(914) 220-1086
If you’ve ever had a back injury, then you know firsthand how difficult it can make every aspect of your life, from working to sleeping to doing chores around the house. While many back injuries are simply the result of getting older, others are caused by traumatic events like motor vehicle accidents. In fact, according to the Centers for Disease Control and Prevention (CDC), sprains and strains of the neck and back are the leading primary diagnosis for emergency room visits after car accidents.
Even relatively minor back injuries can seriously impact your quality of life. More serious injuries – like a spinal cord injury – can be disabling. The settlement that you receive for back injury will be based on the severity of your injuries, your medical expenses, and how your injury impacts things like your ability to work. Our White Plains car accident attorneys will work hard to help you get the compensation that you deserve for your injuries.
At the Law Offices of Thomas L. Gallivan, we know how debilitating back injuries can be. We fight to help our clients get maximum compensation for their back injuries related to car accidents. Reach out today to schedule a free initial consultation with a White Plains personal injury attorney.
Average Settlement for a Back Injury After an Accident
The value of any personal injury claim is based on several factors. As such, there isn’t necessarily an “average” settlement for a back injury related to a car accident. Instead, the value of a claim will be based on the specific facts of your case.
The first factor that affects the value of your claim is the severity of your injuries. While soft tissue injuries can dramatically affect your life and cause severe pain, they typically won’t result in as large of a settlement as you might get for a spinal cord injury that causes paralysis. Generally, if you have more severe injuries, you will get a larger settlement.
Second, your medical costs will impact the value of your settlement – which is often linked to the severity of your injuries. If you need surgery, prescription drugs, physical therapy, and ongoing medical attention for your back injury, then your settlement will likely be higher than if you just needed to rest for a few weeks.
As noted above, insurance companies tend to use a formula to arrive at a settlement figure. This formula is based in part on your total economic damages, which includes medical expenses. The more medical care that you have received, the greater your settlement will likely be.
Third, your settlement will be based on how your back injury has affected your life. If you can’t work for months or can’t go back to your job because of a disability, then your settlement amount will be higher than a person who just missed a few days of work or who doesn’t have a permanent disability.
In addition, if you can’t perform daily activities without help, this will affect your settlement amount. Your quality of life is also important – and if it is diminished by your back injury, that will be factored into the settlement.
Fourth, your settlement will be affected by who is at fault for the accident. New York is a pure comparative negligence state, which means that you can still recover financial compensation even if you were somewhat to blame. Your total recovery will be reduced by the percentage of fault that a jury assigns to you – up to 99%.
Insurance companies will often contest liability, arguing that you were somehow responsible for the crash. Your car accident lawyer will put together evidence to show that the at-fault driver was fully liable for the crash – and will fight to make sure that you get fair compensation for your injuries.
While there is no such thing as an average settlement for a back injury claim, you can get a better understanding of the value of your case during a free initial consultation. Your personal injury attorney will listen to your story and give you a ballpark estimate of the value of your personal injury claim. They will then fight to make sure that you get a fair settlement for your accident.
Compensation in a Car Accident Case
In a personal injury case, an injury victim may be entitled to three kinds of compensation:
- Economic damages pay for direct financial losses, such as property damage, medical bills, lost wages, reduced earning capacity, and future medical expenses. These damages can be proven through documentation like medical records, pay stubs, estimates from car repair shops, and testimony from expert witnesses.
- Non-economic damages pay for intangible losses like pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.
- Punitive damages may be awarded in a case where the at-fault party acts negligently or recklessly (rather than negligently), such as in a drunk driving accident.
Any settlement for a traffic accident should include compensation for the injury victim’s full range of losses whether they have a relatively minor back sprain or a more serious spinal injury.
Unfortunately, many insurance companies try to resolve claims for as little money as possible – especially for back injuries. Insurers are often skeptical of back and neck injuries, particularly when there isn’t necessarily clear-cut objective medical evidence of the injury. This often occurs with soft tissue injuries, like sprains and strains, that aren’t always visible on tests like X-rays and MRIs.
Insurance companies base their settlement offers on a formula that assigns a multiplier to an accident. This number is then multiplied by the accident victim’s economic damages to arrive at a figure for noneconomic damages. Too often, this settlement offer doesn’t truly take into account the full scope of a person’s losses, including chronic pain that can last for months or years.
Both minor and severe injuries to the back can seriously affect a person’s quality of life. You might have trouble walking through the grocery store, cooking a meal, lifting up your child, or sitting at your desk throughout the workday. Any back injury settlement should encompass these losses – not just economic losses like medical expenses. It should also include money for future medical care.
Before an accident victim has a chance to consult with a lawyer, the at-fault driver’s insurance company may send their adjuster out to handle the case. They will often be prepared with a lowball settlement offer that doesn’t even come close to covering your losses – or even your medical bills. You should never talk to an insurance adjuster, give a statement, or sign any paperwork before consulting with a White Plains car accident attorney.
Remember: the insurance company does not have your best interests at heart. The best way to get a fair settlement for your injuries – and to make sure that you have enough money for future medical treatment like physical therapy and doctor’s visits – is by working with an experienced personal injury attorney.
Common Back Injuries in Car Accidents
Our necks and backs are a bit of a marvel, with bundles of nerves tucked inside of the spinal cord. Unfortunately, they are also vulnerable to injury – particularly when suddenly hit or jostled in an auto accident.
Many different types of back and neck injuries may be caused by car crashes. Some of the more common injuries include:
- Back sprain or strain: a strain is damage to the joint, tendons, or muscles of the spine, while a sprain involves torn ligaments. Both are considered soft tissue injuries and can cause significant pain and disability.
- Herniated disk: the bones in our spines are cushioned by rubbery disks. These disks can herniate, which occurs when the soft center pushes out through a tear. A blow to the back can cause a herniated disk.
- Cervical spondylolisthesis: this condition happens when one of the bones in the spine – the vertebrae – slips out of alignment. This can happen due to the force of an accident, such as in a rear-end collision.
- Pinched nerve: if the bones or tissues in your back are damaged, it can pinch or compress the nerves in your spinal cord.
- Whiplash: this injury occurs when a person’s neck moves back and forth quickly, damaging the muscles and ligaments in the neck.
While it isn’t as common, more serious motor vehicle accidents may cause spinal cord injuries. This may even include partial or total paralysis. These catastrophic injuries can lead to permanent disability.
Each person is different, and a back or neck injury from a car accident will affect them differently. In some cases, the symptoms of the injury may not appear immediately. If you have been involved in a traffic accident, you should seek medical attention immediately to get a diagnosis and treatment for your injury.
Will I Have to Take My Back Injury Claim to Court?
In New York, personal injury claims are subject to a 3-year statute of limitations. It may be necessary to file a personal injury lawsuit to protect your legal rights, as any case filed after the statute of limitations will be dismissed. However, even if a lawsuit is filed, the chances of it going to trial are low.
At the Law Offices of Thomas L. Gallivan, we have expertise in negotiating high-value settlements for our clients. Reach out today to talk to a New York auto accident attorney about your case.
The Insurance Company Is Offering Me a Settlement. Should I Take It?
If you were hurt in a car accident, you should not accept a settlement from an insurer until you have had a chance to talk to a personal injury lawyer. This is particularly true in cases involving back issues, as you may have a permanent injury and require ongoing treatment for months or years. If you accept a settlement offer, you may be left without enough money to cover your expenses.
The car accident attorneys of the Law Offices of Thomas L. Gallivan understand that early settlements aren’t always the most advantageous for our clients. We will work hard to help you get maximum compensation for your back injury. Contact us to schedule a free initial consultation.
How Our Law Firm Can Help
Any type of trauma to the back or neck – such as in a motor vehicle accident – can cause serious injuries ranging from a sprain to compression fractures to spinal cord damage. In a personal injury claim, you can seek money for your losses. You can count on our personal injury lawyers to get you maximum compensation for your injuries.
The Law Offices of Thomas L. Gallivan represent accident victims throughout New York who have suffered all types of injuries, including back and neck injuries. We handle all personal injury claims on a contingency fee basis, which means you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a White Plains car accident attorney, call our law firm at 914-220-1086 or fill out our online contact form.
Related: Is NY a No-Fault Accident State?
