Average neck and back car accident injury settlement amounts are decided by considering fault and damages, and these factors vary wildly. Each year, people in the United States are confronted with the grim reality of the aftermath of a car or truck accident. The National Highway Traffic Safety Administration (NHTSA) estimates that almost 300,000 people were injured in 2023 car accidents.
Back and neck injuries are frequently seen after a collision. Getting a neck injury settlement or back injury compensation may be a long road. When the medical bills and other financial losses start mounting, so does the panic. Luckily, you don’t have to face these expenses alone. There’s help for filing and following up on your personal injury claim.
“If you sustained a crash-related injury due to another driver’s negligence, you may wonder what the average settlement for car accident back and neck injuries is. The amount you receive from the insurance company depends on several factors,” states accident injury lawyer Chad K. Florin. “A top-rated personal injury lawyer with experience handling the most complex car accident cases, such as those of us at Florin|Roebig, can help you get a fair settlement for your damages.”
What Is The Average Neck And Back Injury Settlement Amount?
The ballpark injury claim amount for neck and back compensation starts at around $10,000 and rises above $5 million. Recoverable damages for neck and back injury settlements can be economic and non-economic.
Economic damages compensate you for monetary losses you’ve incurred or will incur due to the accident-related injury. You can easily calculate economic damages using payment receipts, credit card statements, medical bills, damage estimates, wage statements, and medical records indicating projected costs. If you’re looking for the average neck injury settlement, most of that number may be in this category unless the verdict includes punitive damages to punish the responsible party.
Some examples of economic damages include:
- Property damage, including the cost of repairing or replacing your vehicle
- Reimbursement for past medical bills and expenses
- Anticipated future medical costs related to the car crash
- Past lost wages as a result of the physical injury sustained in the accident
- Loss of future earning capacity due to permanent limitations caused by the injury
- Costs to modify your home to accommodate a disability
Calculating economic damages can be relatively simple, but doing the same for non-economic damages is more complex. Hiring an auto accident attorney with experience handling severe injuries can help you determine fair compensation for your pain and suffering.
Non-economic damages compensate a car accident victim for non-monetary losses, such as:
- Pain and suffering, which refers to the physical and emotional pain suffered by a car accident victim
- Mental anguish or emotional distress, such as embarrassment or humiliation as a response to the accident itself or any resulting injuries
- Loss of companionship or consortium, defined as the deprivation of the benefits of family relationships
- Loss of enjoyment of life or reduced quality of life due to the car accident injury
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Factors That Affect Your Car Accident Neck And Back Injury Settlement Offer
After an auto accident that wasn’t your fault, it’s natural to consider how much money your case is worth. It’s impossible to know exactly how much compensation you will receive because no two cases are identical. A skilled car accident lawyer can examine the most significant factors and give you an estimate of what you can expect to walk away with.
Back and neck settlement injury factors for injury claim considerations may include:
Medical Expenses
Impact-related injuries can range from very minor to life-threatening. One of the most crucial factors that will have a direct impact on the settlement value is the nature and severity of your injury and its corresponding medical expenses.
The payout is usually higher for more serious or permanent injuries requiring extensive medical attention and a longer recovery. This increases the economic damages you may receive for medical expenses and lost wages. Serious neck and back injuries result in debilitating physical pain that can be chronic and lifelong.
Lost Wages And Earning Capacity
Even if you’re able to return to the same job you had before the accident, you may lose income during recovery, which translates directly into economic damages. For future lost wages, your earning capacity may be reduced or eliminated because of back or cervical spine injuries.
Liability And Fault
The foundation for a successful personal injury claim is proving negligence to establish liability. In certain types of car accidents, identifying the at-fault driver can be fairly straightforward.
“No doubt liability” cases usually arise in the following instances:
- Rear-End Collisions — If your car is struck from behind, the other motorist is frequently responsible for the accident and resulting injuries. Traffic laws require drivers to maintain a safe distance when following a car. When a driver fails to do so, and a collision happens, they will most likely be considered the at-fault party.
- Left Turn Collisions — When driving straight down the road and a car making a left-hand turn collides with your vehicle, liability is almost always assigned to the other driver. State laws require drivers attempting to make a left-hand turn to yield to all oncoming traffic.
- Drunk Driving Car Accidents — Nearly all collisions that are caused by a driver who is under the influence of drugs or alcohol will be considered no doubt liability accidents. In these cases, it is extremely unlikely that the insurance company will try to argue who was at fault for the collision.
- Collisions While Reversing — A driver who backs up their car and strikes another usually bears the fault in an accident because they’re responsible for looking before and while moving in reverse.
Unfortunately, in many car accidents, establishing liability is not always so cut and dry. Favorable settlements usually have one thing in common — the ability to prove fault.
To get the highest settlement possible, four basic elements need to be shown:
- The at-fault driver owed you a duty of care to operate their vehicle in a safe and reasonable manner, as required by law.
- The negligent party breached their duty of care by failing to exercise reasonable care, or in other words, disobeying traffic laws.
- The other driver’s breach of care was the actual and proximate cause of your injury. The back or neck injury you sustained would not have occurred had the driver upheld their duty of care.
- Due to the other party’s breach of care, you suffered financial losses of economic and non-economic damages.
If you sustained a back or neck injury in a car accident, the negligent party’s insurance company will not pay you until you have satisfied the burden of proof.
Your attorney can help you gather evidence to prove the other party’s negligence, including:
- Photos and videos of the accident scene, surrounding area, and vehicles involved
- The police report citing the other driver for traffic violations
- Witness statements corroborating your allegations
- Traffic and video surveillance footage of the car crash
- Statements from accident reconstruction experts
Your Liability In The Car Accident
The other driver’s insurance company may undermine your personal injury claim by arguing that you were partially at fault for the accident. Most states utilize a comparative negligence system in car accident lawsuits, meaning multiple parties can share liability.
Comparative negligence systems fall into three categories, depending on what state the accident occurred in. Under the pure comparative fault rule, the amount of damages you can recover is reduced by the percentage of fault you are assigned. For example, if your damages total $250,000, but you were found to be 20% at fault for the accident, your award will be reduced to $200,000.
Other states use a modified form of comparative negligence with a 50% or 51% bar rule. This means you cannot receive compensation if you’re more than 50% or 51% responsible for the car accident, depending on which rule applies. Although this may seem unfavorable to plaintiffs, the rule eliminates the award reduction in some states.
Insurance Policy Limits
The amount an insurance company will pay for your back or neck injury largely depends on policy limits, which can negatively impact your ability to recover compensation.
Let’s say you have a herniated disc injury from a car accident. Liability is clear, and you can prove the severity of the injury. Total damages are estimated at $120,000, but the at-fault driver’s insurance policy limit is $50,000. Your compensation may only be the maximum policy limit unless you sue the defendant directly or file against other negligent drivers.
No-fault insurance laws in some states require registered vehicle owners to carry minimums in bodily injury liability insurance, property damage liability (PDL) coverage, and personal injury protection (PIP) coverage.
Even with a solid personal injury claim, the skill of your attorney impacts how much compensation you will receive for your back or neck injury. The insurance company may have extended a settlement offer well below the true value of your case. Your attorney initiates the negotiation process by sending a demand letter. The settlement negotiation process usually consists of a back-and-forth exchange until both parties can agree on a value.
Remember, the insurance company has a team of seasoned attorneys who are well-versed in negotiation. Before deciding on an attorney, make sure they have the skills and qualifications needed to negotiate a satisfactory personal injury settlement.
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Neck And Back Injuries You May Sustain In An Accident
Whether you were involved in a minor fender bender or a serious car crash, it is important to get medical treatment to determine the extent of your injuries. Many types of injuries can cause back pain or neck pain.
Common accident injuries to the neck and back can include the following:
- Neck injury types may include:
- Whiplash
- Cervical fractures
- Cervical disc herniations
- Soft tissue injuries, like torn ligaments and tendons
- Neck sprain
- Back injury examples may be:
- Lumbar strains
- Spinal cord injuries
- Fractured vertebrae
- Slipped discs
- Sciatica
- Lumbar disc herniations
Complications From Neck And Back Injuries
Common injury complications occur when an injury is missed or misdiagnosed. Soft tissue injuries are frequently overlooked because they rarely appear on an X-ray. They’re also thought of as minor but can cause chronic pain and suffering, especially if medical treatment is delayed. Whiplash injuries, neck sprain, and back sprain are commonly reported after a crash.
Traumatic spinal cord injuries usually require surgery and extensive medical care. A CT scan, X-ray, or MRI may diagnose an injury when a general complaint, like lower back pain, is unclear. The sudden force from a collision can cause one of the rubbery discs between the vertebrae to slip out of alignment. When conservative treatment fails, a lumbar or cervical fusion and discectomy surgery may be warranted.
When a strong force is exerted on the back or neck, broken bones and fractures can happen. Most compression fractures heal in a few months with medication, physical therapy, modified activity, and a back brace. Sometimes a fusion surgery is recommended when conservative treatments don’t help.
Find A Neck And Back Injury Lawyer Near You
One of the biggest misconceptions people have about hiring a personal injury attorney is that they will end up with less money in their pocket. The truth is that not all law firms are up to the challenge of fighting for their clients’ rights. Regardless of your location, we have some tips for handling your case.
Attorney Chad K. Florin explains, “When you have a neck injury, find a neck injury lawyer. If it’s a back injury, get a back injury attorney. Above all else, do your best to hire a local injury lawyer. Work with a law firm that knows the laws for your area, and your chances of a fair settlement grow instantly.”
The point is that a local lawyer will be familiar with the court system, how the laws apply to your specific case, and what your compensation will resemble. Avoid personal injury law firms, also called “settlement mills.” They focus on high volume, quick turnaround, and cheap settlements and employ inexperienced and overworked attorneys who have no intention of going to trial. Insurance adjusters like mills because they can settle even the most catastrophic car accident injuries at a discount.
Big insurance companies know the attorneys at FlorinIRoebig will not settle for less than what your car accident claim is worth. We can negotiate much higher settlements than most law firms. With the help of one of our experienced and dedicated attorneys, a minor back or neck injury may yield anywhere from $20,000 up to $100,000.
FAQs About The Average Neck And Back Car Accident Injury Settlement Amount
How long does it take to settle a neck or back injury claim?
The time for settling a claim is tied to the complexity of your injuries and how the insurance company responds. Most cases are settled within a few weeks, but difficult negotiations can take months or years to finalize.
What if I was partially at fault for the accident?
Your fault level can reduce your settlement amount, depending on your state’s personal injury laws. Some states decrease your payout by a percentage equal to your level of fault. States that use a 50% or 51% bar rule will remove your eligibility for a settlement if your fault percentage exceeds that amount.
What should I do if my insurance company offers a low settlement?
Reject the offer and call a personal injury law firm like Florin|Roebig. If you indicate to the insurance company that a low settlement offer is acceptable, you may give up your right to a larger settlement.
How much are most car accident settlements?
Without specific information, it’s hard to state an exact amount. Settlement payouts for car accidents can start in the low ten thousands and end in the millions. Florin|Roebig attorneys have secured some of the largest car accident settlements in Florida, and our client wins add up to over $1 billion.
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How To Get Help From Florin|Roebig Attorneys
Florin|Roebig’s offices are filled with experienced personal injury attorneys who offer case evaluations on your motor vehicle accident. We advise our clients on the merits of their personal injury cases, from minor whiplash injuries to major spinal injuries and permanent disability.
Visit our website for more information on how to contact us via chat, phone, or in person. We also offer an online form that you can fill out if you’d like our representatives to reach out to you.
The right car accident attorney can help you get the compensation you or your loved ones deserve to offset the costs of serious injuries after a crash. Connect with our offices today and speak to us about a free consultation on your personal injury case.
