The aftermath of car accidents is a harsh reality that countless individuals across the United States face each year. In fact, according to estimates from the National Highway Traffic Safety Administration (NHTSA), nearly 300,000 individuals were injured in car accidents in a recent year.

In a collision, the body is abruptly jolted forward and then backward, causing a rapid movement of the neck and spine. This sudden motion can strain the muscles, ligaments, and tendons in the neck and back, leading to conditions like whiplash, muscle strains, and herniated discs.

Even at low speeds, auto accidents can result in neck and back injuries that cause daily discomfort and significantly affect your ability to move normally and without pain. Recovery and returning to a sense of normalcy often requires hours of treatment, extensive therapy, and, in some cases, surgery.

Unfortunately, insurance companies commonly view back and neck injuries with a heavy dose of skepticism and may argue that these injuries are exaggerated or pre-existing. This can lower the perceived value of your settlement and make it more challenging to receive the full compensation you deserve for your injuries.

If you were injured in a car accident caused by another driver’s negligence, it’s essential to consult with an experienced New York City car accident attorney who can gather all necessary evidence and work with experts to prove the extent of your injuries and their direct correlation to the accident. Before pursuing an auto accident lawsuit for back or neck injuries, it is also helpful to understand why settlements are calculated the way they are and the elements that can affect the amount you receive.

Getting started with your case is straightforward. Schedule your free, no-obligation consultations with a trusted car accident lawyer today.

What Key Factors Impact the Value of Your Neck or Back Injury Settlement?

Following an auto accident that wasn’t your fault, it’s natural to wonder about the potential value of your case. While it’s impossible to know exactly how much compensation you will receive, a seasoned car accident attorney can review several key factors that will influence what you can expect to walk away with and build a strong case to secure the full value of your damages.

Car accident settlements for neck and back injuries can vary widely and depend on multiple factors, including:

Severity of Injuries

The nature and severity of your neck or back injury are primary considerations in calculating the potential value of your accident case. Injuries to the neck and back can range in severity from mild muscle strains to serious spinal cord injuries. Generally, more severe injuries and those with life-altering consequences typically result in higher settlements due to the extensive medical costs, loss of income during recovery, and the considerable pain and suffering endured by the injured person.

Thus, soft tissue injuries such as tendon strains that may only require rest and an ice pack might result in a smaller settlement award. Conversely, a more serious injury, such as a herniated disc that requires extensive care, can lead to significantly higher compensation.

Medical Treatment Costs 

A significant factor in calculating the value of any accident settlement is the cost of all medical care and treatment. This includes surgeries, emergency room visits, hospital stays, medications, physical therapy, and any ongoing care. To ensure all anticipated expenses are addressed, future medical expenses, including ongoing treatment and rehabilitation, are also considered in the settlement.

It’s essential to keep accurate and comprehensive documentation of all medical bills and expenses to ensure no costs are overlooked when calculating your settlement. Typically, cases involving serious or permanent injuries that require extensive medical attention and a longer recovery period tend to result in higher settlement awards. If your injury results in permanent disability or impairment, such as paralysis, loss of limb function, or chronic pain, the value of your settlement may be higher to account for the long-lasting effects on your quality of life and earning potential.

Liability and Fault 

The key to a successful personal injury claim is proving that the other party’s negligence was the direct cause of your injuries and resulting damages. Determining who is at fault is relatively straightforward in some car accident cases. For example, drivers are legally required to maintain a safe distance from the vehicle in front of them.

When a driver fails to do so and strikes your car from behind, they will likely be considered responsible for the accident and resulting injuries. Additionally, liability in accidents involving a driver who is under the influence of drugs or alcohol is generally uncontested. Unfortunately, establishing liability in most car accident cases is far more complicated than many accident victims realize.

To successfully prove fault in an auto accident claim, your attorney will need to gather evidence and interview witnesses to establish the following four elements of negligence:

• Duty of Care: The responsible driver had a duty to drive safely and follow all traffic laws to avoid putting others on the road at risk.
• Breach of Duty: The driver failed to uphold this duty by engaging in reckless behavior such as distracted driving, speeding, or running a red light.
• Causation: This breach directly caused the collision and any resulting injuries.
• Damages: The accident caused the victim to suffer actual damages such as medical expenses, lost earnings, property damage, and pain and suffering.

Our car accident lawyers understand the nuances of negligence law and can negotiate with insurance companies and representing your interests in court if necessary. Let us put our extensive experience and resources to work for you so you can get your life back on track.

Legal Representation 

Even with a strong personal injury case, the skills and qualifications of your attorney can impact negotiations and, ultimately, how much compensation you receive for your back or neck injury. Before deciding on an attorney, you should make sure they understand how to present a compelling case, have extensive experience negotiating with insurance companies, and can advocate for a fair settlement that adequately compensates you for your injuries and associated costs.

Insurance companies are notorious for trying to minimize payments by approaching victims with initial lowball settlement offers. A car accident lawyer can often secure higher settlement awards for their clients by leveraging their negotiation skills and being fully prepared to take the case to court if a fair agreement cannot be reached. Ultimately, without proper legal guidance, you risk missing important deadlines and making mistakes that can undermine the true value of your case.

With so many variables to consider, working with a qualified attorney who can skillfully negotiate with insurance companies and take your case to court if necessary is essential. They will be your trusted advocate through every step of the legal process, increasing your chances of a successful outcome.

Common Neck and Back Injuries in Auto Accidents

Neck and back injuries are some of the most common and debilitating types of injuries sustained in auto accidents. The force of a collision can cause damage to the spine, muscles, and ligaments, leading to long-lasting pain and discomfort.

Victims of these injuries often struggle with the physical and emotional toll of the recovery process, as it can be lengthy and exhausting. Understanding the different types of neck and back injuries that can result from auto accidents is essential for victims to take the right steps toward recovery and make informed decisions about their medical treatment options.

Here are some of the most common injuries to the neck and back that a motor vehicle collision can cause:

Spinal Cord Injuries 

Injuries to the spinal cord can vary significantly in type and severity. More severe spinal cord injuries, like spinal fractures, can cause paralysis or weakness, uncontrolled muscle spasms, and loss of control of the bowels.

While spinal cord injuries are less common in auto accidents, they are among the most severe back injuries that require costly and long-term medical care. Additionally, due to their potentially life-altering severity, cases involving spinal cord injuries are among the most valuable, with the highest payouts.

Cervical Neck Sprain (Whiplash) 

Cervical neck sprain, commonly referred to as whiplash, is one of the most common types of injuries in auto accidents. Whiplash happens when the head is violently rocked backward and forward on vehicle impact, causing damage to muscles and ligaments in the neck. Symptoms of whiplash may range from mild discomfort to debilitating neck pain and stiffness.

Even if you don’t think you were badly injured, symptoms of injuries like whiplash may not present themselves for days or even weeks after your accident. Being proactive and seeking medical attention as soon as possible can save you from additional health issues in the future and help protect your legal right to recover the full compensation you deserve. When it comes to neck and back injuries, whiplash is often valued at the lower end of the settlement scale as it tends to result in less permanent damage.

Herniated, Slipped, and Bulging Disc Injuries 

The intervertebral discs in your cervical spine are soft, jelly-filled structures that act as shock absorbers, cushioning the stacked bones of the spine (vertebrae) during movement. The force of the impact during a crash can cause these discs to slip, rupture, herniate, or bulge. When a spinal disc ruptures or slips out, it may compress the surrounding nerves and cause pain or movement problems.

A bulge or rupture happens when the jelly-like material inside the disc pushes outward, crowding the vertebrae and putting pressure on the nerves. Herniated disc injuries happen when the cushioning discs between vertebrae rupture or bulge, causing pain in the neck or arms, as well as numbness from the injury itself. These types of injuries are frequently seen in side-impact crashes, where the lateral force of the impact can cause the cervical spine to undergo sudden and extreme stress.

Dealing with herniated discs can be incredibly painful, and in some cases, it can result in permanent nerve damage. The settlement value for herniated disc injuries will often be influenced by the severity of the victim’s injury and the type of treatment required, including any surgeries, ongoing therapy, and the need for additional medical interventions.

If someone suffers an injury in a car accident and the other driver is responsible, the injured person is entitled to seek financial compensation for various types of damages resulting from the crash. The type and amount of damages an accident victim receives in a settlement check for a neck or back injury can vary greatly and typically depends on the unique circumstances of each case.

While minor injuries may result in smaller settlements, cases involving severe injuries and extensive pain and suffering often lead to much higher payouts. A knowledgeable car accident attorney can assess the potential value of your case and explain your legal options for pursuing compensation.

Find Out How a Car Accident Lawyer Can Help with Your Neck and Back Injury Settlement

Never underestimate a neck or back injury following a car accident. Get medical treatment and then consult a car accident attorney about your options. They can assess how much compensation you need to move forward and determine which insurance companies should cover it. Seek your free consultation today.