Back Injury Car Accident Settlement Amounts
In New York, the average settlement for neck and back injuries is $8.6 million, with a median settlement amount of $3 million. This data suggests that New York surpasses other states in securing higher average settlements for neck and back injuries.
Furthermore, other studies also show that the average car accident settlement involving back and neck injury ranges from $100,000 to $500,000. However, the final settlement amount depends on the seriousness of your injuries, especially when you require extensive medical treatment and ongoing rehabilitation.
Neck and back injuries rank among the significant consequences of motor vehicle accidents. Hospitals witness around 869,000 cervical spine injuries resulting from car crashes annually. These injuries can significantly impact your life and may lead to increased medical expenses and permanent disability.
What Are the Neck and Back Injury Settlement Damages in New York?
If you’ve experienced a car accident in New York, you should immediately seek compensation for your injuries. You can recover various types of damages, such as:
- Medical Expenses: These include your current medical bills, past medical expenses, and future treatment costs.
- Rehabilitation Costs: If serious injuries require rehabilitation, these expenses are recoverable.
- Long-term Care: In cases where ongoing care is required, you can seek compensation for the associated costs.
- Lost Wages: If your injuries have affected your job, you can claim the lost wages.
- Loss of Future Earnings: You can claim the loss of future earnings due to your back and neck injury.
- Permanent Disability: When your injuries result in permanent disability, you are entitled to compensation to address the lifelong challenges it may bring.
- Pain and Suffering: Neck or back injury can lead to depression, anxiety, and PSTD. The sudden loss of mobility, body functions, and independence experienced by back injuries has a profound effect on your mental health. According to a study published in Frontiers in Surgery, 48.5% out of 443 spinal cord injury patients suffered from mental health disorders.
- Loss of Companionship: You can pursue the damages for loss of companionship if an accident harms your relationship with your partner.
What Is the Average Settlement Amount for Neck or Back Injury?
Car accident settlements depend on various factors and laws, with different types of injuries resulting in varying compensations. The national average settlement amount for back injuries is $834,686, but whiplash cases typically settle around $10,000.
However, the average settlement value can significantly increase with additional treatments and more severe injuries. For instance, catastrophic injuries, such as vertebrae or spinal cord damage, have settlements ranging from $100,000 to $1000,000.
What Is the Statute of Limitations for Back Injury Settlements?
The statute of limitations is a timeframe establishing the maximum time for parties to initiate a lawsuit following an injury. In New York, the statute of limitations can vary depending on the claim. However, it typically allows a three-year window starting from the occurrence or diagnosis of your injuries. Once this period has passed, you lose the legal right to file a car accident lawsuit.
What Impacts the Neck or Back Injury Settlement in New York?
You can consider several factors to determine the value of your neck and back injury claim, such as:
1. The Nature and Severity of Your Injury
The amount of compensation you can receive for your injury depends on the severity and nature of the injury. For instance, neck injuries can result in higher compensation due to the significant medical costs, pain, and suffering involved. To determine the settlement amount, the extent of back and neck injuries is assessed. This accounts for your previous and future medical bills, therapy costs, and other devices required for recovery.
Minor injuries like muscle or tendon strains are treated with simple steps like rest, ice packs, compression, and elevation. But, if you suffer a severe injury like a spinal cord injury, you will need extensive medical care. This can be expensive, with an average cost of $142,366 for acute care.
For ongoing medical treatment after a spinal cord injury, the cost could range from $32,240 to $1,156,400 for the first year. And $4,490 to $251,450 for subsequent years. To aid mobility, adaptive devices such as walkers, leg braces, or wheelchairs can be used. If you have tetraplegia, which is paralysis in your upper and lower body, you will require adaptive devices to use your phone, type, or write.
If you have any suspicion of a spinal cord injury after a car accident, it’s essential to seek prompt medical attention. You may require surgery to remove any fractured bone fragments and herniated discs to prevent further damage to the spinal cord.
2. Strong Medical Records
Medical records are vital in determining the settlement value of back injury cases in New York. The severity of the injury and the extent of damages suffered determine the settlement value, which can range from minor to severe. Medical records like diagnostic imaging reports, treatment plans, progress notes, physician reports, and medical expenses can strengthen a back injury claim. Additionally, it provides objective evidence of the injury’s severity, treatment received, and impact on the injured person’s life.
Moreover, your doctors can act as witnesses and provide testimony to refute opposing claims from insurers. For example, the insurance company may claim that the injury was not severe.
In such cases, expert witness testimonies play a vital role as they connect the injuries to the motor vehicle accident. The back and neck injury treatment plan can also be discussed, including rehabilitation, physical therapy, and assistive devices.
3. Driver’s Liability
It is crucial to determine the liability of the other party involved in an accident. If their actions or negligence caused your injury, the jury may increase your settlement amount. However, in cases where you share some responsibility, the final compensation may be adjusted or reduced accordingly.
4. Insurance Policy Limits
If another driver causes an auto accident that results in a neck or back injury, their insurance company will be liable for the costs. The settlement will include property damage and treatment expenses.
However, insurance companies have a limit on how much they will pay in a settlement. The at-fault driver’s insurance policy limit often determines this amount.
In New York, the minimum liability insurance for bodily injury is $25,000 per car accident victim and $50,000 per accident. For instance, if the at-fault driver’s policy limit is $25,000, you can only recover up to that amount.
If the costs associated with a back injury exceed the at-fault driver’s policy limits, exploring other options for total compensation may be necessary.
You can submit a personal injury lawsuit against the responsible driver to recover additional damages. Therefore, always work with an experienced attorney who can provide guidance and support throughout the process. Also, the laws surrounding car accidents and insurance policy limits can be complex.
5. Lost Income Due to Back or Neck Injury
The amount of time you spend in the hospital can directly impact the income you lose during your recovery. This is particularly true for patients aged 18 and 60, who typically spend 10-13.5 days in the hospital.
If your injuries and rehabilitation prevent you from returning to work, it is essential to ensure that any settlement you receive considers your future earning potential. The compensation should match your potential lifetime earnings if you had not been injured.
6. Medical Journal Documenting Car Accident Injury
If you have been in a car accident that caused a back injury, documenting your journey can improve your chances of receiving a maximum settlement. One way to do this is to keep a medical journal that details your symptoms, treatments, and progress.
This can provide solid evidence of the extent of your injuries and their impact on your daily life, which your lawyer can use to negotiate the highest settlement with the insurance company. By documenting your journey, you can gain leverage in your back injury settlement case and increase your chances of receiving compensation.
7. Your Lawyer’s Negotiation Skills
Your choice of an experienced car accident attorney is essential in securing the best possible settlement. Insurance companies try to take maximum advantage of you and settle for less by claiming that the sustained injuries are not as severe as they seem. Personal injury lawyers can skillfully negotiate with insurance companies, combating tactics they may use to diminish your personal injury claim.
Moreover, insurance adjusters often provide quick settlements, which may appear to be a substantial amount for your injuries. However, this amount may not cover the expensive medical treatments required for back injury and other damages from the accident. It is essential to carefully evaluate the severity of your damages and not settle for an amount that may not fully compensate you for your losses.
At Uptown Injury Law, PLLC, our personal injury attorneys are well-versed in dealing with these complexities. We work with medical experts to provide evidence to the insurance company on how the accident worsened your pre-existing conditions or led to more injuries. In addition, the evidence we collect may include comprehensive documentation such as police reports, witness testimonies, traffic surveillance footage, and detailed medical reports.
Why You Should Seek a Back Injury Settlement After a Car Crash?
It’s a struggle to recover fully after a traumatic car accident case involving neck and back injuries. The persistent pain in the neck and back adds another layer of difficulty to the recovery process. However, seeking a settlement is the only opportunity to initiate legal action against the at-fault party, providing a pathway toward resolution and justice.
It is statistically proven that 95 percent of cases are settled before they go to trial. Settling may seem like a quicker and less stressful option, however, insurance companies often try to offer low compensation to minimize their costs. Therefore, seeking the assistance of a personal injury attorney who offers a “no win, no fee” policy can help you obtain the settlement you deserve.
What Are the Types of Back and Neck Injuries in Car Accidents?
Unfortunately, car accident cases can abruptly disrupt our lives, leading to severe and long-lasting neck and back pain or permanent injury. The types of injuries from a car crash include the following:
Spinal Cord Injuries
The spinal cord is a vast network of nerves that runs along the vertebrae in the spine. Any damage to the spine can have serious consequences. For instance, car accidents can cause damage to the back, leading to severe spinal cord injury. Individuals who experience spinal cord injuries may feel sensory problems, loss of strength, or even lose the ability to control their limbs. Spinal cord injuries due to car collisions cause dislocated vertebrae or broken vertebrae fragments due to the force they exert.
Neck Sprains (Whiplash Injury)
When a car is rear-ended, the sudden impact can result in soft tissue injuries in the neck that are commonly referred to as neck sprains or whiplash injuries. These injuries occur when the ligaments and muscles in the neck are stretched, which can result in severe neck pain. Other symptoms of this condition include a stiff neck, numbness in the hands or arms, dizziness, shoulder pain, and ringing in the ears. It is important to seek medical attention promptly to rule out more severe spinal cord injuries.
Other neck and back injuries in severe auto accident cases include:
- Herniated Disc
- Neck or vertebrae fractures
- Facet joint injuries
Understanding the nature and implications of these neck and back injuries is essential for your well-being and building a solid case for your back injury settlement. With the proper legal support and comprehensive medical documentation, you can seek compensation for all your medical expenses.
Claim Your Deserved Compensation With Uptown Injury Today!
Are you seeking a fair settlement for your back and neck injury in a New York car accident? Let us assist you. Our expert personal injury attorneys at Uptown Injury Law, PLLC, have a proven record of $100 million in settlements for clients with hundreds of 5-star reviews.
We believe that you deserve just compensation for your injuries. We work on a contingency basis, which means that our fees are contingent upon the successful outcome of your case. This means you don’t have to worry about paying any legal fees upfront. We only get paid when we win your case.
What Does a Neck Injury Settlement Include?
A neck injury settlement typically covers various conditions, such as spinal cord injuries, whiplash, and other back or neck injuries sustained in motor vehicle accidents. It includes compensation for medical treatment, lost income, pain and suffering, and rehabilitation costs.
How Does Personal Injury Protection (PIP) Help in a Car Accident?
Personal Injury Protection (PIP) is an insurance coverage that covers your medical expenses, including doctor visits, hospital stays, and rehabilitation, regardless of who was at fault. PIP can also provide partial coverage for lost wages, funeral expenses, and essential services if you cannot perform daily tasks.
Why Hire an Experienced Car Accident Attorney?
It is crucial to have the assistance of an experienced personal injury lawyer to file your back injury case. They have the knowledge and expertise to navigate the legal process, ensuring you receive fair compensation. Furthermore, they can deal with the insurance company, gather evidence, and represent your interests in court if necessary.
Can You Get Compensation for Physical Therapy?
Yes, you can seek compensation for physical therapy as part of your neck injury settlement. Physical therapy is often a crucial component of recovery after a spinal cord injury or other neck injuries. Your settlement can cover the costs of physical therapy sessions to aid your rehabilitation and improve your overall quality of life.
What Is the Compensation for a Car Accident Victim?
Car accident victims can seek compensation that covers various aspects, such as medical expenses, lost income, rehabilitation costs, and pain and suffering. The settlement amount can vary based on the circumstances and the physical injuries.
How to Handle Wrongful Death Cases After a Motor Vehicle Accident?
It is essential to hire a compassionate and experienced personal injury lawyer to handle wrongful death cases after a motor vehicle accident. The lawyer can help the surviving family members receive compensation for their loss, including funeral expenses, lost financial support, and emotional suffering.
Will the Settlement for an Auto Accident Compensate for PTSD?
Yes, post-traumatic stress disorder (PTSD) is covered in car accident settlements. If you have PTSD due to the accident, you can get compensated for therapy, treatment, and related losses. Get help from a lawyer to collect your medical records for PTSD in order to claim compensation for your damages.
When Should You Consider Hiring a Back Injury Attorney?
If you’ve suffered a back or neck injury due to an accident, not your fault, it’s advisable to consult with a car accident lawyer. They specialize in cases involving spinal injuries and can help you with the legal process to ensure you receive fair compensation for the incurred damages.