Here are some of the common types of damages for auto accident victims that suffer neck and back injuries:
- Covering all out-of-pocket expenses and medical bills resulting from the injuries
- Payment of lost wages or income as a result of being away from work due to the injuries
- Compensation for permanent or temporary loss of the inability to work or earn because of the injury
- Compensation for a permanent disability or neck/back injury caused by the auto accident.
What is the average settlement for a back injury?
The average workers comp settlement amount for failed back syndrome is from $125,000.00 to $650,000.00 or more. Your claim has more value if you require pain management for the rest of your life and will have permanent light-duty restrictions that prevent you from returning to your pre-injury position.
What is the average settlement for a work related back injury?
Average Compensation for Work-Related Back Injuries. Of workers with back injuries who received a settlement or award, the average compensation was $23,600. This is slightly higher than the average compensation for workers with all types of injuries, which was $21,800. Amount of Settlement or Award. Back injuries tend to range in severity, from mild strains requiring only physical therapy and rest to herniated discs that require surgery and ongoing care.
What is average settlement for lower lumbar back injury?
Average Back Injury Settlement Amounts. Across all workers’ comp claims for all types of injuries, the average claim comes to $41,003, according to the National Safety Council. That same data set states average costs of $36,882 for lower back injuries and $33,154 for upper back injuries. When you go through the workers’ compensation system ...
What is the settlement value for my injury or illness?
To calculate your potential settlement, sum up your medical expenses, lost earnings, and future lost income due to your injury. Then, multiply this number by a factor between 1.5 and 5 depending on the severity of your pain, suffering, inconvenience, and loss of enjoyment of life.
How much should I settle for a lower back injury?
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 do you get for neck and back injury?
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.
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.
How much money can you get from a spinal fusion surgery lawsuit settlement?
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.
Are back injuries hard to prove?
While back pain is exceedingly common, it is equally challenging to diagnose, since there is no established guideline or protocol to evaluate this problem.
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.
Can you detect nerve damage with a MRI?
Nerve damage can usually be diagnosed based on a neurological examination and can be correlated by MRI scan findings. The MRI scan images are obtained with a magnetic field and radio waves. No harmful ionizing radiation is used.
How do you prove you have nerve damage?
A nerve conduction velocity (NCV) test — also called a nerve conduction study (NCS) — measures how fast an electrical impulse moves through your nerve. NCV can identify nerve damage. During the test, your nerve is stimulated, usually with electrode patches attached to your skin.
How do you prove nerve pain?
X-rays. These images show how the bones are positioned and can indicate whether or not there is any narrowing or damage that could cause a pinched nerve. Nerve conduction study. This test measures electrical nerve impulses and functioning in your muscles and nerves through electrodes placed on your skin.
Does back surgery qualify for disability?
The SSA's list of impairments does include some back problems such as lumbar spinal stenosis, or conditions that may affect back function like multiple sclerosis. However, back surgery alone is not something that will automatically grant you disability benefits.
Is spinal fusion a disability?
There is no specific disability listing for back surgery or spinal fusion, but if the surgery didn't correct your impairments, you might meet the requirements of a listing based on the impairments that led you to need back surgery or spinal fusion.
How much is a neck fusion worth?
The average nationally for cervical fusion settlements ranges from as low as $150,000 to a much higher average of over a million dollars.
How much money do you get from a car accident settlement in Florida?
The average number stated among Florida law resources for car accident settlements is anywhere from $10,000 to $60,000. As you can imagine, settlement amounts can vary depending on a wide range of factors.
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.
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.
What is a soft tissue injury?
Soft tissue injuries occur when the body's muscles, tendons or ligaments experience a degree of trauma. Oftentimes, these injuries happen suddenly – for instance, stepping too sharply and spraining an ankle – or may occur gradually as a result of overuse.
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What does it mean when you have pain in your arms and legs?
If you’ve injured your back but have pain in your arms or legs, then you may have sciatica. Sciatica means that as a result of your back or spine injury, you have also injured a nerve in your body that connects to an arm or leg, resulting in pain and discomfort in that part of your body as well.
What is a spine fracture?
A spine fracture is when one or several of those vertebrae fracture, resulting in pain and discomfort. What symptoms you will experience will depend on where your fracture occurs. In addition to pain and discomfort, sometimes a spine fracture can lead to an injury to a spinal nerve, resulting, again, in symptoms like those found in sciatica.
What are the injuries that can occur from a workplace accident?
There a many different back and spine injuries that can result from a workplace accident. For instance, your injury may be a ruptured disc, spinal stenosis, or even aggravation of pre-existing arthritis.
Why does my spinal cord hurt?
Your spinal cord is surrounded by the spinal canal for protection. Spinal stenosis is the narrowing of the spinal canal and can result in nerve pain due to pressure on your spinal cord. Spinal stenosis happens naturally, but can also be aggravated as a result of a work injury. The symptoms of spinal stenosis are similar to those of sciatica.
What is a lump sum settlement?
In this case, the insurance company pays a lump sum to cover all of the benefits owed to you and your case is finalized and closed. Any future needs regarding your injury become your full responsibility.
How much does it cost to get a sprain treated?
The common treatment for a sprain or strain would include visits with your doctor, costing between $130 to $200 per visit, and physical therapy, costing between $75 to $200 per visit. Oftentimes, your doctor will recommend an over-the-counter anti-inflammatory medicine, such as ibuprofen or aspirin, to treat this injury.
What is the most common work injury?
Back and spine injuries are one of the most common work injuries we see in injured workers. Whether you injure your back or spine from lifting an object in the office or working a physically demanding job, it can be painful, debilitating, and you may need treatment for that 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 get a lump sum for back injury?
Workers’ compensation back injury settlements can take between one and two years to resolve.
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.
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.
What Factors Impact the Fair Amount for a Workers Compensation Back Injury?
Several factors determine the appropriate settlement range for your work-related back injury.
What are Common Causes of Work-Related Back Injuries and Pain?
A single traumatic event can cause back pain. Or your symptoms might develop gradually due to repetitive activity or motion over time.
What is the least severe lumbar sprain?
Grade I Lumbar Sprain: This injury is the least severe sprain, resulting in minimal functional loss.
How much does a physical therapy session cost?
Physical therapy: Each therapy session costs between $50 and $200 per visit. You may require more than one round of physical therapy for your lumbar strain, with each round consisting of 10 to 20 sessions. The need for surgery increases the potential workers comp back injury settlement value.
What jobs require lifting objects and interacting with the public?
Retail Sales Workers: Retail jobs require lifting objects and interacting with the public – two activities that put you at risk of a work-related back injury. I’ve represented employees of department and convenience stores such as Macy’s, Dollar General, and Dollar Tree, who suffered back injuries on the job.
What is a nursing category?
The nursing category includes certified nursing assistants (CNAs) and home health care aides. Heavy and tractor-trailer truck driver. If your job involves driving, you have an increased risk of suffering whiplash or a back injury in a work-related motor vehicle accident.
What are the risks of back injury?
Job Duties that Increase the Risk of Back Injury. You have a greater risk of hurting your back at work if your job involves any of the following duties and responsibilities : Driving a motor vehicle or heavy machinery. Extended hours or overtime, causing additional muscle weakness and fatigue.
How Much Does Steroid Injection Increase Settlement?
Steroid injections increase the average compensation payout for a back injury settlement. Epidural steroid injections signal to the insurance company that you have a more serious back injury. There are no statistics on exactly how much the average increases and back injury settlements without surgery will almost invariably have lower compensation payouts than those with surgery.
What happened to the woman in Domino's delivery 2021?
June 2021 – Texas $312,198 Verdict: A 42-year-old woman was rear-ended by a Domino’s delivery driver. She suffered cervical and lumbar bulges and right shoulder pain. The woman underwent several months of physical therapy. She subsequently underwent shoulder and cervical steroid injections. All her injuries resolved except her neck-related ones. Two years later, the woman underwent a cervical discectomy and fusion. She alleged that the Domino’s driver’s negligence caused her injuries. She claimed he failed to slow down and maintain an appropriate distance. The woman also made a vicarious liability claim against Domino’s. The defense denied liability. They argued that the woman suddenly stopped. The jury found the delivery driver 80 percent liable and the woman 20 percent liable. They awarded $312,198.
What was the verdict in the 2015 Maryland lumbar disc accident?
June 2015 – Maryland $18,000 Verdict: Plaintiff suffered lumbar disc herniation, mental anguish, and soft tissue neck injuries from a rear-end collision. The defendant disputed liability and contested the nature and extent of the plaintiff’s claimed injuries. A Prince George’s County jury awarded $18,000 in damages. This is a tough loss in a venue that has been favorable to plaintiffs historically.
What was the verdict in the case of Fulton Ave and Pressman Street?
January 2018 – Maryland $28,600 Verdict: Plaintiff was proceeding through the intersection of Fulton Ave and Pressman Street in Baltimore when another vehicle ran a red light and hit her. The driver of the other vehicle fled the scene and was never identified. Plaintiff sued her insurer, Allstate, for UIM benefits and was awarded $28k.
What was the verdict in the UPS case?
October 2018 – Maryland $53,883 Verdict: Plaintiff, a UPS driver, was driving a UPS tractor-trailer on I-95 just north of Baltimore when the defendant rear-ended him. Plaintiff allegedly sustains injuries to the middle and upper back and sought compensation for pain and suffering, medical expenses, and lost wages. The case went to trial in Montgomery County and the jury awarded $53k.
How old was the man who was rear-ended in 2020?
August 2020 – Washington $14,324 Verdict: A 47-year-old man was rear-ended. He suffered cervical, lumbar, and thoracic sprains with somatic and segmental dysfunction and C4-5 and thoracic degeneration. The man alleged negligence against the at-fault driver. He claimed he negligently tailgated him and failed to slow down. The jury awarded the man $14,324.
How much did the jury award for the Prince George's County accident?
The jury in Prince George’s County found in favor of the Plaintiff and awarded damages of $130,000 for his back injuries which he claimed would have a permanent impact on his life.
How Much Is Your Neck and Back Injury Settlement?
According to WHO statistics, over 6 million people in the US alone are confronted with the pain and struggles of the aftermath of car accidents. Back and neck injuries are among the most common injuries in auto accidents. As mentioned above, these injuries can be extremely painful and expensive to treat, which explains why you need to know the average settlements to ensure that you do not cover the expenses alone.
How long does it take for a whiplash to heal?
Fortunately, many Whiplash cases heal within a few weeks when there is early treatment. In some cases though, these injuries may cause long-term headaches, chronic pain and memory issues for even years after the auto accident.
How much does a car accident settlement cost?
In the US, the average settlements on minor back and neck injury claims is about $2,500 to $10,000 while settlements value for severe injuries could even be over $100,000.
What causes numbness in the neck and hands?
Herniated or slipped disc. This injury results mainly from a high-impact collision, which causes the intervertebral discs to slip from their position. The injury may cause compression of spinal cord nerves, leading to pain, numbness, weakness and tingling in the neck, hands, shoulders, fingers and arms.
How does the nature of an injury affect the economics of a person?
The nature and severity of the injury directly influence the economic damages that you will experience in the form of lost wages and medical expenses. Severe injuries can lead to debilitating physical pain, which can be chronic or lifelong in worst cases.
What is compression fracture?
When it comes to car accidents, compression fractures are more common in the lower or middle back, which is around the lumbar and thoracic spine. During the accident, the upper part of your body is thrown forward while the lower part is held back on the seat. The resulting impact pulls the vertebrae apart leading to a spinal cord injury or a spinal fracture.
What is spondylolisthesis in a spondylolisthesis?
Spondylolisthesis refers to a condition where a stress fracture causes a vertebra to shift out of its natural position. The condition leads to a bone displacement that eventually presses on the nerves leading to pain, weakness or numbness in the legs. In some cases, the injury may not cause any symptoms immediately after the accident, but after some years. Consequently, it is important to seek medical attention as soon as possible even though there are no symptoms of an injury.
How Does Spinal Fusion Surgery Impacts Settlement Value?
As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiff’s injuries. Whenever a plaintiff’s injuries require surgery, their tort case is going to have a higher potential settlement value. This is very true in back injury cases involving spinal fusion surgery.
Is Spinal Fusion Surgery Painful?
Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery.
Is Spinal Fusion Major Surgery?
Yes. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine.
Does Insurance Cover Spinal Fusion Surgery?
Yes. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance.
Why is spinal fusion important?
The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiff’s injury and pain & suffering claim. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously.
What are the most common injuries in the back?
The term “back injury” is an umbrella term that refers to any and all injuries involving the bones, discs, and nerves in the spinal cord. Some of the most common back injuries we see in personal injury cases include: 1 Whiplash: Whiplash is a type of neck injury that is often suffered in auto accidents, particularly rear-end auto accidents. Whiplash occurs when the sudden impact of a collision causes the neck to whip forward, injuring tissue in the cervical area of the spine. 2 Herniated Disc: Between each of the vertebrae bones in the spine are soft, doughnut-shaped discs that act as cushions. A herniated disc injury occurs when the outer casing of a spinal disc ruptures causing the soft, jelly-like tissue to push out of the disc. This can be very painful, especially when the protruding tissue compresses a nerve. 3 Fractured or Dislocated Vertebrae: fracture or dislocation of the spinal bones (vertebrae) is a very serious back injury. These types of back injuries usually occur in very high-impact accidents involving significant force. 4 Pinched Nerve: the spinal column is surrounded by many nerve attachments that connect various parts of the body to the brain. A pinched nerve results when a herniated or bulging spinal disc compresses or pinches down on a nerve root in the spine. This can cause severe pain and numbness.
Why is spinal fusion surgery higher than level 1?
There are two reasons for this. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. More treatment equals more damages. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment.
