Back and neck injuries are two of the most common injuries drivers and passengers suffer in car crashes. Since these injuries can significantly affect your life and are difficult and costly to treat, securing a fair settlement that covers all your damages is essential.
While there is no single average settlement for car accident back and neck injury, the following are just a few examples of settlements Grossman Law Offices has secured for our clients:
- $875,000 for a back injury—plaintiff’s injury required spinal fusion surgery after an 18-wheeler rear-ended her car;
- $750,000 for a back injury— another truck driver rear-ended the plaintiff’s 18-wheeler, and, although the plaintiff’s injuries weren’t initially taken seriously, we arranged further medical treatment that determined the client needed major back surgery to alleviate his symptoms;
- $530,000 for a back injury—plaintiff suffered a back injury resulting in spinal fusion surgery after cargo from an 18-wheeler fell on him; and
- $350,000 for a neck injury—plaintiff sustained a serious neck injury when an 18-wheeler rear-ended his vehicle in a construction zone.
Grossman Law Offices can help you get your life back on track if you suffered neck or back injuries in a car accident. Our award-winning lawyers understand Texas car accident law, and our results prove it. We know you’re going through a challenging time, and we want to put our decades of experience to work for you. Our team prides itself on treating clients with the utmost respect. We make it a point to listen and never lose sight of our mission—fighting tirelessly for the settlement you need and deserve.
What Is the Average Settlement for Car Accident Back and Neck Injury?
Car crashes are the leading cause of spinal injuries. U.S. hospitals treat approximately 869,000 traffic crash-related cervical spine injuries annually. But every neck and back injury case is different. While there is no average neck and back injury settlement, as a rule of thumb, the more an injury costs to treat and the more likely it is to affect your life, the more compensation you’re likely to receive.
Overall, the four most significant factors that affect a settlement are:
- The extent and severity of your injuries,
- The amount of fault assigned to you,
- The amount of fault assigned to the other party, and
- The amount of insurance coverage available.
Your attorney's ability to negotiate maximum compensation will also affect your payout. Insurance companies are notorious for trying to claim that your back or neck injuries were pre-existing or that you were at fault for your accident to avoid or reduce your claim. Having a skilled personal injury attorney who isn’t intimidated by insurance company tactics and who will fight tooth and nail to get the compensation you’re entitled to can make all the difference.
How Do You Calculate a Settlement in a Car Accident Case?
The only way that an insurance company or civil court can award damages is by assigning them a monetary value. Since some of your damages will be easier to calculate than others, insurers and courts take several factors into account. Aside from the four most common factors that affect a settlement, the following are common considerations when determining a settlement figure:
- Your total medical bills;
- Your total lost wages;
- How your injury affects your overall quality of life;
- Whether you suffered a permanent disability;
- Whether your injury results in long-term pain and suffering;
- Whether your injury prevents you from returning to work;
- The extent of your property damage;
- The strength of your case based on all the available facts and evidence; and
- If you go to trial, how much the jury or judge empathizes with you and your situation.
Be sure to save your medical bills, repair invoices, pay stubs, pharmacy receipts, and any other documentation that shows how much money you’ve spent or lost because of your injury. At Grossman Law Offices, our attorneys will gather police reports, witness statements, traffic surveillance footage, and doctor reports to prove liability and build a strong case. We know how insurance companies operate, and we will work tirelessly to ensure they understand the full extent and value of your injury and damages.
How Much Compensation Will I Receive?
Typically, neck and back injury damages consist of compensatory damages, which compensate you for economic and noneconomic harms. A court can also impose punitive damages, known as exemplary damages in Texas, but those awards are rare. Economic damages compensate victims for actual economic and financial losses. Noneconomic damages are awards for harms like pain and suffering that are harder to put a price tag on. Courts only award exemplary damages if a victim can prove clearly and convincingly that their injury resulted from fraud, malice, or gross negligence.
In all cases, the most common types of damages available to accident victims include:
- Compensation for medical bills, including hospital bills, doctor visits, physical therapy, long-term care, and other medical treatments;
- Compensation for lost wages;
- Compensation for permanent disability;
- Compensation for property damages if the accident damaged your car or other personal property;
- Compensation for pain and suffering, including the physical and emotional pain you experienced because of the accident;
- Compensation for loss of consortium if the accident affected your relationship with your spouse.
A personal injury attorney at Grossman Law Offices can help you obtain these damages and reach a fair settlement with the insurance company. And we can go to court if an insurer refuses to offer the settlement you deserve.
Grossman Law Offices Can Help
At Grossman Law Offices, we’ve helped thousands of clients get their lives back on track after a neck or back injury. If you’ve been injured, our compassionate attorneys can answer your questions, thoroughly investigate your case, and work with the insurance company to secure the settlement you’re entitled to. You can rest assured knowing we prepare every claim as though it will go to trial so that if it doesn’t settle, we're ready to fight for you. Contact us today for a free consultation.