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.