Settlements for Back and Neck Injuries in Car Accidents
Posted on Fri Jan 22, 2021
Enduring the pain of a back injury from a car accident is no small burden. The physical consequences of the accident can cause discomfort, numbness, muscle spasms and, in some cases, short or long-term disability.
In light of this, the victim has a right to pursue damages after suffering a back injury from a car accident. Settlement amounts for back and neck injuries in car accidents run the gamut. Just because someone you know suffered a similar injury does not mean you will receive the same amount.
In this article, we'll discuss the average settlement for a car accident back and neck injury and the factors that influence it. Read on to learn more.
AVERAGE INSURANCE SETTLEMENT FOR A NECK AND BACK INJURY
Determining the average insurance settlement for a car accident back and neck injury is difficult since every situation is unique. Much will depend on the victim's injuries and whether they will suffer long-term or permanent impairment.
There is one caveat. Alabama is one of the few states applying the contributory negligence standard. This means that if you are found partly at fault for the accident, you will not receive damages.
WHAT FACTORS AFFECT YOUR SETTLEMENT VALUE?
The severity of the injury and the victim’s prognosis is the major factor affecting settlement value. For instance, the typical payout for a whiplash injury, among the most common back and neck injuries resulting from a car crash, is far less than the typical settlement amount for someone who is now paralyzed because the latter is more severe.
Other factors affecting settlement value include:
- Amount of medical treatment and rehabilitation
- Length of the recovery period
- The degree to which full recovery is possible
- Whether the person can return to work
- Whether the person can perform the same job held prior to the accident
To review, injury severity and the outlook of the victim’s recovery are two critical factors that influence the average insurance settlement for a neck and back injury. However, there are more factors at play and a skilled personal injury attorney will be able to examine your situation to uncover the best course of action.
HOW A CAR ACCIDENT ATTORNEY CALCULATES YOUR SETTLEMENT FOR A BACK AND NECK INJURY
In Alabama, someone with an accident-related back and neck injury can receive economic and non-economic damages. The former consists of lost wages, medical expenses, property damage, and other items relatively simple to document. Future lost income also falls under economic damages.
Calculating future lost income is done by taking the victim's age, occupation, education, skill sets, and the likelihood of promotion into account.
Non-economic damages include pain and suffering, loss of enjoyment of life, and emotional distress. These types of damages are more difficult to calculate.
Because pain and suffering are subjective, your attorney may ask you to keep a journal documenting your pain and the emotional impact of the accident. You may also want to include photos or videos of your progress. What you should not do is comment on your condition on social media.
Keep in mind the insurance company looks for reasons to deny even the average settlement for a car accident back and neck injury. Employees will search social media postings looking for photos of people participating in activities they are not supposed to have the ability to do and can twist even innocent comments into an argument against the seriousness of your injury.
Medical experts will discuss your injuries, future limitations, and potential future medical costs. Your attorney may also have your family members, friends, or fellow employees testify as to how your life has changed since the accident. For instance, you may no longer have the ability to take part in favorite activities or perform simple tasks.
Your attorney will work to gather and build testimony and evidence to support your case. To achieve the best possible outcome, follow the guidance of your legal counsel each step of the way.
WHAT IS THE LEGAL PROCESS TO GET A SETTLEMENT ON A BACK INJURY FROM A CAR ACCIDENT?
After a car accident, you may hear from the at-fault driver's insurance company. Do not agree to any settlement until you have spoken to an attorney. Once you agree to a settlement amount, the insurance company is under no further obligation, even if it turns out your injuries were worse than originally thought.
As mentioned, the average settlement for a car accident back injury varies. But there are steps you can take to set your case up for success. Here are four critical actions to take after the accident:
- Always call the police after an accident.
- At the accident scene, if possible, gather as much evidence as you can. That involves taking photos of the scene and your injuries, getting the contact information of any eyewitnesses, and writing down or recording what happened immediately.
- Do not admit fault. Seek prompt medical attention—this is critical.
- Hire an attorney with a good track record of recovering settlements and verdicts for their clients in personal injury cases.
CONTACT A HUNTSVILLE CAR ACCIDENT LAWYER
If you or someone you know experienced a back or neck injury after a motor vehicle accident due to another driver's negligence or recklessness, contact the dedicated personal injury lawyers at Warren & Simpson.
Call us at 256-539-7575 or complete our online form to arrange a free consultation. Our clients all receive the personal attention they deserve. Our lawyers are among the most successful courtroom lawyers in the nation, and we can help you receive the compensation you deserve for your injuries.