Lower Back Pain Car Accident Settlement

Lower back pain after a car accident is a common symptom of ligament damage, pinched nerve, or lumbar strain. Further, lower back pain is sometimes a symptom of more severe injury like a herniated disc or spinal fracture. If you or a loved one have been injured in a car accident with back injuries, you might be entitled for a lower back pain car accident settlement compensation.

Personal injury law allows an injured victim to obtain compensation from the at-fault party. Understanding the average settlement value can help you make financial plans for compensation.

Consult a trusted car accident attorney in New York to learn how you can protect your right to compensation.

Average Lower Back Pain Car Accident Settlement

Estimating the average settlement value for lower back pain is difficult since each case is unique and depends on applicable facts and circumstances. Most of the cases back pain injuries come with neck injuries as well. 

The Barnes Firm understands the impact car accidents have on victims and their families. In this overview, we present a list of car accident settlement examples from our successful cases, illustrating the range and depth of compensation achieved. These examples highlight our commitment to advocating for our clients’ rights and securing the financial support they deserve.

• $2,700,000.00 Rear-End Collision Client was rear-ended sustaining neck and back injuries.
• $1,675,000.00 – Client was struck by a driver illegally changing lanes – sustaining neck and back injuries.
• $1,500,000.00 – Client was in a parked vehicle when struck by another vehicle resulting in neck and back injuries.
• $250,000.00 – Client was rear-ended – sustaining neck and back injuries.
• $250,000.00 – Client was hit by vehicle making an illegal left turn resulting in neck and back injuries.
• $235,000.00 – Client struck by vehicle making a left turn causing neck and back injuries.
• $120,000.00 – Client struck by vehicle making a left turn causing neck and back injuries.
• $115,000.00 – Client was rear-ended – sustaining neck and back injuries.
• $100,000.00 – Client struck vehicle making left turn sustaining neck and back injuries.
• $100,000.00 – Client struck by vehicle veering – sustaining neck and back injuries.
• $100,000.00 – Client was rear-ended sustaining neck and back injuries.

Disclaimer: each case is unique, and past results do not guarantee or predict future outcomes. Settlement amounts can vary based on individual circumstances and legal factors (Read more on What Affects the Average Settlement for Back and Neck Injuries in Car Accidents?).

What Affects the Average Settlement for Back and Neck Injuries in Car Accidents?

Here’s a list of factors that affect the value of settlement.

Severity and Nature of Your Injury

The severity and nature of the injury play a substantial role in determining the value of a back and neck injury settlement. Generally, the more severe the injury, the higher the settlement value.

A car accident victim who sustained a fractured cervical spine is likely to receive a higher settlement value than someone with a stiff neck muscle. The severe neck injury requires an extensive treatment plan, which necessitates a larger settlement amount.

For instance, the treatment plan depends on the damaged cervical vertebrae and sustained fracture. The treatment plan for a minor fracture can last 6 to 8 weeks until the bone heals. It takes between 2 and 3 months to treat a severe fracture using a rigid cast or a combination of treatment methods.

A higher settlement value considers lost wages, medical expenses, days of missed work, and pain and suffering.

Ongoing Medical Care

Depending on the severity of an injury, the treatment plan can take several months or years for a victim to obtain full recovery. Ongoing medical treatment considers the active treatment plans and other potential procedures applicable to the victim.

For instance, some back injuries require physical therapy, surgical procedures, or implantation of nerve stimulators. The court must consider future medical expenses when deciding on an ideal settlement value.

Lost Wages and Loss of Earning Capacity

After you sustain a back or neck injury, it’s unlikely you’ll return to work right away for a severe injury. It is common for neck and back injury victims to miss work because of reduced productivity during recovery.

That’s why New York injury law allows victims to recover the amount of money they would have made if they had been present at work. Lost wages cover hourly wages, overtime, sick days, vacation days, perks, and tips.

A back and neck injury victim is entitled to loss of earning capacity damages if the physical harm reduces their gainful income. Suppose a commercial truck driver sustained lower back pain that prevented them from completing a day shift. In that case, they deserve loss of earning capacity damages for the reduced earnings.

Lost wages and loss of earning capacity increase the chances of obtaining a higher settlement value.

Pain and Suffering

Pain and suffering refer to the mental and physical discomfort you endure when harmed due to negligence or someone else’s intentional wrongdoing.

Neck and back injuries often trigger chronic pain that persists days and months after the incident. Alternatively, the events leading to the car accident might have been traumatic, leading to the following symptoms:

• Anger
• Grief
• Anxiety
• Depression
• Post-traumatic Stress Disorder

Any negative emotion from the car accident may be considered a source of pain and suffering.

If you pursue a car accident claim in court or negotiate a settlement, you can obtain pain and suffering damages. Victims who endured physical pain or mental anguish may have a case for a higher settlement value.

Insurance Policy Limitations

Most car accident victims obtain compensation from the insurer of the at-fault party. Even so, the ability to recover compensation is affected by numerous factors, including insurance policy limits.

If the at-fault party has minimum insurance coverage, your ability to recover compensation is limited. A car accident victim can file a lawsuit seeking a court order which compels the liable party to pay damages using their income or assets.

How to Establish Severity in Your Back and Neck Injury

The repercussions of a back injury are prolonged, often hindering one’s ability to perform daily tasks. Establishing the severity of one’s neck or back injury is a crucial factor in obtaining a fair settlement value for one’s losses.

In addition to providing evidence for your back injury, you should take a few steps. First, you should alert the local police department about the accident, which often generates a police crash report.

Most importantly, you should seek immediate medical attention after the accident to get a professional assessment of your injury. You can rely on the medical report as a critical source of evidence for your claim.

Here are additional sources of documentation to establish the severity of your neck or back injury:

• Witness Statements: If bystanders witnessed the accident, their accounts could support your version of events.  Obtain a written statement as events of the day are still fresh in their mind.
• Symptom Diary: Keep note of your symptoms, medical appointments, and treatment plan. The diary will help document the extent and impact of your injury.
• Independent Medical Examination: You could rely on the input of an independent medical examiner to provide an unbiased opinion of the injury. The report can objectively assess the injury’s severity and its link to the car accident.

Speak With a New York Car Accident Lawyer

Lower back pain treatment is expensive and involves nerve studies, blood tests, medications, physical therapy, surgery, and muscle relaxants. It can last for months and affect productivity and quality of life.

You, therefore, deserve representation from an experienced attorney who’ll aggressively fight for your right to compensation.

The Barnes Firm has highly experienced attorneys ready to represent you. Contact us online or at (800) 800-0000 for a free case evaluation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes