Factors That Can Lower A Back Injury Settlement
Below are some of the factors that can have an impact on your back injury settlement claim.
No back injury claim is going to be successful if the insurance company believes that the victim is partially to blame for causing the car accident.
Gather as much evidence as possible from police reports and medical assessments to help back up the claim, and be prepared to fight to prove your innocence. If liability can be definitively shown to the insurance company, it will help ensure you get the highest settlement possible.
Seriousness of Injury
For the maximum settlement from an insurance company, you must prove the extent to which you were injured, and how the injury has affected your life.
If it can be shown the injury is permanent, this will also help increase the settlement. For sprains and strains, this generally cannot be done unless the symptoms persist for more than six to twenty-four months.
There are over a hundred factors than can negatively or positively impact your back injury settlement. The above are just a few. An experienced lawyer who knows all of these factors should assess your case. This will help ensure no money is left on the table when negotiating with the insurance company.
Car Accident Settlement Amounts In 2022
Below, youll see several of our car and auto accident settlements. These include settlements with State Farm, GEICO, Progressive and many other insurance companies.
These car accident settlements are from 2022 and other years.
Youll even get to see several real settlement checks. Ill tell you what the average car accident injury settlement is.
But I dont stop there.
In many of these settlement stories, youll see how much my client actually got in his or her pocket after my attorneys fees and we paid their medical bills. This is different from most other car accident settlement stories online. Many of those do not say how much the client got in their pocket.
Before we get to my settlements, I want to go over a few frequently asked questions about car accident settlements. Here are a few:
How much should I settle for my car accident?How much should I ask for pain and suffering from a car accident?How do car accident settlements work?How do I get the most money from a car accident?What is the auto accident settlement formula?
To calculate how much an car accident case is worth, you add out of pocket medical bills , pain, suffering and lost wages. Next, you reduce this total value by your percentage of fault. For example, if you were 50% at fault for causing the accident, you reduce this total value by 50%. If you were not at fault, you do not reduce the total settlement value.
$350k Car Accident Settlement In 2021
In 2020, Sam was riding his bike in South Florida.
At the same time, Joe was in his car heading north.
Joe was turning to go Eastbound.
While Sam rode his bike westbound in the crosswalk crossing, Joe accidentally hit him with his car.
You can see a crash diagram below:
As a result of the car hitting him, Sam broke 3 bones in his ankle.
You can see one of his broken lower leg bones here:
At the hospital, a doctor drilled screws into a plate in Sams leg.
You can see a photo that the doctor took during the surgery:
After he left the hospital, Sam searched for a South Florida lawyer who had settled many car accident cases. He found me. Sam called my office and I gave him a free consultation. Shortly after we spoke, Sam hired me.
GEICO insured the driver of the car that hit Sam. Due to pain and swelling in his ankle, the doctor removed the plate and screws.
Sam had Medicaid, a Medicaid HMO and another temporary assistance program. They paid under $6,400 to the hospital and his doctors. And the hospitals and doctors adjusted the bills to zero. In other words, Sam did not owe the hospital or doctors any money.
The cars insurance company offered $100,000 to settle Sams car accident injury claim. The defense lawyer said that the offer was fair. We told Sam to reject it.
We then battled with GEICO for four months.
In 2021, GEICO paid us $350,000 to settle Sams personal injury claim.
This chart shows a comparison between the first offer and the settlement.
Take a look:
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Factor : How Severe Are Your Injuries
Neck and back injuries are not all created equal. They may consist of soft tissue injuries, which typically heal with a few weeks of rest, or they may involve the spinal cord and result in permanent paralysis. An injured individual can treat such injuries with over-the-counter or prescription pain relievers, or they may require multiple surgeries to repair. The more severe the injury, the more money is needed to repair and rehabilitate the victim.
Consider the following:
Potential issues that could lower the amount of a settlement include:
- Pre-existing injuries that appear on scans. The insurance company will often try to argue that the accident wasnt the cause of the back or neck injury or the source of the pain.
- A lack of acute findings on the diagnostic tests. Acute injuries look different on scans than degenerative ones. And while diagnostic tests arent the end-all when it comes to back or neck injury claims, it is often easier to negotiate a claim when there is visible proof of injury.
- How quickly the plaintiff is willing to settle. Settlements tend to increase over time, resulting in higher offers if a lawsuit seems inevitable otherwise. If youre unable to wait for the negotiations to unfold, your settlement will likely be lower.
- A large part of your medical treatment involved diagnostic tests rather than actual treatment of your injuries.
- Your recovery period was short and doctors did not prescribe any medication associated with the treatment of your injuries.
Factors That May Impact Your Neck Or Back Injury Settlement
Each victims injuries and recovery process are different. You cant simply say that a spinal cord injury or a soft tissue injury is worth a guaranteed amount of money. However, people with catastrophic injuries will generally receive higher settlements.
When you work with an attorney from the Crosley Law team, well consider the many contributing factors at play in your claims. We begin with the severity of your injury and your likelihood of recovery, then add in other important pieces to calculate your neck and back injury claims settlement value.
While we cant give you a number without learning the unique facts, we can discuss some things that may affect your overall compensation.
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Suing For Back Pain After A Car Accident
Car accidents are terrifying experiences that every driver attempts to avoid. However, what happens when an irresponsible driver slams into your vehicle and causes a car accident? The consequences of a careless driver can not only leave you with a totaled car, but also severe and long-lasting physical and emotional effects, such as neck and back pain from whiplash.
The aftermath of your auto accident can leave you in a stressful position as you attempt to regain control of your life. When youre in this position, youll want to do everything in your power to recover from your car accident. One way you can accomplish this is by reaching out to an auto accident lawyer who can help you obtain compensation through a civil lawsuit.
But what are the damages that can result from your car accident? The following are a few examples of how you can gather evidence from your auto accident, along with how back pain can cause significant damages.
The Strength Of The Evidence And The Skill Of The Back Injury Lawyer
Finally, the value of a back injury claim depends on the strength of the evidence and the skill of the injured individuals lawyer. Two identical car accident back injury claims could have two different values if the evidence supporting them differs or if the lawyers presenting them have unequal skill.
Evidence is important to the value of a back injury claim because it serves as the claims foundation. The stronger that foundation, the more certainty and confidence a victims lawyer will have in proving it in a court of law, and the more likely defense lawyers and insurance companies will offer to pay its full value. On the flip side, the weaker the foundation, the more likely the parties opposing the claim will fight it and discount its value.
Skilled lawyers for back injury victims commonly treat evidence-gathering as a top priority. Thats because they know the power of solid evidence. That seemingly tiny detail in an accident case, such as documents, sworn testimony, physical items, can turn an average case into an unbeatable one.
The right lawyer to maximize the value of a back injury claim:
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What Are Symptoms Of A Back Injury After A Car Crash
After a car crash, it is common to feel sore, which can make it hard to determine which pain is related to the back specifically. It can be helpful to know what to expect after an accident in order to decide what to do next.
Because the spine includes the large area from the neck to the pelvis, pain can radiate to many different regions of the body. After a car accident, back pain may come from inflammation, fractures, and compressed nerves. The symptoms may be uncomfortable but manageable, or they may make everyday tasks impossible to perform.
After a car accident, one may experience any of the following medical issues:
- A muscle may repeatedly twitch, feel like a hard knot, or feel tender when touched. Muscle spasms vary when it comes to pain they may be mild or debilitating.
$100000 Payout For Auto Accident Injury
Here is a photo of the crash scene.
The crash reported listed his injuries as possible. His airbag didnt deploy.
Keith was not transported to a hospital.
About eight months after the crash, Keith had terrible lower back pain. His father ordered an MRI.
Below is another view of the herniated disc.
Here, the view of the MRI is looking from top down.
His dad referred him to a neurosurgeon.
Specifically, he had a L5-S1 hemilaminotomy, medial facetectomy and microdiskectomy, using a microsurgery.
Here is an illustration of a discectomy.
This is in the incision from the surgery.
He was left with a small scar on his lower back from the surgery.
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Severity Of Your Injury
The severity of your injury plays a critical role in your lower back pain injury settlement amount. Settlement offers aim to make the victim whole through compensation for damages suffered as a result of the car accident.
If the victim suffered a significant injury to their back, such as a spinal cord injury, the damages accumulated from medical bills, missing work, and costs of rehabilitation pile up quickly. Thus, victims that suffer injuries requiring more treatment and healing time are entitled to higher settlements than victims suffering from minor back injuries.
In addition to economic losses, non-economic damages are considered in calculating the value of your claim. Common examples of non-economic damages include:
- Emotional distress
As with economic damages, more severe injuries result in higher values for non-economic damages.
Statute Of Limitations On Claiming A Car Accident Injury In Wisconsin: How Long You Have To Make A Claim
Every state is different. In some states its only 1 year, in others its up to 6. Youll need to contact an attorney near you to verify and ensure youve got a solid case and good reason to sue.
Wisconsin statute of limitations for claiming a car accident injury
In the state of Wisconsin, the statute of limitations to report an injury in a car accident is 3years . There are several other important car accident laws affecting injury claims in Wisconsin.
ready to make them pay?
Your approach to filing a claim is paramount to maximizing the settlement.
Dont do this on your own. Get an experienced, successful personal injury lawyer on your side to begin fighting and get every last penny youre owed for your pain and suffering. It matters.
Take action. Contact personal injury attorney Steve Caya in southeastern Wisconsin for a free consultation. His office is in Janesville, but we can arrange a place to meet anywhere in the state to discuss your case.
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Proving The Severity Of Your Injuries
Many back injuries are severe. To get the fullest compensation in your claim, youll need to prove the severity of your injuries.
See a doctor as soon as possible after the accident. If your back pain worsens at any time, call your doctor immediately. Document all medical appointments and save all bills. You will also need to show your damages from the back injury. That includes:
- Treatment costs
- Pain and suffering
- Future treatment needs
Your claim should show every way in which the accident has harmed your life. Back injuries can alter your day-to-day life in many ways.
Compensation Claims For Spinal Injuries
If your spinal injury occurred through no fault of your own, then you are entitled to compensation for any expenses and difficulties your injuries cause. However, in terms of the amount of compensation you are due, it can vary significantly depending on the circumstances of your case.
In California, part of the compensation for your case will be general damages which account for pain and suffering, as well as inconvenience. There are general guidelines as to the value of general damages that can be claimed depending on the severity of the injury. However, it is also left largely up to your attorney to argue and provide evidence of the expenses.
- For severe spinal cord injuries, general damages of between $240,000 and $320,000 may be awarded.
- For moderately severe spinal cord injuries, general damages of between $160,000 and $240,000 may be awarded.
- For moderate spinal cord injuries, general damages of between $30,000 and $160,000 may be awarded.
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Factors Used To Determine Verdicts/settlements
When you pursue a car accident back injury claim, compensation for medical bills and future lost wages can be determined by adding up the actual costs of these losses. However, estimating fair compensation for pain and suffering can be more difficult.
Some insurers use a formula to estimate pain and suffering compensation. There are two different methods of calculating these damages including:
- Using a multiplier. The cost of economic losses will be multiplied by a specific number. The multiplier is usually between 1.5 and 5 with 5 reserved for the most serious injuries.
- A per diem approach: This involves providing compensation for the number of days that you endured pain from the accident. It can be difficult to determine the daily rate to pay, but many insurers use actual daily earnings.
If you are negotiating a settlement with the insurance company of the person who caused your back injuries, either of these approaches could potentially work.
What Can Influence Lower Back Injury Settlements
If you experienced lower back pain after a car accident, you are not alone. Back injuries commonly occur in car crashes. The average settlement of a lower back injury depends on the circumstances of your individual case.
Less severe back injuries often warrant lower settlement offers, while major back injuries can result in large settlements. Damages resulting from a back injury can also be highly speculative.
Therefore, we cannot accurately predict the worth of your injury claim without an in-depth analysis of your individual circumstances. Contact us today so we can get started reviewing your claim.
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How Do I Get Help For Back Pain Following An Accident
After experiencing back discomfort during an automobile accident, call 911 or get to a hospital as soon as possible.
After leaving the accident scene, go straight to a hospital emergency room for medical treatment, diagnosis, and care.
In alternative cases, you can try to see your family doctor as soon as possible following the accident, but keep in mind that most family doctors cannot do imaging to determine whether you have disk damage. Generally, family doctors will prescribe pain medication and/or anti-inflammatory medicines and recommend you wait and see what happens.
If you suffer back pain after a car accident and, for whatever reason, are unable to see a doctor on the same day, the important thing is to get medical attention as soon as possible.
Do I Need A Personal Injury Attorney After Back Or Neck Injury
In some cases, the adjuster may discourage you from involving a lawyer while filing a claim after a back or neck injury claiming that it is not worth the money and the time. The insurance company may also rush into giving you the first offer for your settlement after a car accident. However, it is always important to include a reliable personal injury lawyer, since the company and the adjuster are after saving their money and not ensuring that you get a fair settlement.
A personal injury lawyer will also look out for your interests and ensure you get the best results from your claim. In addition, a personal injury attorney will only get paid when you receive compensation for your neck and back injuries. They will also help you navigate neck and back claims as they are usually very complex, especially for a person with no experience.