Back and neck injuries are among the most common traumas in motor vehicle accidents, involving long-term effects and thousands of dollars spent on treatment.
If you experienced a back and neck injury in a car crash and are seeking compensation to cover your injuries, lost wages and other damages, we’re here to help.
We’ll share the average settlement for a car accident back and neck injury, list the factors that typically determine the value of the compensation, and explain how our motor vehicle accident lawyers at Spar & Bernstein can help you reach a fair settlement.
The Most Common Back And Neck Injuries In A Car Accident
A back and neck injury after a motor vehicle accident is any physical trauma in your back or neck that you suffer as a pedestrian or passenger on the road.
It may be a result of a head-on, rear-end or side impact collision, multiple vehicle pile-ups, single-vehicle accident or technical road problems.
From pain and weakness to depression, anxiety or even disability, back and neck injuries after a car accident may seriously affect your wellbeing, ability to work and quality of life.
The most common neck injuries after a motor vehicle accident include:
- Cuts and lacerations
- Neck sprain or strain
- Neck fracture
- Pinched nerve
- Stiff muscles and tendons
- Muscle spasms
- Slipped or herniated disc
- Cervical spondylolisthesis
The most common back injuries after a motor vehicle accident include:
- Herniated discs
- Spinal cord injuries
- Lumbar spine injuries
- Thoracic spine injuries
If you have been diagnosed with any of the above following a motor vehicle accident, contact our experienced attorneys at Spar & Bernstein. We’ll review your case and determine whether you are eligible to seek compensation for your injuries.
Damages You Can Claim In A Back And Neck Injury Settlement
Depending on the severity of your neck and back injuries, the pain you have endured and your ability or inability to perform your usual tasks, you can seek compensation for the following damages:
1. Medical Expenses
Medical expenses after a neck and back injury refer to any medical cost you had to pay or are expected to pay, including:
- Emergency transportation costs
- Hospital stay fees
- Need for additional expensive surgeries
- Prescription medications
- Physical therapy
- Psychiatric therapy
- Medical or mobility devices, such as cervical collars, walkers or wheelchairs
- Doctor visits
2. Lost Wages
Lost wages compensation after a neck and back injury refer to lost income as a result of the injury suffered, due to your inability to go to work.
This type of compensation can extend to loss of future earning capacity, if, upon recovering from the accident, you are no longer able to perform your usual job duties.
It can also cover lost benefits, such as savings and retirement amounts.
3. Non-Economic Damages
Non-economic damages after a neck and back injury refer to the suffering or mental and emotional trauma you went through or will go through, as a result of the injury.
Though more difficult to evaluate, following a severe physical injury, disfigurement or permanent disability, non-economic damages extend to:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of spousal support and companionship
Keep in mind that regulations for compensation can vary by state. Our attorneys at Spar & Bernstein will review your case and determine the best way to proceed, to ensure you get a fair settlement.
Factors That Determine The Average Settlement For A Car Accident Back & Neck Injury
There are many factors that can influence the financial recovery you may be awarded after a motor vehicle accident.
Some of the most common factors include:
1. Severity Of Your Neck And Back Injury
The more serious your neck and back injuries are, the higher settlement you may expect from the at-fault party. The evidence to prove the seriousness of your trauma includes:
- Medical documentation about your diagnosis, treatment or need for future treatment
- Testimony from medical experts
- A personal journal about your injuries, the level of pain you experienced and your physical and emotional reaction to the treatment you underwent
2. Evidence Related To The Car Accident
Another factor affecting the value of your injuries is the at-fault party’s liability, in terms of:
Causation: Causation liability shows that the accident in which you sustained injuries was caused by the at-fault party’s negligent action or lack of action.
Damages: Damages liability shows that your injuries or losses were a result of the accident.
Duty: Duty liability shows the at-fault party was obligated to take measures to keep you safe. For example, by driving at a speed that would allow them to avoid the accident or ensuring safe conditions on the road.
Breach of duty: Breach of duty liability shows the at-fault party did not take the necessary measures to avoid the accident and keep you safe.
The experts who can provide critical insights about the accident and your condition include doctors who have treated you for your injuries, mechanical engineers who can provide information about possible vehicle malfunction, or accident reconstruction specialists who research the factors that led to the accident.
Accident-related evidence may include:
- Police reports
- Witness testimony
- Traffic camera footage
- Driving records
- Medical records
3. Your Contribution To The Accident
Depending on the state where the accident happened, if you contributed to the accident:
- You can get compensation for hospitalization, physical therapy and lost wages, if the accident happened in a no-fault state
- You can be barred from seeking damages
- You can receive compensation, but this compensation will be reduced by the percentage of your fault for the accident, a principle known as comparative negligence. For example, let’s say you were injured in an accident where the other driver blind-sided you by running a red light. However, as this happened, you were also speeding. In this case, you may be found 30% at fault for the accident, and your recoverable compensation would be reduced by 30%. In other words, if you were to receive $10,000, your compensation would drop to $7,000.
Note that in the case of a motor vehicle accident, you can file a claim against anyone that contributed to the accident, including drivers, motorcyclists, passengers, pedestrians and even road construction companies.
To determine whether you were partly at fault for the accident, and if so, how your fault might affect you, contact our team at Spar & Bernstein.
What Is The Average Settlement For A Car Accident Back And Neck Injury?
Since every case is unique, it is difficult to define an average settlement amount for injuries in a car accident.
Typically, the compensation depends on the seriousness of the injury, the state where the accident took place, the insurance company of the at-fault party and the knowledge and skills of your lawyers.
Minor soft tissue back and neck injuries may be evaluated in the range of $2,500 to $10,000.
Injuries requiring injections or physical therapy may reach $30,000 – $50,000.
Neck and back injuries involving fractures may exceed $100,000, while severe trauma requiring expensive surgery and long post-trauma recovery, or involving disability, may go as high as several million.
To get the maximum compensation for your back and neck injury, contact our knowledgeable personal injury lawyers at Spar & Bernstein.
How Spar & Bernstein Can Maximize Your Back And Neck Injury Settlement
A car accident may be exceptionally traumatic for you and your loved ones, especially if you have sustained serious injuries that led to pain, extensive medical treatment or loss of income.
At a time when your focus needs to be on recovering from your physical, mental and emotional wellbeing, an experienced and compassionate personal injury attorney can help you seek fair compensation for the injuries you have suffered.
At Spar and Bernstein, we have specialized in motor vehicle accidents for over 50 years, recovering hundreds of thousands of dollars for our injured clients.
Our team of knowledgeable lawyers will:
- Investigate the cause of your motor vehicle accident
- Determine whether you are eligible to file a claim, depending on whether you have contributed to the accident
- Determine if you are eligible to file a claim, depending on the Statute of Limitations in your state, i.e. the time frame during which you are allowed to file a claim
- Gather the medical documents and bills related to your treatment and rehabilitation
- Establish the severity of your injury
- Assemble and submit a demand package to the insurance company of the at-fault driver or the at-fault party
- Attempt to settle your case outside of court
- Defend your rights in a trial, if settlement outside court is not possible
Our team believes that every person, regardless of their financial standing, deserves legal representation after sustaining car accident injuries.
We offer a free initial consultation to establish the foundation of our client-attorney relationship with you, and discuss the steps we can take in your particular situation.
We understand that in addition to your pain and suffering, recovering from a motor vehicle accident can cause significant strain on your finances.
For this reason, we collect payment for our services only after a settlement is reached.
With no advance payment needed, you pay only a percentage of the net amount we negotiate on your behalf, when your case is won.
Our knowledgeable personal injury attorneys will fight for the maximum settlement of your car accident back and neck injuries
Key Takeaways On The Average Settlement For A Car Accident Back And Neck Injury
Following a car accident in which you suffered a back and neck injury, you can seek compensation for:
- Medical expenses
- Lost wages
- Non-economic damages
The average settlement for a back and neck injury after a motor vehicle accident depends on a number of factors, including:
- The severity of your neck and back injury
- The evidence related to the accident
- Your contribution to the accident
Our experienced attorneys at Spar & Bernstein will help you collect and submit the needed documents and fight for the maximum settlement for your physical, mental and emotional trauma.
From your free consultation to the moment we reach a settlement in your case, we’ll be by your side to support you and guide you through the process.
Disclaimer: attorney advertisement. prior successful results do not guarantee a similar outcome
Bradford H. Bernstein
This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.View Brad's Bio