At the time, the payout covered all your losses. However, a few weeks later, you develop back pain after an accident settlement. Your doctor confirms that the injury stems from the accident, and you are incurring additional medical bills above the amount you received in the settlement.
Full Answer
What happens if my condition gets worse after I settle my case?
What Happens if My Condition Gets Worse After I Settle My Workers' Compensation Case? Depending on the nature of your workers' comp settlement and the laws in your state, you might be able get paid for further medical treatment and disability benefits. You might also have a new workplace injury on top of the old one.
What is the average settlement for a neck and back injury?
The largest sum we found was a $1,500,000 settlement awarded to a plaintiff who suffered injuries to the back, arms, legs, and hips in a car crash with a teen driver. New York has the highest reported average and median settlement amounts of any state for neck and back injuries.
What can I expect after my workers'comp settlement?
Depending on the nature of your workers' comp settlement and the laws in your state, you might be able get paid for further medical treatment and disability benefits. You might also have a new workplace injury on top of the old one. Please answer a few questions to help us match you with attorneys in your area.
Can you sue after reaching a settlement?
You usually cannot sue after reaching a settlement, but there are some exceptions to this rule. If you were injured in an accident and are being offered a settlement, it is important to contact an experienced personal injury lawyer in Phoenix for legal help.
Can car accident pain come back?
Automobile accidents frequently result in back pain, sprain or strain. You may twist or turn due to the injury, stretching your tendons or muscles beyond their limits. If this happens, your discomfort may intensify when you move, and you may have muscular spasms or cramps.
How long does pain last after accident?
How Long Will the Pain Last? It is not unusual for soreness to linger for up to six weeks following a car accident. Normal pain after a car accident often includes minor soreness.
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 long does it take to get a settlement back?
around four to six weeksWhile rough estimates usually put the amount of time to receive settlement money around four to six weeks after a case it settled, the amount of time leading up to settlement will also vary. There are multiple factors to consider when asking how long it takes to get a settlement check.
What should I do if my back hurts after a car accident?
4 Ways to Manage Back Pain After a Car AccidentRest, Ice, and Heat. Rest is vital for the healing of your back injury. ... Painkillers. Over-the-counter painkillers such as ibuprofen will help to reduce inflammation. ... Gentle Exercise. ... Massage Therapy.
What helps with soreness after an accident?
This can include general massage, stone therapy, or deep tissue massage. Your muscles are deep within the body, meaning a deep tissue massage may be helpful to reach those muscles and allow them to relax after an accident.
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 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 spinal fusion settlement worth?
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 my lawyer cash my settlement check?
While your lawyer cannot release your settlement check until they resolve liens and bills associated with your case, it's usually best to be patient so you don't end up paying more than necessary.
Why do lawyers take so long to settle a case?
There are legal or factual issues to resolve Cases may also take a long time to settle if there are important legal or factual questions that have not been resolved. Factual disputes can be questions about: who was at fault for the accident, or. the true cost of your medical care and lost wages.
How are personal injury settlements paid?
When a settlement amount is agreed upon, you will then pay your lawyer a portion of your entire settlement funds for compensation. Additional Expenses are the other fees and costs that often accrue when filing a personal injury case. These may consist of postages, court filing fees, and/or certified copy fees.
How long does it take to recover from car accident?
The average car accident injury requires 2-6 weeks. Healing time does not necessarily mean you'll need to miss work or that you'll be unable to perform your normal daily activities. It does mean, however, that you should exercise caution with everything you do until you're completely healed.
How long does it take nerves to heal after car accident?
Damage to any part of the spinal cord or nerves at the end of the spinal cord can result in permanent changes in strength, bodily functions, and sensation. It could take your body up to six months to heal following a spinal cord injury. If surgery is required, it could take up to four months to fully recover.
What is normal to feel after a car accident?
Emotions that are common after a car accident include shock, anger, guilt, denial, anxiety, fear, and irritability. Common signs and symptoms of emotional distress may include: Fear or anxiety. Crying.
How long does it take for muscles to heal after car accident?
Car accident muscle pain can last from six to eight weeks. Just because muscle pain is normal, it doesn't mean a doctor shouldn't check it out. Muscle pain after a car accident may be caused by severe sprains, strains, whiplash, or seat belt injuries that require medical attention.
What happens after you sign a settlement?
That is why it is critical to work with an attorney to determine the full value of your damages, including the cost of ongoing medical treatment or management of your injury. Your lawyer may be able to factor in the possible worsening of your injury and the effect this may have on your quality of life.
Why is it important to have a lawyer at fault?
Insurance companies and attorneys for at-fault parties are committed to paying out the least possible amount of compensation for an injury. That is why it is important to have qualified, experienced legal representation.
How Is Pain and Suffering Settlement Calculated?
However, once you receive a settlement offer from the insurance company, your attorney can help you determine whether the pain and suffering compensation offered is fair.
Do You Need a Lawyer to Win a Fair Settlement for Pain and Suffering?
You can estimate your pain and suffering damages as shown above or wait for the insurance company to quantify the amount for you. However, the downside of taking this option is that you might end up leaving money on the table.
What does it mean to get a full and final release?
In most states, a settlement with a full and final release means that you're giving up the right to bring any future claims having to do with your injury.
Can you waive your right to future medical care?
Unless your state has a law making it illegal for workers to waive their right to future medical care , you probably would have to prove fraud to get around the release; that is, you'd have to show that your employer or the insurance company intentionally misrepresented the terms of the settlement.
Can you reopen a workers comp claim after a settlement?
Also, the rules for reopening claims after a settlement will depend on state law and the specific terms of your agreement. So you should consult with an experienced workers' comp attorney if you want to reopen your case or file a new claim. Talk to a Lawyer.
Can you get paid for workers comp?
Depending on the nature of your workers' comp settlement and the laws in your state, you might be able get paid for further medical treatment and disability benefits. You might also have a new workplace injury on top of the old one.
Can you reopen a claim if you have medical evidence?
Most states allow injured workers to reopen their claims if there's medical evidence that their injuries have gotten significantly worse (and there was no other injury or other intervening cause). Each state has its own time limits and other restrictions on reopening a claim. (See our article on reopening a closed workers' comp case for more details.)
What to do if you have been offered a settlement?
If you have been offered a settlement for your accident claim, it is important that you speak to an experienced personal injury attorney before signing a release of liability. A skilled lawyer from Phillips Law Group can ensure that you understand the full extent of your injuries and the possible ramifications of signing a release.
How to maximize the value of a settlement offer?
Because the potential stakes of accepting a settlement offer are so high, there are certain steps you should take to maximize the value of your claim: Seek medical attention – Get medical treatment as soon as possible after the accident to determine the full extent of your injuries.
Why do people underestimate the value of their injury?
Consider the long-term consequences of your injury – Many personal injury victims underestimate the value of their claim because they fail to consider the long-term consequences of their injury. They may not be able to return to work after a serious injury, or they may experience pain and suffering that interferes with other aspects of their claim. An economic expert can calculate your expected earnings before and after the accident so that you can pursue compensation for the difference.
What is a release of liability?
This document states that you are receiving a certain amount of compensation in exchange for forfeiting your right to further pursue the claim.
Can you sue after a settlement?
You usually cannot sue after reaching a settlement, but there are some exceptions to this rule. If you were injured in an accident and are being offered a settlement, it is important to contact an experienced personal injury lawyer in Phoenix for legal help.
Can you reopen a settlement offer if it was fraud?
If the settlement offer was the result of fraud or bad faith, you may be able to reopen the claim if fraud is later discovered. However, this is very difficult to prove. You may want to consider consulting with an experienced lawyer if you suspect fraud may have been involved.
Can you take legal action against a settlement?
The language may state that you are accepting the settlement funds as full satisfaction of all claims. If you sign this release, you typically cannot take further legal action against the defendant or insurance company. An attorney can help you understand the terms you are agreeing to.
How does a back injury affect your life?
In many cases, a back injury has the ability to affect your life significantly, regardless of its severity. Most injuries will result in some degree of pain and discomfort and affect your ability to perform simple daily tasks, such as dressing and driving to work.
Why does pain develop after an auto accident?
In other cases, pain may gradually worsen over time. It is thought that pain that develops some time after a crash is related to evolving sensory changes, which slowly progress over time.
What happens if you get hurt in a car accident?
Car accidents, especially serious ones, can leave victims with a number of different damages and injuries, including injuries to the neck or back. In many cases, back pain caused by soft tissue injuries is extremely debilitating, and victims are often required to undergo significant amounts of treatment. A serious back injury sustained in a car accident can result in a lifetime of pain and suffering.
What is the most serious injury you can sustain in a car accident?
A spinal cord injury is the most serious injury you can sustain in a car accident and can cause permanent damage and disability. When a collision occurs, your spinal cord could suffer bruising, lacerations, or other damages from the extreme force and pressure. A spinal cord injury can cause permanent nerve damage and even paralysis. Victims who sustain a spinal cord injury will require urgent medical attention, surgery, and long-term physical therapy.
What causes a herniated disc in the spine?
Many auto accidents cause herniated discs. Spinal discs are the rubbery cushions that separate the vertebrae and protect your spine. A herniated disk is an injury that consists of the rubbery cushions or spinal discs that sit between the individual bones, breaking out and compressing the spinal cord nerves. This nerve compression is extremely painful for victims and can last several months or even years.
What is required to settle a car accident case?
In a personal injury case, the court will require substantial proof that the other driver was responsible for the crash and that this directly caused your injuries. The more evidence you have of the at-fault party’s negligence, the higher your car accident settlement offer will be. A skilled lawyer will investigate your case thoroughly to prove that another driver was negligent. They will also present evidence that directly links your injuries to the at-fault driver’s actions.
What is fair settlement?
A fair settlement offer should pay for all of the victim’s accident-related expenses and compensate them for any ongoing pain, suffering, and inconvenience. For example, if you have sustained a significant injury to your back, such as a spinal cord injury, your medical bills, lost wages, and the cost of rehabilitation will add up quickly. Therefore, victims who sustain injuries that require more treatment and healing will be awarded higher settlements compared with victims who have sustained relatively minor injuries.
Question
I have been experiencing severe lower back pain for months after a car accident. I still haven't settled the case since I can't figure out how long this injury will last. What settlement should I accept from the insurance company?
Answer
If you're still experiencing back pain after a car accident, now may not be the best time to try to reach a settlement. It can be frustrating to have an injury claim drag on, especially if the accident and your injuries have affected your ability to earn a living, and you're experiencing financial uncertainty as a result.
What are common types of back pain after a car accident?
We commonly use the term “back pain” to describe a whole host of injuries that may cause pain in your neck and/or back. Some conditions may be minor and ultimately heal on their own with rest, while other back injuries require extensive therapy and even surgery.
What is the most serious injury to your back?
Without a doubt, the most serious back injuries are ones that involve damage to the spinal cord, which is a bundle of nerves and tissues that connect your brain and the rest of your body. The vertebrae in your spine are designed to protect your spinal cord (part of your central nervous system) from injury.
Why is my facet joint sore?
When facet joints are damaged in a collision or other accident, it can be especially painful due to the large concentration of nerves surrounding the joint and spine. Traumatic events can also cause facet joint disease, which is when the facet joints degenerate. CT scans, X-rays or MRIs can usually detect facet joint injuries, and treatment may involve the help of a chiropractor.
Why is it important to seek medical attention after an accident?
Getting medical attention immediately after an accident protects you in case that pain does ramp up due to your injury being more severe than you thought.
What is discogenic pain?
Pain from a spinal disc injury is referred to as “discogenic.”. Discogenic pain is usually shooting, sharp and debilitating —and it can happen while you are still or engaging in an activity that irritates the disc. This intense pain often spreads to a person’s legs, butt, feet and groin areas.
