Suffering from back and neck injuries after a car accident can be extremely painful and life-altering. You may be wondering what to expect when it comes to receiving compensation for these injuries.
Settlement amounts can change widely depending on the details of your case. By understanding the factors that determine settlement value, you’ll be better equipped to receive fair compensation for your injuries.
Common Back and Neck Injuries from Car Accidents
The most common type of traffic accident in California in 2022 was a rear-end collision, accounting for 27% of all accidents.
These high-impact collisions often cause whiplash or other back and neck injuries:
Whiplash
Whiplash is the most frequent injury in rear-end crashes. This common neck sprain or strain happens when the head jerks suddenly back and forth. Symptoms include:
- Neck pain or stiffness
- Reduced range of motion
- Headaches
- Blurred vision
- Dizziness
- Shoulder and arm pain
Mild whiplash may heal within a few weeks. But more severe cases with ligament tears or disc injuries can take months. Physical therapy, pain medication, and muscle relaxers help treat whiplash.
Herniated Discs
The force of a collision can cause discs between the vertebrae to rupture or herniate. This presses on nearby nerves, leading to:
- Numbness or tingling in the arms and legs
- Muscle weakness
- Severe neck or back pain
Conservative treatments like rest, ice, medication, and physical therapy can help. But surgery may be required for serious disc herniations.
Spinal Cord Injuries
In the most severe crashes, victims may sustain spinal cord damage. Symptoms depend on the location and extent of the injury but can include:
- Partial or total paralysis
- Loss of muscle function
- Breathing difficulties
Spinal cord injuries have long recovery times and often cause permanent disability. Treatment focuses on preventing further damage and managing symptoms. Long-term effects can include impaired mobility, loss of sensation, chronic pain, and increased risk of cardiovascular disease.
Ongoing rehab and assistive devices help maximize independence. However, these catastrophic injuries often lead to permanent disability.
Factors That Determine Settlement Amounts
Settlement offers will vary based on the unique circumstances of your case.
Here are some of the main factors that impact settlement amounts for back and neck injuries:
- Severity of injuries – More severe injuries that require surgery or lead to permanent impairment warrant higher settlements than minor soft tissue injuries.
- Long-term prognosis – If you are expected to recover fully, settlements tend to be lower than if you have a lifelong injury.
- Liability and negligence – Clear negligence by the other driver typically results in higher settlements than if liability is disputed.
- Lost income – Ongoing lost wages due to being unable to work increase the settlement value.
- Medical costs – Higher medical bills validate increased compensation for your injuries.
- Pain and suffering – The more your daily life is disrupted by pain, the higher this settlement component.
- Insurance coverage – The at-fault driver’s policy limits settlements unless you have underinsured motorist coverage.
- Legal representation – In many cases, the appointment of an experienced personal injury lawyer leads to significantly higher settlements.
- Jurisdiction – Local laws and case precedents influence settlement expectations.
With so many variables, it’s impossible to predict an “average” or “typical” settlement amount. However, looking at possible ranges for common injuries gives a general idea of what to expect.
Average Settlement Ranges for Back & Neck Injuries
While every case is different, here are some general settlement ranges based on injury severity:
- For minor soft tissue injuries like uncomplicated whiplash, settlements often fall below $10,000.
- For moderate injuries like a single herniated disc, settlements may range from $50,000 to $100,000.
- For severe injuries like spinal cord damage, settlements frequently exceed $1 million.
- Settlements also tend to be higher in metro areas like San Diego, where juries are accustomed to higher verdicts.
- Cases involving surgery, permanent impairment, or clear negligence often reach the higher end of typical ranges.
- Pre-existing conditions can lead to lower settlements if there’s a dispute over what portion of the injury was caused by the accident.
These averages demonstrate how significantly settlement amounts can vary based on the details of your case. That’s why it’s critical to understand how insurance companies value injury claims.
Maximizing Your Car Accident Settlement Value
Here are some tips for receiving fair compensation for your injuries:
- Document everything – Keep detailed records of medical expenses, lost income, mobility restrictions, and pain levels. Photos or videos of injuries can also help validate claims.
- Get experienced legal help – An attorney familiar with local injury settlements can negotiate the maximum amount and handle the legal complexities.
- Be willing to go to trial – Insurance companies often raise offers to avoid court. Your willingness to go to trial gives your attorney important leverage in settlement negotiations.
- Follow doctor’s orders – Adhering to prescribed treatment and rehab shows the insurer you’re committed to getting well and not exaggerating your injuries.
- Wait to settle – Finalizing a settlement too soon locks you into compensation before full damages are known. Be patient and wait until your recovery has plateaued.
The best way to ensure fair compensation for your injuries is by hiring an experienced personal injury attorney. They understand what your claim is worth and will fight relentlessly to recover every dollar you deserve. Don’t leave money on the table by trying to handle it yourself.
Protect Your Rights After a Car Accident
Suffering back and neck injuries in a car accident can disrupt every aspect of your life. You deserve compensation to cover all your losses. However, recovering fair settlement value from insurance companies can be extremely difficult without legal representation.
Serving San Diego and Ramon, CA, the attorneys at Pasternack Injury Law Group have been helping Californians secure compensation for years. When insurance companies don’t play fair, they can help you understand what to expect and maximize your injury settlement.
To explore your choices with an experienced personal injury lawyer, visit Pasternack Injury Law Group online at https://pasternackinjurylaw.com/ for a FREE consultation.
