Settlement FAQs

how much settlement for neck and back injury

by Layla Durgan Published 3 years ago Updated 2 years ago
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The amount of back or neck settlement awarded for your injuries depends on several factors. Each case is unique, so no true averages exist for settlements of judgments. Your back injury settlement or neck injury settlement could be $10,000 or over $100,000 depending on numerous factors.Aug 10, 2021

Full Answer

What is the average settlement for a neck injury?

When the injured person needs injections, physical therapy, and other procedures, compensation can often reach $30,000. When back and neck injuries involve broken bones and other serious trauma, settlement values are often more than $100,000. These cases are in the minority, with most neck and back injury claims settling for much lower amounts.

How much is a neck and back injury settlement?

You can input these factors into our free personal injury calculator for a estimate. If you’ve recently been involved in an auto accident which resulted in neck and back injuries, contact Weinstein Legal today. For back and neck injuries, a settlement can range from $10,000 to upwards of $2 million or even more, depending on the injuries incurred.

How much is the average personal injury settlement?

On the lower end of the spectrum, personal injury cases can settle for a few thousand dollars. However, these cases often settle for more depending on the specifics of your case. The average settlement amount for personal injury cases is anywhere between $3,000-$75,000.

How much should my personal injury settlement be?

Using the personal injury calculator, your claim is estimated to be in the range of $3,450.00 to $11,500.00. For a serious debilitating injury, like a disfigurement or brain damage, your claim is estimated to be in the range of $11,500.00 to $23,000.00.

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How much money can you get from a neck injury?

How much is a neck injury worth? It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. Neck disc injury cases that result in surgery average over $200,000.

How much is a neck and back injury settlement in Texas?

The average settlement amount for a neck and back injury in Texas is $503,648 while the median amount is $350,000. The largest amount was a $2,075,000 case where a woman was injured in a t-bone collision with a commercial vehicle.

How much can you get from a back injury?

The average settlement for a back injury accident ranges from $10,000 to $100,000. Settlements can also be lower or higher than these averages, with some cases settling in the millions of dollars. This wide value range results because back trauma is a complex injury with a broad range of severity.

What of insurance claims are for neck sprains and strains?

Neck sprain or strain is the most serious injury in one-third of insurance claims for injuries in all kinds of crashes.

How much is a pinched nerve worth?

Generally speaking, an accident victim can expect $15,000 to $75,000 for mild to moderate injuries. For severe damage, a victim may receive $100,000 upwards into millions.

What is the average settlement for a spinal fusion?

As far as the amount you can receive with a spinal fusion surgery settlement, it can vary widely. You can expect from $150,000 to more than $200,000 with spinal fusion cases.

Can you prove back pain?

Diagnostic tests have limited value But the preeminent problem is that there is no single diagnostic test that can provide an accurate back pain diagnosis. So then, many diagnostic tests have limited value, and some, such as diagnostic nerve block injections may also provide false-positive or false-negative results.

How much is a back sprain worth?

Lower Back Sprain & Strain Settlements For lower back injury settlements for sprains and strains, the average settlement is between $10,000 and $50,000. The larger settlements are the result of better lawyering and specific facts which can change the value of your case.

What percentage of all compensation claims involve back injuries?

Back pain accounts for almost 20 percent of all workers' compensation claims, with half a million employees making claims each year.

How much are herniated discs worth?

The median compensation payout for a herniated disc injury is between $80,000 to $150,000. Very serious herniated disc injuries (involving major complications) can be worth more than twice this amount.

What is the minimum claim for whiplash?

Firstly, there is no official minimum amount of compensation and secondly, a lot depends on your case, such as whether your injuries have been severe enough to need surgery or if you have suffered from any permanent injuries.

How is injury compensation calculated?

Your compensation will be calculated by adding together: General damages - awarded for pain, suffering and loss of amenity (PSLA), and; Special damages - awarded for any financial losses or costs you have incurred.

How much is a lumbar strain worth?

Lower Back Sprain & Strain Settlements For lower back injury settlements for sprains and strains, the average settlement is between $10,000 and $50,000. The larger settlements are the result of better lawyering and specific facts which can change the value of your case.

How much is a fractured vertebrae worth?

What is the Settlement Value of a Vertebrae Fracture Case? One study found that the national median award at trial in personal injury cases for a vertebra fracture is $112,537. The median award for multiple vertebrae fractures is almost double the single vertebra amount, $207,000.

Can car accident cause cervical spondylosis?

Can a car accident cause spondylosis? No, your car accident cannot cause spondylosis. But what an auto accident will do is take an "injury" where the person has no pain or symptoms and turn it into a life-altering accident.

What is a torn rotator cuff injury worth?

The average value of a personal injury lawsuit in Maryland involving a torn rotator cuff is between $35,000 to $150,000. The most severe shoulder injuries may have a typical settlement payout in the range of $150,0000 to $300,000 or more.

How Much Does a Settlement for a Neck and Back Injury Cost?

There is no standard amount of settlement for neck and back injuries. The amount someone may get for the injuries depends on various factors. Every case is unique as they come. Settlements of previous cases serve as precedence in determining some current cases.

What Factors Are Considered in Neck and Back Injury Claims?

Severe injuries are generally eligible for larger settlements. If someone suffers spinal cord injuries, the treatment can be difficult and expensive. A larger claim settlement is therefore ideal to cover the expenses. Again, the long-term effects of the injuries may influence the amount to be paid.

Conclusion

As noted from this article, neck and back injury claims have no standard settlement amount. It is important to engage a personal injury attorney to help. In this case, the victims may reach out to attorneys at Powell Law Firm. They look at and consider all factors needed to determine the value of the case at hand.

What Is Included In A Car Accident Settlement?

Before delving into average car accident settlement figures, you must first understand the different types of compensation that are awarded in personal injury lawsuits. Recoverable damages fall under two general categories, economic and non-economic.

What is settlement mill?

Most of the personal injury law firms that get thousands of cases from TV and radio advertising are what we refer to as “settlement mills,” or law firms that focus on high volume, quick turnaround, and cheap settlements. These firms employ young, inexperienced attorneys that handle an upwards of 500 cases at any given time and have no intention of going to trial even if there is high probability that the case will prevail. Insurance adjusters like working with mills because they know they can settle even the most catastrophic car accident injuries at a discount.

What is economic damages?

Economic damages are designed to compensate a victim for monetary losses he or she has incurred or will incur due to the accident related injury. These types of damages are actual and measurable. You or your lawyer can easily calculate economic damages using payment receipts, credit card statements, medical bills, damage estimates, wage statements, and medical records indicating projected future costs. Some examples of economic damages include:

What is a breach of duty of care?

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.

What are the most common injuries that occur in a car accident?

S ome of the most common neck and back injuries that arise from car accidents include: Soft Tissue Injury. Soft tissue injuries are those that involve the muscles, tendons, or ligaments. These types of injuries are frequently overlooked by car accident victims because they rarely show up on an X-ray.

How many people are involved in car accidents every year?

No one expects to be involved in a car or truck accident, but the unexpected happens every day. Each year, more than 6 million people in the United States are confronted with the grim reality of the aftermath of a crash. You will never truly know how life changing a car accident can be until you experience it firsthand.

What are the injuries to the spine?

Injuries to the spine occur in the lower back and can range from sciatica to spinal cord injury, such as a fracture. Mild injuries can be treated with physical therapy and medication, while traumatic spinal cord injuries usually require surgery and extensive medical care.

Who Pays a Neck Injury Settlement?

Neck injury lawsuits are typically filed when car accident victims do not receive enough from an insurance claim to cover medical costs, lost wages, property damage, and other expenses. Filing an injury claim allows you to sue the responsible party and/or their insurance company to recoup your damages. The party that pays your neck injury settlement depends on which avenue you and your attorney chose to take: an insurance claim or a lawsuit.

How much was the settlement for a cervical spine injury?

In another car accident case, a 60-year old retiree received a $2.76 million cervical spine neck injury settlement after he was hit by a United Parcel Service (UPS) truck operator. The victim was sitting in his double-parked car on a two-way road when the truck operator approached from behind.

What Are the Most Frequent Car Accident Back Injuries?

Your spine is one of the most delicate components of your body. It houses your spinal cord, which carries information from your brain down to the rest of your body. The bones that make up your spine are called vertebrae, and these bones are separated by jelly-like cushions called intervertebral discs.

What Are Common Neck Injuries After a Car Crash?

Car accidents can cause a lot of serious injuries, and among the most serious are injuries to the cervical spine. The cervical spine, or neck, consists of seven cervical vertebrae referred to as C1 through C7.

How long does it take for a sprain to heal?

The severity of the injury refers to the extent of the injury itself as well as the healing time. A minor sprain can heal within a few weeks. A fracture can heal in a few months. Paralysis is forever.

What is the term for a single vertebra that slips out of place?

Spondylolisthesis is the medical term for when a single vertebra slips out of place. This type of injury typically occurs at the base of the spine, but much like a compression fracture, can happen anywhere in the back. Spondylolisthesis is caused by spondylosis, or when a fracture in the vertebra forces the bone to move forward, backward, or over another bone.

How much does spinal fusion surgery cost?

Unlike minor injuries, an injury that requires spinal fusion surgery averages more than $200,000. This is evidenced by the multi-million examples above in which all victims required surgery.

How does neck injury affect a plaintiff?

For example, if the plaintiff is an avid violin player, but can no longer hold the instrument properly because of the neck injury, his damages based on "loss of quality of life" will likely be higher in the eyes of a jury.

What happens if a plaintiff has a neck injury?

Similarly, if a plaintiff had a preexisting neck injury, her damages might be reduced since it might not be possible to tie the defendant's actions to all of the plaintiff's current pain and suffering.

What are some examples of neck injuries?

Here are a few real-world examples of personal injury cases involving neck injuries. Not surprisingly, a lot of these outcomes stem from car accident injury cases: 1 $9,500 trial verdict for neck injuries resulting from a minor rear-end accident. 2 $100,000 settlement for bulging discs requiring surgery after 60-year-old plaintiff was rear-ended. 3 $250,000 settlement for aggravation of a pre-existing neck injury in a car accident. 4 $300,000 verdict for a woman in a car accident who sustained disc herniations, required surgery and experienced a 60% loss of range of motion in her neck. 5 $537,000 settlement for a man who required cervical fusion surgery following a car accident. 6 $1,200,000 settlement for aggravation of pre-existing neck injury, requiring surgery, after plaintiff rear-ended in an accident with semi-truck.

What is neck injury?

Neck injuries range from minor whiplash -like strains and sprains to spinal disk damage and cervical fractures. In general, the more severe and long-lasting the injury, the higher the compensation in a personal injury insurance settlement or jury verdict. Additionally, "hard" injuries like a fractured bone (cervical fracture in the case of a neck injury) tend to result in larger settlements than soft tissue injuries like whiplash or pinched nerve (cervical radiculopathy). Learn more about how the nature and extent of injuries affects claim value.

Why is it so hard to estimate the recovery?

Estimating the potential recovery with any degree of accuracy is quite difficult for one main reason: at trial, it will most likely be a jury that ultimately decides just how much money the defendant must pay the injured plaintiff.

What to do if someone else is at fault for neck injury?

If someone else was at fault for the accident that led to your neck injury, the best way to get information that's tailored to your situation is to talk to a lawyer. Get tips on finding the right personal injury lawyer for you and your case .

Is a neck injury worth it?

A neck injury requiring spinal fusion or another surgical intervention will be "worth" more than a strained neck requiring a few weeks in a brace. Similarly, injuries requiring treatment by physicians—as opposed to chiropractors, or even physical therapists—are given more weight by many insurance adjusters. Learn more about how the "right" medical treatment increases injury settlement value.

Back Injury Settlement & Strategy

Even a car accident that may not initially appear to be serious can cause serious, permanent back injuries. This is true even at low speeds, and even when there is little to no damage to the car. Our firm has folders full of scientific medical journals to back that up.

Anatomy of a Back Injury

Allowing our bodies to bend and stretch, the spine has three natural curves that help to keep us balanced. While our spines are undoubtedly flexible and strong, they can easily become damaged when facing sudden traumatic force. This can happen even with, and sometimes because of, seat belts.

Other Back Injuries

Although sprains and strains are the most common type of lower back and middle back injuries, these are other common back injuries you may see noted in your medical records or hear a doctor say you have:

Different Vehicle Impacts & Related Back Injuries

The type of accident you were involved in (meaning the type of impact, such as rear-end, head-on, and t-bone) can cause different types of injuries.

Insurance Arguments for Back Injuries

One thing to remember as you work on dealing with your injuries is that no matter the pain you feel you are in, or the amount you feel you may be entitled to, insurance companies to not want to pay out on these injuries.

Average Back Injury Settlements

If surgery to repair a back injury is necessary, then the total cost of treating a back injury can exceed $100,000 depending on where you, geographically. In a city like Los Angeles, a lower back surgery can cost twice as much as it would in a rural country town.

Back Injury Q&A

Not all back injuries will be permanent, but there is a chance that yours may be. This all depends on the severity and circumstances of your accident. If your injuries are soft tissue and they persist for more than 12 months, there is a high likelihood your injury is permanent.

What Is the Average Settlement for a Neck or Back Injury?

There is no magic calculation that will tell you exactly what your injury is worth. Some people may tell you that it is the actual damages multiplied by a certain percentage. While many insurance adjusters use this as a basis for their offers, many factors will affect the value of the case, including where you are in the process.

How much does spinal cord injury cost?

According to the Christopher and Dana Reeve Foundation, the average lifetime cost for a spinal cord injury can range from $1 million to $2.5 million, depending on the age of the victim and the severity of the injury.

What are the most common injuries to the spine?

Some of the most common neck and back injuries include: Strains and sprains: Strains and sprains are usually minor injuries. A sprain is a ligament injury.

Why do people get spinal cord injuries?

A spinal cord injury occurs because of a blow or penetrating wound to the spinal cord. According to the Mayo Clinic, motor vehicle accidents are the number one cause of spinal cord injuries. A spinal cord injury can cause paralysis, which in many cases is permanent.

What is a sprain?

Strains and sprains: Strains and sprains are usually minor injuries. A sprain is a ligament injury. Your ligaments connect your bones, usually at the joints. A sprain occurs when the ligaments are torn or stretched too much.

Why is it important to protect your spine?

The force of a car accident is often enough to jolt the spine and cause serious injury to your neck or back. An injury to the spine is always something that requires serious attention. If you suspect a back or neck injury, don’t hesitate ...

Can a fracture cause paralysis?

A serious fracture can damage the spinal cord and cause paralysis or death. Minor fractures may not require surgery but will likely cause extensive pain. Spinal cord injuries: Spinal cord injuries are the most serious type of back injury.

Why is it so hard to settle a spinal cord injury?

Because these injuries often result in severe disability, they’re more difficult to resolve through settlement. In addition to the typical medical records and doctor testimony, you may also need to demonstrate the challenges presented by your spinal cord injury in a more human and relatable way.

How long does it take to settle a workers comp claim?

Workers’ compensation back injury settlements can take between one and two years to resolve. More complicated or expensive claims may take longer. For your protection, many states require workers’ comp settlements to be approved by a judge or the state’s workers compensation commission.

How long does it take to get a lump sum for back injury?

Workers’ compensation back injury settlements can take between one and two years to resolve.

What causes a herniated disc in the back?

The “discs” are cushions between the bones of your spine. Lifting heavy objects, twisting your back or falling can cause a disc to slip out of place. The result is often severe back pain, tingling, numbness, and reduced ability to move, lift or carry.

What are the conditions that can cause back pain?

Work-related back injuries include a wide variety of conditions like herniated discs, a broken back, sprains, and more.

What to do if you have a broken back in workers compensation?

In a workers’ compensation claim involving a broken back, it’s very important to limit your physical activity so you don’t make the injuries worse. This may require more time away from work, which should be considered in any settlement.

How long do you have to wear a brace for a broken spine?

Fractured bones in your back can be extremely painful and require serious medical treatment. You may have to wear a brace for as long as three months. You might also need surgery and months of physical therapy to get back to your pre-injury condition.

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