible.

A dedicated personal injury lawyer can help you fight for the injury settlement you need, making sure it covers all your current and future expenses related to the accident. If they cannot reach a fair injury settlement with the liable party, they should be prepared to file a personal injury lawsuit to obtain a settlement that truly reflects the compensation they deserve.

At The Levin Firm Personal Injury Lawyers, our attorneys will be ready to take your case to trial if necessary to fight for maximum compensation on your behalf.

Specific Factors That Can Affect the Average Back Injury Settlement

No attorney can tell you exactly how much your back injury case is worth, primarily because too many factors can affect your case and the amount of money you can receive.

Some of the factors that might impact the average back injury settlement include:

• The severity and the nature of your back injuries or spinal cord injuries
• The types of medical treatments required now and in the future
• The length of these medical treatments
• Whether your back injury resulted in a permanent disability
• Your ability to work following the accident
• If the crash resulted in lost wages
• Your ability to take part in normal daily activities following the accident
• The certainty of the defendant's liability
• The credibility of the evidence presented
• The need for replacement services following the accident
• The extent of the pain and suffering that resulted from the incident

Even though an attorney cannot tell you exactly how much money to expect following a back injury accident, they can review these factors, prepare a strong case, and help you pursue the maximum financial recovery possible.

What Is a Back Injury Settlement Without Surgery Worth?

A back injury settlement without surgery expenses will likely be lower than one involving extensive surgeries and complicated medical care. However, even without the need for surgery, the costs incurred as a result of treatment, rehabilitation, and time off work can be substantial. You may be wondering what kind of settlement you are entitled to in such situations.

Since a neck or back injury can vary drastically in terms of cost and treatment even without surgery, there is no average settlement amount for a back injury without surgery. When determining the amount of compensation for back injuries that did not involve surgery, there are several things that come into play:

Medical Expenses

This includes all costs directly associated with the injuries sustained due to your accident—you should be compensated for any medical bills connected to your accident. It covers hospital visits, physical therapy sessions, chiropractic treatments, medications prescribed by doctors, and any other related healthcare expenses.

Income Loss

If your back injury has caused you to miss work or is likely to affect your future earning capacity, these lost wages form an essential part of your settlement. Documentation from employers and physicians is usually required to justify this aspect of the claim.

Pain and Suffering

This compensation relates to the emotional distress and physical discomfort endured due to the injury. Depending on the jurisdiction's laws and regulations governing pain and suffering awards in personal injury cases--which vary widely--this could constitute a substantial portion of a settlement.

Out-of-Pocket Expenses

These are any additional costs directly resulting from your injury—for example, transport costs related to doctor’s appointments or home modifications required due to mobility issues stemming from your back injury.

Impact on Quality of Life

If your enjoyment of life has been negatively affected due to ongoing pain or limitations in activities you previously enjoyed before the accident, compensation should be considered during negotiations.

Each case is unique with variables including varying legal parameters across jurisdictions; differing degrees of physical impairment or residual pain; differing levels of disruption caused by the accident across professional responsibilities or personal lifestyle, and the negotiation abilities of legal representation, among other factors. Therefore, amounts received in a back injury settlement for back injuries that didn’t require surgery can vary significantly.

Consult with an experienced personal injury attorney to understand your rights and potential compensation after a car accident that results in a back injury. It's their role to advocate for your best interests and strive to ensure you receive the maximum settlement you are entitled to under the law. This includes all costs directly associated with the injury—you should be compensated for any medical bills connected to your accident. It covers hospital visits, physical therapy sessions, chiropractic treatments, medications prescribed by doctors, and any other related healthcare expenses.

Can I Seek Compensation for Whiplash with Back Pain?

Whiplash is a neck injury commonly associated with car accidents, particularly rear-end collisions. While whiplash primarily affects the neck's soft tissues (muscles, ligaments, tendons), it can have implications beyond this region leading to back pain and discomfort.

What Is Whiplash?

The whipping motion strains the cervical spine's muscles and ligaments due to overstretching - this often leads to symptoms such as stiffness, and pain in the neck area which can sometimes extend down into the shoulders or upper back. Furthermore, severe whiplash might affect intervertebral joints, discs, and nerve roots causing broader spinal damage and potentially leading to lower back pain. These back and neck injuries may cause you to miss work and incur substantial costs related to treatment.

Symptoms of Whiplash With a Back Injury

The onset of related back pain may not be immediate; it could be delayed by several hours or even days after the initial injury. Symptoms might include dull aches in your lower back; sharp pains when trying to stand up or change positions; difficulty moving freely; muscle tightness, and increased soreness after long periods of sitting or standing.

To effectively pursue such a claim for whiplash injuries, make sure you report all symptoms to healthcare professionals, adhere to your treatment plan, and seek competent legal counsel who understands local jurisdiction laws governing such matters ensuring proper presentation of a case to maximize potential compensation.

Damages You Can Pursue in a Back Injury Accident Claim

If negotiations go south and you cannot reach a settlement agreement following severe injuries, you may pursue the compensation you need by filing a lawsuit. This compensation breaks down into the following types of damages:

Economic Damages

Legal economic damages refer to the actual and easily quantifiable losses that result from an accident.

They can include:

• Past and current medical bills related to doctor visits, hospital stays, ambulance services, emergency room visits, surgeries, prescription medications, and other medical treatments
• Lost wages and reduced earning capacity
• Personal property damages, including replacement services and repair costs
• At-home nursing care
• Domestic replacement services such as grocery shopping or child care services
• Rehabilitative therapy (occupational and physical therapy)
• Other out-of-pocket expenses

Non-Economic Damages

These damages refer to the subjective losses that result from an accident. However, because these losses are not easy to quantify, they are also more difficult to value and prove.

Some of the more common non-economic damages that tend to arise following a back injury accident include:

• Pain and suffering
• Mental anguish
• Loss of companionship
• Loss of a limb
• Loss of consortium
• Loss of enjoyment and quality of life
• Scarring
• Disfigurement
• Inconvenience
• Humiliation
• Reputation loss

Punitive Damages

Unlike other damages, which compensate the victim for their losses following an accident, punitive damages punish or penalize the wrongful party for their egregious actions and deter other parties from committing these acts in the future.

However, due to the nature of these damages, they are not awarded in most personal injury cases. Rather, for a victim to obtain punitive damages, their attorney must show through clear and convincing evidence that the defendant's actions were grossly negligent or the defendant acted purposely and maliciously.

Settling Your Back Injury Claim With the Insurance Company—What to Watch Out For

Depending on the accident that led to your back injury, the insurance company may offer you a quick settlement amount. Although this may sound like great news, it is not always in your best interest to accept this offer.

Insurance companies may offer you money soon after an accident when you are most vulnerable. They hope you will not think twice before accepting their offer and not contact a lawyer to verify whether the amount is acceptable.

This offer may barely cover your current costs, let alone any future expenses that arise from the accident, such as ongoing medical treatments or assistive medical devices. If you accept this settlement amount, you cannot return to the insurance company and ask for more money later.

Before you accept anything from the insurance company following a back injury accident, reach out to an experienced back injury lawyer as soon as you can. These knowledgeable legal professionals can review your settlement offer and determine if it is fair. If it is not, they can further negotiate for a more reasonable amount or file a civil lawsuit on your behalf.

How an Attorney Can Help You Obtain the Maximum Back Injury Settlement Amount

Following a back injury accident, the last thing you want to worry about is gathering evidence to prepare legal arguments to prove what happened so that you can collect the money you need. Fortunately, with a skilled personal injury lawyer fighting on your behalf, you don't have to take on this legal fight alone.

Evaluating Your Injury Case

Engaging with a proficient personal injury lawyer opens up a path for a thorough case evaluation. They can go over your back injury accident with you in detail, figure out if you have a viable case, and help you determine your legal options. A comprehensive understating of the circumstances surrounding your injury lays the foundation for your claim.

Offering Essential Legal Support

During the daunting period following a back injury, having a team of legal professionals at your disposal can make a significant difference to your peace of mind. Not only will they answer any questions you may have, but they can also provide the vital legal support necessary during these challenging times.

Investigative Excellence

An essential function of your lawyer will be their ability to thoroughly investigate the incident and obtain the evidence needed to show fault and damages. Accumulating substantial evidence is a critical step, as it establishes fault and damages, integral facets of your personal injury case.

Establish Accountability

The attorney ensures that all parties responsible for your accident are held accountable for the injuries and losses you've sustained. This process often includes navigating complex situations where multiple parties might be at fault.

Involvement of Industry Professionals

Even though we steer clear of labels such as "experts," we take pride in engaging with highly experienced industry professionals, including accident reconstructionists, medical practitioners, and financial specialists, to validate your claim. Their input strengthens the authenticity and value of your claim.

Negotiating Your Settlement

Handling negotiations and discussions with the insurance company and relevant parties can be a daunting task. However, our trained lawyers are adept at these exchanges and will endeavor to secure a fair settlement for your injury claim. They take the burden off your shoulders, allowing you to focus on your recovery.

Pursuing Litigation for Fair Resolution

If the opposition remains obstinate and unwilling to negotiate fairly, it may be necessary to take your case to trial. Our attorneys are equipped and ready to proceed with litigation in pursuit of achieving a successful resolution. We will stand beside you through each step, determined to seek the justice and compensation that you rightfully deserve.

Work With a Skilled Personal Injury Attorney to Fight for the Full Settlement That Your Back Injury is Worth

If an accident left you with a significant back injury, do not wait to retain legal help. Instead, reach out to an experienced back injury lawyer today for a free consultation. Let your lawyer help you fight for your rights and the financial damages and justice you deserve.

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