What Types Of Damages Can I Recover
In addition to economic losses, a good personal injury lawyer will make a claim for any non-economic damages connected to your accident. Common examples of damages that you may be eligible to claim include:
- Medical bills Payment for all related past, current, and future medical bills and any other out-of-pocket expenses related to the neck or back injury.
- Lost wages Payment for any lost income if you missed work to seek medical treatment for your injuries.
- Loss of earning capacity Payment for permanent or temporary loss of earning capacity or inability to work because of your back injury.
- Pain and suffering Payment for all of the emotional/mental suffering and physical pain you have endured due to the injuries sustained in the accident.
- Property damage As well as injuries, you may have had to pay out for vehicle repairs or vehicle replacement. If someone was responsible for the accident, your settlement could account for this.
Any person who sustains a permanent neck or back injury or a disability in a car accident will expect a very substantial payout to account for their ongoing medical costs/ equipment, the permanent effect that their injury has had on their life, and their inability to perform everyday tasks.
Treatment For Neck Injuries And Chronic Pain
The treatment required for a neck injury after a car accident will vary depending on the severity and type of injury sustained. Serious injuries like spinal fractures or disc herniations may require surgical interventions.
Whiplash-associated disorders or soft tissue damage injuries may require a neck brace and pain medication to reduce the discomfort associated with the injury. Long-term physical therapy will likely be needed to recover effectively.
Which Injuries Arent Considered Serious Bodily Injury For Purposes Of Using A Guilty Plea On The Ticket Against The Other Driver
For purposes of using a traffic court guilty plea in an injury case, courts have said that many injuries arent considered a serious bodily injury. For example, these injuries didnt amount to serious bodily injury:
- the only injury resulting from the accident were two fractured ankles, from which she fully recovered
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What Is A Slip And Fall Injury
A slip and fall injury is a type of injury you suffer when you trip or slip. These accidents can lead to serious and permanent physical injuries whose effects can significantly affect your life, including your ability to work.
What are the symptoms of a slip and fall injury?
- Fractured bones
Did you know in Ontario, there are approximately 300,000 falls per year of which nearly half are serious enough to require medical attention such as a visit to the doctor or the nearest emergency room. While many of the falls can be attributed to age or poor fitness levels, the majority of falls are caused by someone elses failure to ensure the property they are responsible for is safe for everyones use.
Danger Of Early Settlements In Neck Injury Claims
How quickly does a neck injury manifest itself?
As is often the case, signs and symptoms of a neck injury may not appear until several hours or even days after the accident occurred. Some symptoms can take up to weeks to manifest.
Car accident neck injury amounts will be greatly affected by the steps you take in the period following your accident.
If you experience any of the following, be sure to seek medical assistance as quickly as possible:
Pain or stiffness in the neck
Radiating pain that penetrates the shoulders, arms and hands
Any tingling, numbness or weakness in the arms, hands and fingers
Even if you dont feel as if the level of pain that youre suffering warrants a trip to a doctor or emergency room, you should still seek an opinion from a medical professional.
A doctor will diagnose your neck injury and can help prevent potential chronic pain and long-term complications from ruining your life.
We see this too often, where someone is in a car accident and does not think they are injured or thinks they are injured only a little. As a result, they settle early on for a nominal amount making their whiplash claims payout average much lower than it could be.
Sometimes, that nominal amount is $5,000, and they think they just pulled a fast one on the insurance adjuster but what this does in reality is close the door on any more money when you realize your injury is actually worse.
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What Kind Of Injuries Affect A Car Accident Settlement
You can suffer a range of injuries as a result of a car accident which can range from minor to severe. Neck injuries such as whiplash are fairly common with car accidents but neck injuries can range from small strains, to neck fractures and breaks.
Back injuries can also range in severity from herniated discs to extensive spinal trauma which can lead to paralysis and be irreversible.
The more serious the nature of the injury, the higher the probability that a settlement will be of a higher financial sum.
Average Neck Injury Settlement
The outcome of every neck injury claim is different and depends upon a unique set of variables, so determining the average cost of a settlement is very difficult. In our settlements and verdicts page, we describe how even when lawyers use the same methodologies, they may reach different settlement averages for a similar case type.
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How Do Insurance Adjusters Calculate Settlement Values
Insurance adjusters investigate claims for their employersand their job is to save the insurance company as much money as possible. They will start by reviewing your medical records, crash reports, and other evidence. However, they will look at your case very differently than a personal injury attorney.
Your attorney sees you as a person with a serious back injury who needs medical treatment and a fair settlement. The adjuster sees you as a case number associated with medical costs, property damage, and other expenses.
If there are any issues in your case, or youre unrepresented, the adjuster may try to take advantage of these weaknesses to reduce or eliminate your payout. Thats why you should never accept the insurance companys first settlement offer its probably undervalued and doesnt fully consider the severity of the injuries you suffered.
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.
These bones run from the base of your skull to the top of your shoulders. Cervical vertebrae are especially important, as they contain the atlas and the axis . These delicate bones influence your center of gravity, mobility, and more.
Just like the thoracic and lumbar spine, the cervical spine is incredibly vulnerable to injury during a car crash. Your head tends to rush forward on impact, which can severely damage the fragile structures there. The trauma from an auto accident can damage both the atlas and the axis, resulting in severe injuries.
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A Quick Word About Compensation For Scars
A scar on your lower back isnt worth as much as a scar on a your face. Also, a scar on a man isnt worth as much as the same scar on a woman.
We sent State Farm a written request to give me certain insurance information required by Florida Statute 627.4137.
State Farm insured the other driver. I got State Farm to offer the $100,000 bodily injury liability limits. And this was without a lawsuit in this car accident case.
Here is the $100,000 settlement check.
Keiths health insurance company demanded that we pay them from the settlement. They are entitled to get paid back from a Florida car accident settlement.
I got his health insurance company to accept a fraction of what the they paid:
He would not have been able to get this discount without a lawyer.
I estimate that 99% of the settlement was for Keiths pain and suffering.
Take a look:
Basically, the total payout was 79 times Keiths out of pocket medical bills and health insurance lien that I paid.
He was very happy with his settlement.
Here is a photo of Keith and I.
% Of The Settlement Is For Pain And Suffering
Cesar had insurance on his van with United Auto Insurance Company . UAIC took his recorded statement . Cesars personal injury protection on his car insurance paid $10,000 to the hospital and his medical providers.
In December 2019, I settled Cesars personal injury case for $20,000. Take a look at GEICOs settlement check:
About 70% of the total settlement was for his pain and suffering. The rest of the settlement was for his medical bills.
Take a look:
After my attorneys fees and costs, and paying all of his medical bills, Cesar got over $7,250 in his pocket.
Check it out:
Keep in mind that this $20,000 settlement is much higher than the average car accident settlement in Florida. Why is it much higher?
For two reasons.
First, Cesars van sustained a huge amount of damage. Car insurance companies pay more money for pain and suffering if your vehicle is badly damaged.
Second, an ambulance took him to the hospital from the accident scene. Car insurance companies) pays more money for pain and suffering if you take an ambulance to the hospital from the accident scene.
Cesar told us that we did a Good job. Here is a photo of him smiling after he came to my office to get his settlement check:
We likely would have gotten a bigger settlement if he would have had an MRI of his neck and/or back. However, the doctor did not feel that this was necessary.
His pain did not shoot down to his arms or legs, and his localized back pain was not severe.
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How To Prove Your Neck And Back Injury Damages
In some instances, it can be difficult to prove that a car accident victim is suffering from a neck or back injuryespecially a whiplash-type injury. One reason why these injuries are so difficult to prove is that they are not always observable on imaging studies and diagnostic tests, such as MRIs and X-rays.
$300000 Car Accident Injury Settlement
Ryan was driving a rental car in Clearwater, Pinellas County, Florida. He was in Florida for business purposes.
Another driver crashed into Ryans car.
You can see the damage to Ryans rental car.
Below, you can see the damage to the other drivers car:
At the hospital, someone took a photo Ryan. Check it out:
Here is another image that focuses more on the equipment that was used to monitor his vitals:
Let Me Fight to Get You a Fair Settlement
After we spoke, he hired me. At the hospital, doctors performed surgery on his leg.
In particular, they put a plate and screws into his leg.
After surgery, the doctor put a cast on his leg.
When he left the hospital, he could not walk. He was wheeled out of the hospital.
Allstate insured the careless drivers car.
However, he only had $10,000 in bodily injury liability coverage.
Within 8 days of the car accident, Allstate sent me a check for the $100,000 BIL limits.
There is no guarantee that the car insurance company for the at fault driver will send you a $100,000 settlement check within 8 days of a car accident.
However, here is my video about when youre most likely to get a $100,000 settlement check within 8 days or less after a car accident:
I did not want to deposit the $100,000 check.
There, someone would load him into a van while he was in a wheelchair.
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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.
Muscles, tendons, ligaments, and nerves help maintain the structure and integrity of your spine. Medically, the spine is classified into three sections: cervical, thoracic, and lumbar.
A violent car accident can traumatize the sensitive components of your spine, which can lead to spinal injuries or debilitating back pain. Keep reading for the most common back injuries from car accidents.
You Need To Account For Long
Similarly, back injuries can range from temporarily uncomfortable to permanently debilitating. Damages are meant to cover both current expenses and future costs and losses. Spinal cord injuries require stays in hospitals and care facilities, with the National Spinal Cord Injury Statistical Center estimating 11 days of acute hospital care and 31 days in a rehabilitation center.
That is just the immediate expense, not including long-term care. Even soft tissue or disk injuries carry the risk of recurrence latersomething damages can take into account.
As a result, comparing a minor neck strain to a fractured vertebra or a back sprain to a spinal cord injury is not helpful in understanding your possible settlement amount. Your injury reflects what happened specifically to you, and so should your damages.
our personal injury lawyers today
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Above Average Whiplash Injury Settlement Payouts
If you want an above average settlement payout for a whiplash injury, you will need a lawyer who will treat your whiplash case like a 100k+ payout case. Here is how we treat every one of our clients cases:
If your lawyer goes all in and builds your whiplash case like a six-figure case, no surprise, it is more likely to become a six-figure case. If it is that simple , how come all lawyers do not do this for every case?
Two reasons why. We will discuss them each in turn.
Average Whiplash Injury Settlement Amounts
What is the average settlement payout for a whiplash injury? Unfortunately, f you are an injury victim dealing with whiplash, you will be unhappy to hear it is less than $10,000.
Do you want to be average? If yes, contact a lawyer referral service. They are inundated with average injury attorneys who will settle your case fast while leaving money on the table. Otherwise, find a lawyer who really understands these injuries and how to squeeze out maximum value for you.
Thus, how much settlement you can get for your neck injury depends on who is fighting in your corner.
Keep in mind that the average whiplash neck injury settlement amounts will include $2,000 whiplash car accident settlements and $200,000 whiplash auto accident settlements. You could end up with $2,000 if you dont hire a lawyer who will protect the value of your claim.
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Can I Sue For A Neck Injury After A Car Accident
Yes. If your auto insurance company refuses to pay for or cuts-off No-Fault benefits related to your injury, then you can sue for unpaid, overdue medical bills, attendant care, medical mileage, replacement services and lost wages because your injuries have prevented you from returning to work.
You can also sue the at-fault driver for pain and suffering compensation as a result of your crash-related pain or injury, but you will first have to show that the other driver was at-fault for causing the collision and that your back pain constitutes a serious impairment of body function under our auto law.
Additionally, you may be able to sue the at-fault driver for other economic damages, such as excess and future medical bills and lost wages.
How Are Injury Settlement Values Calculated
There are many things that have to be taken into account before reaching a settlement with an insurance company because they will greatly impact the amount of money necessary to cover all medical expenses. One of the most crucial elements that will be considered is the sort of damage you sustained. A person who has had whiplash will not be compensated in the same way as someone who has suffered spinal cord damage. Treatments for recovery will also be considered when determining the sum of money which will be used to pay for them. Some injuries will only take a few days of rest and possibly pain medication, whilst others may necessitate multiple injuries, physiotherapy, and months of healing. Aside from the therapy, the costs of medical tests must be included in this calculation, doctors will need to evaluate a patients progress on a regular basis in order to adjust their treatment.
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Proving Whiplash And Getting Medical Treatment
Whiplash-type injuries are very common after a car accident, but they’re also problematic from an injury claim perspective. That’s because, like all soft tissue injuries, they do not typically show up on X-rays, MRIs, and other diagnostic tests. That doesn’t mean whiplash-type injuries are any less legitimate or any less painful than other types of car accident injuries. But it does mean that if you are experiencing pain, discomfort, limited movement, stiffness, or any other symptoms of neck injury, it’s important to get medical attention after a car accident.
Obviously, getting proper medical treatment for your injuries is essential to your health and well-being. But it’s also critical for any injury-related insurance claim you make after a car accident. An insurance adjuster isn’t going to just take you at your word when you say that you’re injured, and then cut you a check. All your losses need to be documented as much as possible. And if you can produce medical records and bills that show the type and extent of medical treatment you received after the car accident, that will go a long way toward legitimizing your injuries .