what is the average back injury settlement in south carolina

Here are some estimates:

• Broken back – $50,000 to $150,000 for diagnosis and surgical treatment
• Herniated disc – $20,000 to $50,000 per surgery
• Sciatica – as much as $500 for home remedies; as much as $350 per therapy session; as much as $5,000 per year for epidural steroid injections; as much as $90,000 for surgery

Full Answer

How much can you get for a back injury settlement?

You can get even more back injury settlements and verdicts. What Is the Average Back Injury Settlement? Estimates on the average back injury settlement range from $10,000 to $90,000. Our lawyers prefer to look at median statistics than average statistics (which is how I started this post).

What is the average settlement for a car accident in Louisiana?

The largest settlement was a $2,100,000 award paid out to a man who suffered a spinal cord injury in a car accident. Louisiana had the highest disparity between the average settlement amount and the median amount of all the states in this study. The average neck and back injury settlement in Louisiana is $4,387,491 and the median is $1,045,000.

What is the average settlement for an injury on the railroad?

$154,500 settlement for a railroad worker who sustained multiple fracture injuries due to a fall. $150,322 disability award and lifetime medical coverage for an iron worker whose right hand was smashed. $150,000 settlement for a cook who injured her back while cleaning a deep fat fryer.

What damages can be recovered in a South Carolina workers’ compensation case?

In general, there are statutory caps on what can be recovered in a workers’ compensation case and there is no recovery allowed for intangible damages, such as pain and suffering and loss of enjoyment of life. The following is a list of settlements and awards obtained by Joye Law Firm’s South Carolina workers’ compensation lawyers.

How much should I settle for a back injury?

$10,000 to $100,000The 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.

How is pain and suffering calculated in South Carolina?

Recently, the South Carolina Supreme Court explained that there is no market price for pain and suffering caused by a personal injury because it can't be accurately determined, and there is no standard way of measuring it.

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.

What percentage does a lawyer get in a settlement case?

What Percentage in a Settlement Case Goes to the Lawyer? A lawyer who works based on contingency fees takes a percentage of your settlement at the end of your case, which is often around one-third of your settlement, per the American Bar Association (ABA).

Can you sue for pain and suffering in South Carolina?

Even if you were partially at fault for your injuries, South Carolina laws allow you to recover damages, including past, present, and future pain and suffering.

Can you sue for emotional distress in South Carolina?

South Carolina allows emotional distress damages based on negligence without physical injury.

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.

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.

Is a settlement taxable?

Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally tax that money. However, personal injury settlements are an exception (most notably: car accident settlements and slip and fall settlements are nontaxable).

How is settlement money divided?

The percentage of the settlement or judgment that attorneys charge does vary slightly, usually between 25% to 50%, depending on the type of case being handled.

What is the largest personal injury settlement?

Here are the Largest Personal Injury Settlements in US History$150 Billion For The Family of Robert Middleton. ... $4.9 Billion For The Anderson Family From General Motors. ... Gas Station Manager Awarded $60 Million After Suffering Brain Injuries Caused by Derailed Train. ... Ford Motor Co.More items...•

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 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.

What is a torn rotator cuff injury worth?

The most severe shoulder injuries may have a typical settlement payout in the range of $150,0000 to $300,000 or more. What Impacts the Settlement Amount of a Rotator Cuff Injury? The severity of the rotator cuff injury has the most impact on the potential settlement value of the case.

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.

What is the most common injury in South Carolina?

The Back Or Neck Injury In South Carolina. Injuries to the back or neck are very common in motor vehicle accidents, and they vary widely in severity. Some can be treated with over-the-counter medication, while others require multiple surgeries.

What is the minimum liability limit in South Carolina?

Minimum limits in South Carolina for liability coverage is $25,000 currently. Negotiations over case value will take place with a proper understanding of the insurance coverage in play. Of course, the existence of underinsured motorist coverage and uninsured coverage must be considered as well.

What is the value of whiplash cases?

The value of whiplash type cases is affected by many factors. Again the severity of the impact and degree of property damage is usually a significant finding. Further, a fact finding will examine the nature of the plaintiff’s treatment and question who rendered care to the plaintiff’. Chiropractic care may be discounted by some while physical therapy may not. A consciousness and thoughtful family doctor or orthopaedist who supports the plaintiff’s claims of injury will generally be very helpful. Pre-existing neck pain or injury may tend to lessen the value of the case while its absence may have the opposite effect. Nonetheless, plaintiffs in South Carolina are aided by the law that states they are entitled to compensation for aggravation of any pre-existing condition. Further, a defendant in South Carolina must take the plaintiff “as he finds him”. That is, the defendant cannot complain that a healthy individual would not have been injured in the wreck.

What are the aggravating factors in a motor vehicle wreck case?

Other aggravating factors the impact case value may include failure to render assistance, leaving the scene, or lying about how the wreck happened.

How much does a concussion cost?

Research has shown that the lifetime costs of an individual’s TBI can range from $85,000 to as much as $3 million. In addition, there is a staggering 60 percent unemployment rate for adults with brain injury, two years after their diagnosis.

What is a speeding violation in South Carolina?

To the extent a defendant was speeding above a posted speed limit, or traveling too fast for conditions, he or she may be in violation of a South Carolina traffic statute. Statutes are written laws governing conduct.

How is the size of a car wreck determined?

Speed is generally a significant cause determining the severity of most wrecks. The size of a case is often determined by how significant a fact finder (insurance adjuster, lawyer or jury) sees the impact.

How much was the settlement in Virginia in 2020?

February 2020 – Virginia $1,980,000 Settlement: While a passenger in a vehicle went off-road and struck an illegally parked tractor-trailer, the plaintiff suffered multiple injuries. They consisted of fractures to his L2, sternum, ankle, and ribs.

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 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 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 was the L2 case settled for?

So clearly this is more than a back injury case, but an L2 fracture is a serious injury. The case settled for $1,980,000. January 2020 – Maryland $205,392 Verdict: While driving on Shady Grove Road in Gaithersburg, the plaintiff’s vehicle was rear-ended by a motorist who was asleep at the wheel.

What factors affect the value of a workers compensation settlement?

Those factors include: The injured worker’s weekly compensation rate (obviously, the higher the rate, the higher the recovery). The number of weeks of benefits paid before the case is resolved (in most cases, ...

Is there a cap on workers compensation?

Workers’ Compensation and Statutory Limits. In general, there are statutory caps on what can be recovered in a workers’ compensation case and there is no recovery allowed for intangible damages, such as pain and suffering and loss of enjoyment of life. The following is a list of settlements and awards obtained by Joye Law Firm’s South Carolina ...

Recoverable Damages in Greenville

Although each claimant’s settlement amount will be unique, most share many of the same types of recoverable damages in South Carolina. The state’s civil courts permit accident victims to seek recovery for both economic (out of pocket) and noneconomic (intangible) compensatory damages.

Maximize Your Personal Injury Settlement

It may not suit your best interests to agree to a settlement from an insurance company before you have gotten an accurate evaluation from an attorney. Insurance companies in South Carolina may try to protect their bottom lines by downplaying your damages and offering a low settlement amount.

Caps on Personal Injury Awards

There are limits to non-economic damages in South Carolina. In general, if you are not injured in a hospital there are no caps for non-economic damages.

Charities, Nonprofits and Governmental Entities

The South Carolina legislature has determined that there are caps that can be applied for charities, non-profits, and governmental entities. Such caps are defined by the “Tort Claims Act” or SC Code § 15-78-10. The basic cap for damages against government non-physician employees is $300,000 per occurrence.

Compensation for Non-Economic Damages

There are data sources available to your lawyer which will allow the lawyer to know the fair value for your case. This usually is the amount of damages you have sustained: psychological, emotional, and physical. However, there are caps for non-economic damages. How much can I recover if I am hurt for my injury other than for non-economic damages?

Lost Wages and Loss of Earning Capacity

The amount of damages depends on you and your profession. If you are a professional athlete your damages may be more for an injured knee than if you are a computer programmer because your body is how you earn your livelihood.

Sample Verdicts and Settlements in Back Injury Cases 2017-2021

Some Older Verdicts

Understand The Value of Your Back Injury Case