Average Settlement for Car Accident Neck and Back Injuries
Auto AccidentsYour neck and back are vulnerable areas of your body, and any injury to them can be life-altering. After suffering injuries in a car accident, the person responsible should pay for them. The best way to get the money you need after a car accident is to hire an experienced accident attorney.
Your attorney will determine what your case is worth and help you get every dollar you deserve in compensation.
Contact a local car accident lawyer immediately if you have suffered a neck or back injury in a car accident. Read on to learn more about car accident cases that involve neck or back injuries.
Types of Back Injuries
A car crash can cause many different types of injuries. Because of an accident, you may suffer injuries, including sprains and strains, herniated discs, and fractured vertebra. Some back injuries are minor, and the effects resolve quickly, but other injuries can require lifelong or invasive treatment.
Sprains and Strains
If you have sprained or strained a muscle, you know it can be tough to deal with the pain. Sprains and strains are the most common type of back injuries that people suffer after a car accident.
Herniated Discs
A herniated disc is an injury due to trauma to the discs in your back. If you suffer from a herniated disc, you may also suffer nerve damage and numbness in other areas of your body. Herniated disc injuries can significantly affect your life and may not resolve for many years.
Fractured Vertebra
A fractured vertebra injury happens when the spine suffers forceful trauma that cracks the spine. A broken vertebra can cause changes to your posture and chronic pain. In some cases, surgery is necessary to treat these injuries.
Types of Neck Injuries
Neck injuries from car accidents can range from minor harm that only cause discomfort for a few days to damage that will have an accident victim in the hospital for weeks or months to recover. You deserve compensation no matter what neck injury you suffered if a negligent driver caused it. If you have suffered an injury in an accident, call a car accident lawyer in your area to protect your legal rights.
Pinched Nerves
A pinched nerve happens when there is too much pressure on a nerve. A pinched nerve can affect the entire body. While most pinched nerves are resolved quickly with rest, some car accident victims require surgery to get back to normal.
Whiplash
Whiplash is a common neck injury from car accidents. Whiplash happens when your head is forced back and forth like cracking a whip. Whiplash can be painful but might resolve with minimally invasive treatment like ice, rest, or immobilization. Some people need ongoing physical therapy until the whiplash symptoms subside.
Fractures
Fractured bones are broken bones. Fractures may be the most severe neck injuries an accident victim suffers during a car accident. A fracture in your neck can have devastating results. You may lose range of motion in your neck, be unable to sleep properly, or even become paralyzed. A neck fracture can permanently alter your life. If you suffer a fractured bone in your neck, you may need surgery and long-term physical therapy to treat the injury.
Neck and Back Injuries Require Treatment
Some neck and back injuries appear immediately. You know you need emergency treatment due to severe pain or immobility. You might need an ambulance ride or even admission to the hospital. Some people need emergency surgeries, which can require extensive recovery time.
Even if you do not have symptoms that put you in an ambulance, you should still get treatment if you feel anything out of the ordinary. Go to the emergency room, follow up with orthopedists or other specialists, and then keep up with all treatment plans, including rest from work, physical therapy, medications, and more.
Factors that Affect the Value of Your Injury Claim
Whether you suffered a back or neck injury, you are entitled to compensation for your damages. Every car accident case is unique, and there is no way to predict the amount of money you will receive from an accident settlement. Still, there are some common factors to consider when an insurance company or a court decides how much money you are entitled to after an accident. Consider some of the following:
The Severity of the Injury
The more severe your injuries are, the higher the potential settlement payment. Your injuries may require only minor care like topical medication, and other injuries may require long-term care or surgery to treat their injuries. Both neck and back injuries can be catastrophic.
To help your attorney prove your injuries, keep up with your medical records and bills. You should also make sure that you follow all your doctor’s recommendations. The insurance company will look for any excuse not to pay your claim. Do not give the insurance company a reason not to pay you for your injuries.
No matter how minor or severe your injuries are, you deserve fair compensation from liable parties. A local car accident lawyer can assist you as you pursue the compensation you deserve. Contact a local car accident attorney immediately if you have suffered a neck or back injury after a car accident.
Liability
Every car accident victim must prove that the other driver (or another party) is liable for their injuries. You can hold a driver accountable if their negligence or wrongdoing led to your accident and injuries.
Proving liability in a car accident case can require an in-depth investigation. Ensuring you name every potentially liable party in a lawsuit can also be challenging. An experienced accident attorney can help you prove liability and find each person or business responsible for causing your injuries.
Insurance Policy Limits
Insurance policy limits may determine the overall value of your injury case. Car insurance policy limits are the maximum amount of money an insurance company will pay for a car accident victim’s injury.
For example, if the other driver’s insurance policy limits max out at $50,000, that is the most money their insurance company is contractually obligated to pay for the accident. Therefore, the practical value of the case is $50,000. It is important to name all the potentially responsible defendants to ensure you receive enough compensation to cover all your injuries.
Current Lost Wages and Future Lost Wages
You are entitled to compensation for your loss if you missed work because of a car crash. You should seek payment for your current lost wages and any future lost wages you will incur because of the accident.
You can also recover for lost earning capacity. Sometimes, a car accident victim can still work and earn an income, but because of the accident, they cannot work as they did before. If that happens, the injury victim can receive the value difference between their old and new salaries. If you have lost wages or lost earning capacity damages, call an accident attorney in your area to discuss your options for recovery.
Pain and Suffering
Pain and suffering damages differ from the damages you may receive for mental and emotional trauma. Pain and suffering damages cover intangible suffering caused by a car accident.
Cost of Current and Future Medical Treatment
Like lost income damages, you can also recoup the cost of current and future medical treatment expenses. Never make the mistake that many car accident victims make: They settle their case with the insurance company too soon. Allow yourself time to see if your injuries will worsen or if complications develop. Once you accept a settlement offer from an insurance company, you cannot undo it.
A car accident lawyer can protect you from the pressure that an insurance company may put on you to settle and get the compensation you need to recover from your injuries. If you have suffered an injury in a car accident, contact an accident attorney in your area immediately.
Mental and Emotional Trauma
Mental and emotional damages refer to the long-term negative impact of the accident on a victim’s mental health. An example of mental and emotional damage is Post-Traumatic Stress Disorder. If you sought treatment for accident and injury-related mental and emotional trauma, you deserve compensation for those injuries.
Loss of Companionship/Consortium
Loss of consortium is a claim that the spouse of an accident victim can bring to address the loss they suffered after their spouse got into an accident. Your spouse may have a claim for their loss of your companionship, and they can also be a plaintiff in the lawsuit you file. If they can prove their damages, the overall value of your case will increase.
Property Damage
There was likely damage to your vehicle from the accident, and you are entitled to recover for property damages. Get an experienced accident lawyer to help you recover your property damages.
How Can a Neck and Back Injury Lawyer Help Me?
The most significant part of an accident attorney’s job is getting clients the money they need to recover from their injuries. You deserve restitution for your losses. If you think you have an accident claim, call an accident attorney in your area.
A car accident lawyer can help you win your case by:
- Negotiating a satisfactory settlement amount with the insurance company. Unrepresented accident victims are vulnerable to insurance adjusters trying to avoid paying settlements to accident victims. Having an attorney working for you can help you avoid shady insurance tactics.
- Representing you at trial if you cannot settle with an insurance company.
- Help you get access to medical care, even if the doctor you see for your injuries is not your primary care provider.
- Hire an expert witness to testify for you. This is probably your first accident case, so it stands to reason that you do not have a network of professionals that can serve as expert witnesses. Your lawyer will likely have relationships with professionals, including medical doctors, that can help prove your damages.
What If I Cannot Afford an Attorney?
You can still pursue an accident claim if you cannot afford an attorney. Most attorneys across the country perform their legal work on a contingency fee basis. A contingency fee agreement is a payment arrangement between a client and an attorney. The attorney agrees to defer payment of their legal fees until after a case resolves.
The terms of the contingency fee agreement must be in writing, and you and your lawyer must sign the document for it to be valid. If you have questions about the terms of the agreement, make sure you ask your lawyer to clarify any misunderstandings before you sign the deal.
The terms of a contingency fee agreement will include what percentage the attorney will receive as payment for their fees. This can vary depending on the law firm and how your case proceeds. You should be clear on the percentage you will pay before you hire an attorney to represent your case.
You and your attorney may also agree about who pays litigation fees while the case is still open. Litigation fees are expenses that arise as the case continues. Litigation expenses can include filing fees, postage costs, fees for copies, and expert witness fees. Your attorney’s firm may prepay litigation fees if you agree to reimburse their office at the end of the lawsuit.
Contact a Car Accident Attorney Today
If you have suffered a neck or back injury in a car accident, you need a lawyer to help build your case and protect your legal rights. Call an accident attorney in your area if you have suffered an injury in a car accident and suffered a neck or back injury. There is no reason for you to pursue compensation all alone. Contact a car accident lawyer in your area today.
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Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.