After you have been involved in a car accident, your body will generally sustain injuries due to the force of the impact. For example, when you are driving and you are hit from behind, your body will be jolted forward then backward and from side to side. When this occurs, you have just sustained a whiplash injury, which can lead to long-term debilitating symptoms and pain. For these reasons, you should contact an experienced car accident attorney in order to evaluate your case and get you the proper medical attention and compensation that you deserve for your injuries.
The most common symptoms that car accident victims experience after a crash are neck, back, chest, shoulder, knee, and head injuries. Every person is different and each will suffer from different symptoms and ailments after their car accident.
Back injuries are one of the most common symptoms that individuals experience immediately following an auto accident. Back injuries can vary from minor to severe in nature, and will be different for each individual. However, injuries to the upper, lower, and mid-back are most commonly found in victims after car accidents. If you have been involved in an auto accident and are suffering from back pain, stiffness, tightness, numbness, or tingling, then you should seek medical attention immediately. When your body suffers from the force and intensity associated with the impact experienced after you’ve been struck by another vehicle on the road, your spine will most certainly suffer a whiplash, or whiplash type injury. When this occurs, your back pain will set in and you will be suffering from the effects of an injured cervical, lumbar, or thoracic spine.
Back Injury Car Accident Settlement
After you have been injured in a car accident it is imperative to retain, or at least speak with, an experienced auto accident attorney so they can open up a claim with the other drivers insurance and eventually monetary compensation for the bodily injuries you sustained in the crash. Back injuries are serious, and can leave you with long term symptoms and pain. For these reasons, it is recommended to speak with a lawyer and seek medical attention immediately. Because of the seriousness associated with a back injury, your car accident settlementwill be higher than someone who did not injure their back. Since back pain and discomfort are generally associated with injuries to the spine, insurance companies will almost always settle your back injury car accident case for top dollar.
Once your treatment has concluded, your lawyer will collect your medical records and bills and will then send a settlement demand to the at-fault drivers insurance company. Once the insurance company has reviewed the demand, they will make an offer on your case.
The seriousness of the back injury will dictate the amount of settlement money you’ll receive. Whether your injury is likely to affect you in the future will have a direct impact on your settlement as well. Serious back injuries may result in costly surgeries, which will also increase your overall settlement amount.
Damages Included in a Back Injury Car Accident Settlement
When you have injured your back in a car accident, you are likely to have the following damages:
- Past medical bills
- Future medical bills
- Lost income or wages while you recover
- Pain and suffering
- Emotional distress
The seriousness of your injury will determine whether or when you can go back to work. For severe injuries, you may not be able to go back to the same occupation that you worked in previously. If so, that consideration should be included in your back injury settlement amount.
Predicting what your future medical expenses will be can be difficult and will likely require a medical professional’s opinion. A medical professional can explain necessary future care and the additional potential for surgery. Pain and suffering and emotional distress damages can also be difficult to put in monetary terms. Your attorney will be able to help you value these damages so you can get a fair settlement for your back injury after a car accident.
Factors that Might Affect Your Back Injury Claim
There are certain defenses or mitigating factors that the other side may use to decrease the overall value of your back injury claim. For example, if the accident was partly your fault, the portion of fault that is attributed to you may decrease your claim. In some states, you may not be able to recover anything at all if the accident was partly your fault. An experienced car accident attorney can explain the law in your local area on this issue.
You must also follow your doctor’s orders after the accident. A failure to follow these orders or seek recommended treatment can actually decrease the value of your claim. In those situations, the other side may argue that you would not have the problems that you do if you would have just listened to your doctor and followed instructions. Don’t get caught in this trap—always do as your doctor instructs. It is good for your health and the case.
Getting Legal Help for Your Back Injury Settlements
It is important to talk to an attorney after you have suffered a back injury from a car accident. He or she can help you determine what your case is really worth, regardless of how serious the injury is. Call 877-810-4067 for more information.
Frequently Asked Questions:
How much will I get in a car accident settlement for a back injury?
There are many different types of back injuries you may sustain from a car accident. Unfortunately, back injuries are frequent in car accidents and can result in pulled muscles, sprains, herniated plates, and even spinal cord wounds. They can be extremely painful and significantly more costly. Depending on the severity of the injury, back settlements range in value. So how much compensation should you expect for your back injury settlement? The settlement value varies based on damages which includes:
- Wages lost
- Medical bills
- Future medical expenses
- Loss of future income
- Loss of mobility
- Property damage
Each injury will have a different value due to the medical treatment required. For example, a herniated disc surgery is extremely expensive costing on average around $15,000 with extra expenses following the surgery that can leave you with a total around $50,000.
Can sciatica pain be caused from a car accident?
Car accidents cause many different types of back injuries such as herniated discs and lumbar sprains causing trauma to the sciatic nerve allowing you to experience extreme muscle strain specifically over the sciatic nerve. Sciatica occurs when the nerve is being squeeze or pinched by some protruding object such as a bone spur or a herniated disc. If you are experiencing pain in the leg or numbness, it may be a result from trauma to your sciatic nerve. Symptoms often include:
- Sharp pain starting from your lower back or buttock shooting down the back of your leg (typically only one side)
- Pain may even continue all the way down to the foot.
- Numbness in leg or foot
- Lower back pain
- Standing up may cause a more intense pain; laying down relieves pain
What’s the average auto insurance settlement for back & neck injuries?
Back and neck injuries settlements caused by an auto accident vary vastly due to specific circumstances and how severe the injury is. Neck and back injuries range from small spasms to extreme spinal cord injuries making it immensely difficult to place an exact amount you may receive as a settlement. Many factors go into determining how much you may be compensated such as the more extreme and enduring the damage, the higher the compensation or settlement may be. Hard injuries such as broken bones or fractures tend to have a higher settlement value due to the danger of damaging the vertebrae, which can leave one paralyzed or even, result in death. These injuries tend to be long lasting causing major hardships in life. Some examples of neck and back injury settlements include:
- $9,500 settlement for neck and back injuries from a rear-end collision.
- $100,000 settlement for bulging discs from rear-end collision requiring surgery.
- $10,000 settlement for a herniated disc from rear-end collision
- $313,000 settlement from being rear-ended from a gas truck resulting in neck and back injuries, vertigo and bulging discs.
- $300,000 settlement for disc herniations, required surgery and loss of range in her neck.
- $60,000 settlement for cervical herniated disc from being rear-ended.
How long should your back be sore after a car accident?
If you are experiencing any back pain for any period of time after an auto accident it is important to seek out medical attention immediately. Collisions, even minor ones, can cause a great deal of hardship including pain and discomfort from injuries as well as the inconvenience of property damage issues. But to what extent will your back pain last after a car accident? There’s no straight answer as to how long you will experience back pain after an accident, however, back pain can last for days, months or even last a lifetime. Some questions you may want to ask yourself to determine how long the pain may last include:
- What angle was your car hit from?
- What type of vehicle hit your car?
- What type of vehicle were you in?
- Were you wearing a seatbelt?
- How fast were both cars going at the time of the impact?
- Were any airbags deployed?
- How severe is the back injury according to the medical professional?
I have lower back pain after being rear-ended. Should I talk to a lawyer?
The simple answer is YES! If you are experiencing any back pain after a car accident no matter how minor the accident may seem, it’s always a wise decision to contact a personal injury attorney to speak with as quickly as possible after the accident occurs to discuss further actions in assuring you are owed compensation for your injuries. Back pain after a rear-end collision may only last a few days but may also last a few months or even a few years. It’s risky to wait a while before taking action and talking to an attorney due to statutes running among other things. Sometimes back injuries may not appear immediately but will worsen over time. Be sure to seek medical attention right away as well as contacting your local personal injury attorney.
How Long Does Back Pain Last After a Car Accident?
The back pain you suffer as a result of a car accident can be as minor as some bumps and bruises and as major as needing medication to deal with it. Many victims of car accidents often wonder how long their pain will last after the crash. For some, the pain might go away within a couple of hours. Others might experience days or weeks with pain. Then, there are those who won’t even experience pain until hours after the crash because of their adrenaline.
Factors That Lead to Back Pain in Car Accidents
Some of the factors that lead to pain in car accidents and how long it will last include the following:
- Where the vehicle was hit
- If you were wearing a seatbelt
- If the airbags deployed
- The speed at which the accident happened
- The sizes of the vehicles
- The severity of the crash and the injuries suffered
Your doctor will want to know all of this information when examining you after a car accident. It will help them determine the severity of your injuries, the treatment needed, and help put a timetable on how long you will experience pain following the accident.
Length of Recovery Time with Back Pain
There isn’t an exact formula used to help determine how long you will experience pain following a car accident but the majority of people will feel some level of pain for up to six weeks after the crash. There are people who will feel pain for more than six weeks after a crash and those who might even have pain in certain areas of the body for the rest of their lives due to the injuries suffered. Another factor in how long you will experience pain after a car accident is how your body responds to pain. If you heal quickly, you might not feel pain for too long after the crash.
I Was Rear Ended and am Having Back Pain Days After the Car Accident. Can I Sue?
It’s not uncommon for various injuries or pain to take a few days to manifest following a car accident. The adrenaline running through an accident victim’s body in the moment’s immediately following a crash might mask any injuries you suffered or pain present in the body. Because of this, you might refuse medical care. Then, days later, you experience back pain. Delayed onset of pain is real and is quite common following car accidents.
Delayed Back Pain
Delayed back pain is very common after a car accident. It is usually an indicator of a whiplash injury, especially when the pain is located in the lower portion of the back. If the pain in your back comes with tingling or numbness you might have suffered a herniated disc or some other spinal injury. Delayed back pain could also be caused by muscle damage, a herniated disc, or a sprain.
How Much Should I Settle for a Back Injury After an Auto Accident?
Back injuries are some of the most common injuries victims of auto accidents suffer. Why? For starters, the body might be violently shaken during the crash, which can easily damage the spine, a muscle, tissue or other part of the back. If the crash is violent enough the victim could be slammed against their door, thrown through the windshield, or bent over the dashboard. Back injuries can include herniated discs, sprains, strains and serious injuries to the spinal cord. Today, we will tackle the question of how much should you settler for a back injury after an auto accident.
The Economic Compensatory Damages
The economic compensatory damages in your case will be where most of the compensation comes from in a back injury case stemming from a car accident. Compensatory damages include the following:
- Lost wages and income: in this type of claim you are entitled to compensation that will cover any lost wages and any lost future income due to your injuries.
- Medical bills: you are also entitled to compensation for all past and future medical bills associated with the back injury suffered in an auto accident.
The Non-Economic Compensatory Damages
You can also seek compensation for non-economic damages. These are damages that do not result in financial or economic losses to you or your family. These damages can include any of the following:
- Loss of consortium
- Emotional distress
- Pain and suffering
There are a few additional factors that could play a role in determining your compensation package following a back injury in an auto accident. These other factors include failing to mitigate the damages (usually on the part of the plaintiff) and contributory or comparative negligence. This is when you might be partially at fault for the crash, which could prevent you from obtaining any compensation.
There’s no set amount of compensation for which you should settle after suffering a back injury in an auto accident. Each case is different and needs to be analyzed by an experienced personal injury attorney.
What’s the Average Settlement for Cervical Fusion?
Cervical fusion is a type of surgery performed on victims of car accidents who have suffered neck injuries. These surgeries cost tens of thousands of dollars and take months to years for recovery, if the victim is able to make a complete recovery. Let’s take a look at the average settlement amount for cervical fusion so you know what to expect if you ever require such a procedure after suffering a neck injury in a car accident.
Factors That Lead to High Settlements
The nature of the injury as well as the extent of the injury will both be major factors in determining the settlement amount for your case. There are four other important factors that must be taken into account and they include the following:
- The amount of insurance coverage that is available
- If the negligence of the at-fault party is at 100 percent
- The experience of the personal injury attorney you hire
- If the defendant is a large company
Should the liability of the at-fault party in the accident that led to your injury be accepted, as in not argued, the amount of compensation you receive should be quite high. The compensation package will be smaller if there is a chance that full liability will not be placed on the at-fault party. The risk of not receiving any compensation is also present if the no liability is placed on the defendant in the case.
Estimating Non-Economic Damages
A tricky part of obtaining a settlement in a cervical fusion case is estimating the non-economic damages. These are damages that don’t come with a price tag, such as lost wages or medical expenses. These include loss of consortium, pain and suffering, and mental anguish among others.
The bottom line is that the average settlement for a cervical fusion procedure varies based on each individual case. Some settlements might come in around $500,000, while others can reach the multi-million dollar range.
In the event that you endured neck, cervical spinal injuries or any other type of wounds after an auto collision and were not found at fault, you have the right to sue and receive compensation for damages. Like any other personal injury settlement, they differ from case to case. How much compensation you may receive depends upon numerous variables. Neck injuries often call for surgical repair called a cervical fusion and can require a lengthy recovery along with months of pain and immobilization. These types of injuries are generally awarded large amounts of compensation due to the severity of the injury. Some real life examples of how much car accident victims of cervical spine injuries have received include:
- $2,750,000- neck injury car accident victim requiring a 3-level fusion and anterior cervical discectomy
- $537,000- car accident victim requiring cervical fusion surgery
- $775,282- car accident victim suffering a herniated disc requiring surgeries and a spinal fusion.
- $7,000,000- woman suffered herniated disc and nerve damage requiring anterior cervical discectomy and fusion two vertebrae
- $1,200,000- truck struck woman from behind at a stop light, requiring anterior cervical discectomy with fusion
- $2,760,000- victim suffered injuries requiring anterior cervical discectomy with fusion
How long does back pain last after a car accident?
Every injury is different and some take longer to heal than others. When it comes to back injuries after an accident, it is common to feel pain and discomfort for up to 6 weeks, sometimes longer depending on the injury. In order to determine just how long you will be experiencing pain you will need to consult with a medical professional. Your specialist will perform many different exams including motion tests and x-rays to diagnose what type of injuries you have sustained and determine a rough estimated recovery time. Do not delay, and go to see a doctor in order to receive a proper diagnosis and treatment options in order to recover as fast as possible. Even if you believe you do not have any injuries, it is very common to experience symptoms the following days or weeks later. You may have injuries that you aren’t aware of and overtime without treatment, may worsen causing issues later down the road.
I was rear-ended and am having back pain days after the car accident. Can I sue?
It is not uncommon to walk away from an accident thinking you have escaped without any injuries. Oftentimes, back injuries will not show symptoms until several days after the accident. Lower back pain can sometimes correlate with whiplash or may be a more serious injury with a longer recovery time such as a herniated disc. Depending on where the back pain stems from and how severe the injury is, with determine how long you will experience pain. However, if you are experiencing any type of pain from an injury due to a car accident, you have the right to sue as long as you were not found at fault. Be cautious of signing any type of release liability form until a medical professional has examined you for injuries. If you sign the form, you forfeit any opportunity to sue the responsible party for your injuries. This is why it is crucial to call a personal injury attorney to find out what options you have so that you may be compensated the maximum amount.
How much should I settle for a back injury after an auto accident?
Since there are various types of back injuries a car accident victim may sustain ranging from sprains to paralysis, it is difficult to pinpoint an exact settlement amount. Each individual case will have different scenarios with different injuries making it difficult to generalize a settlement value. In order to get an estimated value of what a decent settlement should be, you must take a closer look at what you are being compensated for. These include:
- Medical expenses
- Future medical expenses
- Loss of wages
- Property damage
- Pain and suffering
- Loss of mobility/quality of life
- Emotional distress
Once you have reviewed how much all your expenses set you back and established how much the non-economical damages are worth, you can add everything up to get a rough estimate. To find an estimated amount, you can follow this general rule by taking those values, adding them up, and multiply the sum by three for the estimation. An example of this would be $8,000 in medical expenses (surgeries, x-rays, PT) and loss of wages equating to $3,000. Adding that up totals $11,000 and multiplying that by 3 gives you $33,000. Your settlement will could range anywhere from $26,000- $40,000.