A back injury can devastate your life. They are painful and expensive to treat. These injuries are more common than many people realize. According to the Mayo Clinic, car accidents cause 35 percent of back injuries.
Accident back pain can haunt you for years. That’s why a back injury accident settlement must cover ongoing medical expenses, loss of income, pain and suffering, physical therapy, and more. You need a personal injury attorney to maximize compensation in a claim or lawsuit.
This page highlights the factors determining the size of a lower back pain accident settlement. If you have questions about a case, talk to a back injury attorney in your area.
What Are The Most Frequent Car Accident Back Injuries?
The back and spine are delicate and complex. A violent accident may traumatize your back and lead to spinal injuries or lower back pain. The most common back injuries in car accidents are:
Bulging or Herniated Discs
The human spine has 23 discs. These discs are cushions that separate each vertebra and cover the spinal cord. Violent collisions in a car crash may damage one or more spinal discs, causing a bulge or herniation. Bulging disc injuries and herniated disc injuries press on the spinal cord and transmit intense pain to the legs and lower back.
Compression Fractures
Compression fractures occur in the lower and middle back (the lumbar and thoracic spine). These happen because the upper part of the body is thrown forward, and the seat belt restricts the lower body. Vertebrae pull apart and may cause fractures.
Compression fractures cause significant back pain that worsens as you move.
Spondylolisthesis
A stress fracture jerks a vertebrae out of position. This bone displacement presses on nerves. Spondylolisthesis symptoms are weakness, pain, or numbness in your legs.
However, symptoms may not appear for weeks or months after an accident. See a doctor immediately after the accident to check you for injuries. Early diagnosis can increase the size of your back injury settlement.
Soft Tissue Injuries
Tendons and ligaments around the spine may stretch and tear in an accident. You may suffer nerve damage, too.
Soft tissue damage symptoms include mild to severe back pain.
Spinal Cord Injuries
The most severe auto accident back injury is spinal cord damage. These injuries can range from cord bruising or pressure to permanent damage.
Severe spinal cord damage can cause partial or total paralysis. The injury victim may lose sensation in parts of the body or lose reflex functions. Spinal cord injury victims may have many complications, including infection, blood clots, bleeding, and pneumonia.
The National Spinal Cord Injury Statistical Center reports the average lifetime cost of a spinal cord injury to be $5 million for a victim who is 25 years old. The average first-year cost for a person with quadriplegia is $1.5 million.
What Is A Back Injury Claim Worth?
The amount of your back injury settlement depends on many factors. It’s impossible to accurately say an ‘average’ back injury settlement because every case differs. Generally, the more severe the injury and length of disability, the higher the value. That said, the following factors will influence your settlement:
- The severity of the back injury: A spinal cord injury is worth more than a ruptured disc. Similarly, a sprained back claim is worth less than a broken vertebrae claim. A back injury attorney can review your case today and discuss how the severity of the injury will affect the case value.
- The medical procedures needed now and later: A spinal cord injury will require hospitalization and surgery now and possibly later, driving up the case value. On the other hand, a sprained back claim that heals after a few doctor visits will have a lower value.
- Whether there is a disability: A paralysis injury will render you temporarily or permanently disabled, which means more care and rehabilitation expenses in the future.
- Your age: Generally, the younger you are, the higher the back injury claim value. This is because a younger person has more years of life and work in front of them than an older person. For example, suppose you are 30 years old and have a paralysis injury. You may have lost more than 30 years of work time, so your case may be worth more than if you were 65 and retired.
- Your education and income: People with more education and income usually have a higher case value than someone who didn’t finish high school. This is because they have a higher-paying job and more lost income.
- Whether you can work and when: A severe back injury may leave you permanently disabled and unable to work. You can be entitled not just to lost income but also to lost earning capacity in the future.
- Amount of insurance: The compensation received usually depends on available insurance coverage. A personal car accident policy may have limited liability coverage, while a commercial policy for a trucking company will have much more.
- The degree of pain, suffering, and mental anguish: A severe back injury, such as paralysis, will have a much higher degree of pain, suffering, and anguish than a less severe injury.
Talk to a personal injury lawyer today if you have questions about a potential back injury claim. They can provide a rough case value based on their experience, but remember, your case can be worth much more or less.
Does Your Length of Treatment Affect Your Back Injury Settlement Amount?
Yes. As the length of your back treatment increases, so does the value of your case. Someone treated for six months has a stronger case than someone who gets treatment for four weeks.
Also, surgery enhances the case value for settlement purposes. Back surgery can quickly multiply the settlement of a lower back pain lawsuit.
The auto insurance company may claim that the back injury is unrelated to the car accident. A common argument is that you could have prevented your injury if you had lost weight.
When Does Your Length of Treatment Least Affect Your Back Injury Settlement?
Your length of treatment would have the least effect on the back injury case if the cars were undamaged. This is because the auto insurance company will claim the car accident did not cause your back injury.
Will Steroid Injections Boost The Value Of Your Lower Back Injury Settlement?
Yes. Receiving steroid injections to your lower back will boost the amount of your settlement. But you must prove the other driver was careless. Your doctor must state that the car accident led to your lower back injury.
Will a Herniated Disc Boost The Value of Your Lower Back Injury Settlement?
Yes. But you must prove that the auto accident caused your herniated disc. A bulging or herniated disc surgery will increase the claim’s value even more.
Do Some Auto Insurance Companies Pay More On Back Injury Claims?
Yes. Some auto insurance companies are known to pay more for lower back injury claims. Companies like Hartford and USAA may pay more for back injury claims than Liberty Mutual and others.
Will Getting Surgery Increase My Back Injury Car Settlement?
It may. Most personal injury lawyers know surgery is a significant factor in lawsuits.
One notable attorney claims that 94 percent of his biggest settlements involved surgery. A typical back injury settlement without surgery may cost tens of thousands of dollars, but a settlement, when needed, is often much higher.
Surgeries involve lengthy hospital stays, rehabilitation, risk of infection, and complications. They also require more doctors, surgeons, and other medical professionals to care for you.
What Will Decrease The Value Of My Back Injury Settlement?
Some defenses and factors can reduce the value of your back injury settlement. For instance, if you bear part of the blame for the car accident, the portion of fault attributed to you will lower the claim. You may receive nothing for your claim in a few states if the accident was 1 percent your fault (Virginia is one of them).
Also, you must follow your physician’s orders after the car accident. Following your doctor’s treatment plan for your back injury will reduce your settlement.
The insurance company will claim that your injuries and pain would be less if you followed the doctor’s orders. Don’t throw money away! Always follow your doctor’s treatment plan.
How Hard Is It To Prove A Back Injury?
It’s more difficult to prove some back injuries than others. For example, back sprains and whiplash are more challenging to prove to the insurance adjuster because these soft tissue injuries cannot be confirmed on an X-ray. The diagnosis of a soft tissue injury is based only on physical examination. However, some serious back injuries, such as spinal cord injuries and ruptured discs, can be easily proven with an X-ray or MRI.
Can You Still Get Compensation With A Preexisting Injury?
Yes. You can still win a back injury claim with a preexisting back injury. However, this factor might reduce your compensation if the jury or insurance company thinks some part of your pain is related to the earlier injury. A skilled back injury lawyer will persuasively argue that your pain and medical bills are related to the accident injury and not your preexisting condition.
Why You Should Never Underestimate An Accident Back Injury
A severe accident may make you think of blood and broken bones. However, not every car accident injury is apparent. Back injuries can be grave and not evident to the naked eye. Get medical attention after an accident to identify any injuries.
You can have a severe back injury and not know for days. A violent rear-end or head-on car crash can easily damage the delicate nerves, bones, ligaments, and tendons in your back.
The ability to sit, walk, lift things, and engage in daily activities is easy to take for granted. A significant back injury can prevent you from living life and engaging in activities you love. Even taking a shower or dressing can be agony. You may need help from your family to live after a back injury.
If you like to run, walk, swim, play tennis or golf, you may never be able to again with a back injury. Even cooking dinner alone can be impossible because you cannot bend over or reach for things.
Always seek prompt medical attention after an accident, especially if you suspect a back or neck injury. Getting fast medical care also helps you to prove to the insurance company that you suffered an injury. Waiting for care can lead to the insurance adjuster questioning your injury.
What Can A Personal Injury Attorney Do?
A severe back injury caused by another person can leave tremendous wreckage behind in terms of medical bills, pain, lost income, and a disrupted life. With such high financial and emotional costs, you should have a back injury attorney handle your case. Your attorney will do the following:
- Prove fault: You must prove another party caused the accident to receive compensation. Your attorney will review the accident evidence and build the most persuasive argument that another party injured you.
- Estimate damages: Your personal injury lawyer will work with your medical staff to determine how much compensation you should receive.
- Negotiate: Your personal injury attorney will negotiate with the insurance company for the fairest settlement.
- Go to trial: Most claims end with a settlement, but your attorney will prepare your case for trial if settlement negotiations fail.
Get a Personal Injury Lawyer Skilled in Back Injury Accident Settlements
Did you suffer a back injury in a car accident or other mishap caused by another person? You can be eligible for compensation for your medical bills, lost earnings, and pain and suffering. You can find an experienced personal injury attorney in your area to help with your back injury claim. A back injury attorney will not charge you out-of-pocket legal costs; you only pay at the end of the case if you receive compensation. You don’t pay anything unless you win your case.
