Average Settlement For Car Accident Back Injury
Neck and back injuries are common after a car accident, but they can be difficult to prove. Insurance adjusters may not believe that your pain is real or caused by the accident.
Many people with neck and back injuries struggle to get the compensation they deserve because insurance companies don’t believe their injuries are real. It can lead to long, drawn-out legal battles that can take years to resolve.
At Rosenfeld Injury Lawyer LLC, our experienced personal injury attorneys help you get the settlement you deserve for your neck or back injury. We have a proven track record of success in getting our clients the money they need for medical treatment and missed income.
Contact our car accident lawyers today at 424-5757 to explore your legal options. We offer free, no-obligation consultations to help you understand your rights and determine if we can assist with your personal injury case. All sensitive and confidential information is kept strictly private through an attorney-client relationship.
C Average Workers’ Comp Settlement For Spinal Fusion
A laminectomy with spinal fusion surgery is necessary in some severe back injury cases. Workers’ compensation back injuries involving spinal fusion surgeries tend to have higher settlements than other types of back injuries.
It is not unusual for a spinal fusion workers’ compensation case for a high wage earner to result in a settlement of $100,000 or more. When a spinal fusion is required at multiple levels, the eventual workers’ comp spinal fusion settlement may be even higher.
Additionally, in severe back injury cases in which the workers injured needs a spinal fusion surgery, that worker may never be able to return to work in their former capacity. They may also be permanently and totally disabled, which can significantly increase the settlement for the case.
Winning A Fair Back Injury Settlement Isnt Easy Dont Do It Alone
For every back injury claim, theres a team of insurance company lawyers on the opposing side. They work around the clock looking for every possible way to deny or minimize the amount of your claim.
The quality of attorney representing YOUR side of the claim is the single biggest factor determining the settlement amount youll get. The other side does NOT want to risk a virtually unlimited jury award for back injury at trial. When your claim is backed by a proven trial attorney like Steve Caya, the initial response is typically a much larger settlement offer.
All cases are handled on a no-win, no-fee basis. You pay NOTHING until weve secured fair compensation for your back injury claim. Theres no obligation to receive a free claim review reach out today.
for a free consultation. Dont wait you only have a limited amount of time to file a back injury lawsuit in Wisconsin.
Recommended Reading: Most Common Injury In Car Accident
Back Pain After A Car Accident
Even low-impact collisions can cause injuries such as whiplash, which can occur at speeds as slow as 2.5 miles per hour.
Back injuries from car accidents can last a few days or can be debilitating for life. Some of the most common back injuries include:
- Spinal fracture, and
Some of these injuries may not present themselves immediately. Adrenaline can help mask pain immediately following a car accident. Some injuries may go undetected for days or weeks.
It is important to be seen by a doctor as soon as possible after a car accident, even if you do not think that your injuries are significant. Not only is this ideal for your back injury settlement, but it is also best for your health.
Back Injury Settlement Cases
If you want to get the best back injury settlement for your injury compensation claim, you need to work with a top-rated injury lawyer. At Ehline Law Firm, we prioritize getting our clients the best settlement value possible. We leave no stone unturned when it comes to back injuries from car accidents and other incidents. We have experience working through the various policies from any insurance companies in the specific case.
If you consider that around 50,000 traffic accidents occur in Los Angeles every year, its hard not to think about all the pain and loss that can occur. Spine and neck injuries, loss of life, severe pain, high medical costs, and lost income are just some of the possible consequences of this alarmingly high statistic.
Our law firm covers Los Angeles and many other parts of California to ensure that each of our clients gets a favorable injury claim verdict. The average settlement amount can help the victim deal in part with all of the financial, physical, and emotional loss and pain that they may be experiencing as a result of the collision or other incident.
There isnt a simple formula to determine the potential average settlement amount after a car accident. There are a lot of factors to consider, such as how the incident happened and which driver was at fault.
Recommended Reading: Traumatic Brain Injury Recovery Stories
Does The Medical Evidence Show That You Suffered A Back Injury And That The Work Accident Caused Or Contributed To It
When reviewing a clients medical records, I look for:
- The patients medical histories to see if they describe a work-related accident or any later non-work-related incidents .
- Past reports of back pain and whether the symptoms included radiating pain
- Other orthopedic or autoimmune conditions that could explain the back pain and other symptoms
- Physician statements on causation, specifically whether the work-related accident caused the injury.
- Physician statements on disability from work and, if youre disabled from work, whether youre capable of light-duty or no work at all.
- Tests and signs showing back pain or lumbar spine conditions such as:
- Results from diagnostic imaging tests such as:
- X-Rays that look for spinal fractures,
- Computerized Tomography that assess the spinal structures for a herniated disc or stenosis,
- Myelogram that uses dye to help the radiologist get a better view of any spinal cord nerve root compression,
- Magnetic Resonance Imaging that creates an image of the soft tissues of the lumbar spine,
- Electromyography and Nerve Conduction Studies that confirm lumbar radiculopathy,
- Ultrasound that detects tears in the lumbar muscles, ligaments, and tendons, and
- Discography that attempts to reproduce symptoms to determine their origin
I use this information to:
Lower Body Work Injuries
Lower back injuries are a leading cause of workers disabilities. Lumbar sprains, strains, and herniated discs are common workplace injuries.
Average settlement amounts for lower body injuries include:
- Ankle $30,486
- Foot/toes $27,628
While the average settlement for a hip injury is above $50,000, minor injuries that get treated without surgery will typically settle for between $5,000 and $20,000. Settlement amounts jump drastically in cases involving total disability.
As to knee injuries, youll likely see a settlement amount above the average when surgery is required to repair the injury. When surgery is required for a torn anterior cruciate ligament , the value of a workers compensation settlement can rise to $80,000 or higher.
Also Check: San Diego Work Injury Attorneys
Past Oregon Back Injury Cases Weve Handled:
Back Injury Case Example #1: Bicyclist Hit in Crosswalk Accident
M.T. was walking his bicycle across the street when he was hit by a car. He was in the crosswalk and had a walk sign, so liability was clear. The car knocked him to the ground and ran over his dog! The dog was fine, but M.T. was severely injured. His injuries, including serious back pain and a hand injury that later required surgery also affected his ability to do his job. Eventually, he had surgery and with physical therapy he was able to use his hand, although not as well as he had before. Sean DuBois was able to get a settlement of $115,000 .
Back Injury Case Example #2: Back Surgery, Herniated Disk
L.N. was driving on 205N when traffic forced her to stop. The person behind her rear-ended her after braking so hard he swerved. After seeking treatment that did not seem to be working, she had an MRI. One of the disks in her back was herniated and required surgery. When she found out about the need for surgery, she started researching attorneys because she did not want to be left to pay any medical bills. She found DuBois Law Group and they got her the policy limits from the at-fault drivers insurance as well as filed a UIM claim for her with her own insurance. This case settled for $150,000.
How Do I File A Back Injury Claim
If you have been in an accident and have sustained a back injury, you may be wondering how to file a back injury claim. There are a few important steps that you can take to ensure that your claim is processed correctly:
- Get in touch with a lawyer as soon as possible after your accident. An experienced attorney can help you navigate the legal process and ensure that your claim is filed correctly.
- Gather all necessary documentation for your claim, including medical records, treatment notes, and other important documents related to your injury.
- File your claim as soon as possible. In many cases, you will need to file a claim within a certain period after your accident.
Recommended Reading: Worker Comp Settlements Back Injury
How Long Does A Back Injury Take To Heal
The healing process for a back injury can vary depending on the severity of the injury.
In some cases, a back injury may heal within a few weeks with rest and ice. However, a back injury can take months or even years to recover in other cases. If you are suffering from a back injury, it is essential to follow your doctor’s orders and take the necessary time to heal properly.
Full And Final Settlement With A Medicare Set Aside Arrangement Funded By The Insurer
An MSA is a special account set aside to pay for expenses related to your work injury. When the MSA fund runs out, Medicare will pay for the rest of your medical care as long as the funds from the MSA account were properly used. You may need to make arrangements for an MSA account if:
- You have applied for Social Security Disability benefits and your claim is pending with the Social Security Administration .
- You are receiving Social Security Disability Insurance benefits.
- You are eligible for Medicare coverage because of your age.
Don’t Miss: How Much Do Personal Injury Lawyers Take
What Is The Average Payout For A Back Injury Claim
The average payout will depend on your specific situation, but back injury cases can go as high as $200,000-$300,000 in some cases. If its a soft tissue injury, it will generally be under $25,000.
If it is a spinal disc injured in your back, your case will be worth between $50,000 to $400,000 on average, depending primarily on whether you get surgery and the result of that surgery, and where you are located geographically.
What Are Common Causes Of Work
A single traumatic event can cause back pain. Or your symptoms might develop gradually due to repetitive activity or motion over time.
The distinction is significant because some states workers comp laws do not cover cumulative trauma injuries.
Common acute traumas resulting in back injury include:
- Someone elses negligence or intentional act. For example, a co-worker dropping an item that you are tandem carrying, another driver making a mistake that causes an automobile accident, or your employer failing to provide help in the form of co-workers or safety equipment.
You May Like: Personal Injury Lawyer Las Vegas
Average Back Injury Settlement Amounts
Across all workers comp claims for all types of injuries, the average claim comes to $41,003, according to the National Safety Council.
That same data set states average costs of $36,882 for lower back injuries and $33,154 for upper back injuries. When you go through the workers compensation system, you cannot recover an amount for pain and suffering.
The seriousness of your condition, as well as the required medical treatment and prognosis, makes a big difference in the value of your claim. What is considered an average or favorable settlement will vary based on your exact back injury. A broken back is always going to be more serious than a muscle sprain, and thus itll have a higher value.
Workers comp wage benefits are about two-thirds of your average pre-injury income. Similarly, a workers comp back injury settlement will use the wage benefit calculation.
Workers who suffer a permanent partial disability or total disability from their back injury may be eligible for a lump sum settlement based on a state or federal schedule of benefits allocated for each body part or function.
Workers compensation back injury settlements can take between one and two years to resolve. More complicated or expensive claims may take longer. See a case example of a workers comp back injury settlement.
For your protection, many states require workers comp settlements to be approved by a judge or the states workers compensation commission.
Lower Back Pain Car Accident Settlement Amount
After sustaining injuries from a car accident, youll probably be curious about how much youll get from your settlement. Even before asking for a specific amount of compensation, it is important that you are familiar with what the average settlement amount is. Determining the value of a case is an essential part of any personal injury process.
At Gordon & Gordon, our personal injury attorneys in Northwest Louisiana pride themselves on helping victims of negligence. We know that victims deserve compensation for their injuries, and we vow to fight on their behalf. With 30 years of combined legal experience, you can rest assured that were well-equipped to handle your case. If you or a loved one suffered a lower back injury from a car accident, were here for you. To schedule your consultation with us, please call today. We dont charge fees or ask for reimbursement unless you get a settlement in your case.
In this blog, the Shreveport personal injury attorneys at Gordon & Gordon outline the process and nature of compensation for lower back pain after a car accident.
Recommended Reading: Average Settlement For Foot Injury
Can I Fracture My Back In A Car Accident
In a high impact car accident, it is possible to fracture your back and have long-term damage which will require surgery and stabilization of your back. Although not common in a run-of-the-mill accident, back fractures are more likely to occur in those accidents if the victim is older or has pre-existing injuries which make her or him susceptible to those injuries.
How Can A Shreveport Personal Injury Attorney Help Me
In any personal injury case, an attorney is one of the best investments you can make. Many reasons exist for hiring an attorney, and even more for hiring one from Gordon & Gordon. Below, we list some of the benefits we bring to the table:
- Determining liability in your case.
- Gathering evidence to support your claim and your case.
- Reaching settlements that cover all of your damages.
- Litigating your case in front of a judge, if necessary.
Also Check: Personal Injury Attorneys In Birmingham Alabama
Average Neck And Back Injury Settlement Amount
Over $1 billion worth of case results
Awarded Best Law Firm in 2022 by U.S. News & World report
$42 Million Dollar Jury Verdict: #2 Verdict in the State of Florida in 2016
$15 Million Dollar Jury Verdict
If you sustained car accident related injuries caused by another drivers negligence, you might ask yourself what the average settlement is for neck and back injury claims. The settlement amount you receive is dependent on many different factors. By working with the top-rated car accident lawyers at Florin|Roebig, you can rest assured that you will get the compensation you deserve.
Structured Workers Comp Settlement
A structured workers compensation settlement works almost exactly the same as a lump sum settlement except that you are agreeing to receive a certain amount of money divided up into regularly scheduled payments. This type of settlement will close and finalize your case just as a lump sum settlement would.
This type of settlement tends to be offered only in cases where the amount of money to be paid would be very large, such as several hundred thousand dollars or more. In most cases, its actually better to take a lump-sum settlement and invest the money with a good financial advisor. This way you can preserve as much of the original settlement money as possible and draw regular payments yourself from your investment when you want to.
Also Check: Kelly And Associates Injury Lawyers
Common Back Injuries And Back Injury Claims
Common back issues
Back injuries usually start with a range of symptoms such as:
Common symptoms and GP diagnoses for back injury claims may include: mechanical lower back pain, lower back spasms, back muscle pain, lower back sprain, pinched nerve in lower back , disc protrusions
Back Injury Compensation Claims
Back injuries are very common in personal injury claims. In motor vehicle accidents injuries to the cervical spine and lumbar spine occur due to whiplash. In work injury claims injuries can occur in a number of ways such as driving on uneven surfacing, heavy lifting, and repetitive motions.
Foyle Legal can help you to have your back injury at work assessed for the purposes of making a common law claim or receiving a workers compensation settlement.
There may be more than one back injury compensation claim options available for you. For instance a person who is in a work related not at fault car accident will have workers compensation rights and third party motor vehicle accident rights. If this is the situation you are in, it is important to be strategic and focus on optimising your compensation payouts. If you are unclear of about the best way to approach your injury compensation claim, please contact Foyle Legal for your no obligation consultation.
Actions to take when you have a back injury