If you are in a car accident and suffer an injury to your neck or back, you may be left needing significant medical treatment and losing time at work.
If another driver hits you, you may recover compensation for your injuries. If you or a family member has suffered from a neck or back injury, your best option for getting the money that you need to recover is to hire an experienced neck and back car accident attorney.
An experienced back and neck injury attorney can ensure you receive every dollar you deserve. To understand the value of your case, contact a neck and accident attorney in your area. Continue reading to learn more about the average settlement for car accident neck and back injuries. For more information, reach out to a car accident lawyer.
Common Types of Neck Injuries
If you suffer from a neck injury, you may deal with some of the following symptoms:
- Trouble breathing
- Tenderness or weakness in the area
- Pain that travels from your neck to your shoulders and down the spine
- Stiff neck or loss of range of motion in the neck
Some common types of neck injuries include:
Whiplash
Whiplash happens when an accident quickly forces your neck forward and violently backward. Whiplash can cause months of severe pain.
Fractured Cervical Spine
A fractured cervical spine is a broken neck. A fractured cervical spine is a serious condition that may cause paralysis, a serious and permanent condition. Treating a broken neck may require surgery or other invasive and expensive treatments.
Stiff Muscles and Tendons
A car accident may cause stiff muscles and tendons. If you suffer from stiffness in your neck after an accident, you may need treatment, including physical therapy.
Spinal Fractures
Spinal fractures are among the most devastating injuries affecting the neck. A spinal fracture may cause you to lose range of motion in your neck, and you may suffer from headaches, lose the ability to sleep, and become paralyzed. Some patients require surgery and long-term care (like physical therapy) to recover completely from the injury.
Pinched Nerves
Too much pressure on a nerve causes a pinched nerve in your neck. A pinched nerve can affect your entire body. This condition is likely to resolve quickly, but some patients require surgery to get back to normal.
Common Types of Back Injuries
If you suffered a back injury in a car accident, you might suffer from:
- Pain that worsens with movement
- Bruises, swelling, and muscle spasms
- Difficulty or inability to stand or sit without pain
- Pain and tenderness back may be sore to the touch
- Pain that radiates down one or both legs
Some common types of back injuries include:
Herniated Disc
A herniated disc is an injury to the discs in the back. The condition stems from trauma to the back. A person with a herniated disc may also suffer from nerve damage that leads to numbness throughout the body. It may take years to recover fully from a herniated disc.
Fractured Vertebra
A fractured vertebra can greatly change how you live your life. A fractured vertebra involves spinal trauma due to an impact great enough to crack the spine. The effect of this kind of injury can range from a change in posture to paralysis. A patient who suffered a fractured vertebra may also have chronic pain after the injury.
Sprains and Strains
Sprains and strains are some of the most common types of back injuries. These injuries can be temporary and minor or permanent. The medical treatment someone requires for a sprained or strained muscle can vary greatly. However, no matter what treatment you need, an experienced accident attorney can help ensure you get the money you need to recover from sprain and strain injuries.
What Factors Affect the Value of My Case?
Many things can increase the value of your car accident neck and back case. While there is no way to predict the final dollar amount for your case, the following factors may affect the overall value of your case:
Medical Bills
After a car accident, you should make sure that you are seen by a doctor immediately. It is important to get treatment quickly after a car accident so that you do not risk creating doubt about the cause of the accident. The more time that passes between the moment of impact and when you get medical treatment, the stronger the insurance company’s argument against the cause.
The greater your medical bills are, the more your case is worth. The party that caused the accident is responsible for paying for your injuries. An injured party may be entitled to payment for current and future medical bills for the injuries sustained in the car accident.
Lost Wages
If the neck and back injuries you sustained in a car accident caused you to lose time at work, you might be entitled to compensation for your lost wages. You can recover financially for your current lost income and future lost wages. Lost earning capacity damages may also be available if you can return to work but cannot work at the rate or in the same industry as you did before the accident.
Insurance
Most accident victims receive payment from an insurance company for damages due to an accident. If the at-fault driver has insurance coverage and your case can settle out of court, you will receive a settlement check from their insurance company. However, there are some instances where even if the at-fault driver has insurance, their policy limits are not large enough to cover your damages.
If the at-fault driver does not have sufficient insurance coverage to cover your damages, they are underinsured. If that is the case, you may have to file a claim with your insurance company to tap into your underinsured motorist policy. You might file a claim with your uninsured motorist policy if the other driver is uninsured. Your car accident attorney can help assist you through this process.
Pain and Suffering
Pain and suffering damages are intangible, non-economic damages that a car accident victim should recover. Pain and suffering damages refer to the subjective suffering an injury victim experiences from a car accident. You may be entitled to recover from the intangible pain and suffering that a neck or back injury caused.
Severity of Damages
More severe injuries can add to the value of your car accident claim. If the injuries you sustained are minor and only require minimal medical treatment, then the value of your case is less than if you suffered a permanent injury like paralysis.
Liability
The identity of all potentially responsible parties in an accident may increase the overall value of your settlement. For example, if you get hit by a commercial truck, the potential parties include the truck driver and the company that the driver worked for, and you might recover your damages from both parties.
Another example of multiple potentially responsible parties is if you suffer injuries due to a defective product, you may have a case against the manufacturer and distributor of the product. You might recover more compensation if a responsible party has more resources, such as a corporation versus an individual.
Loss of Companionship/Consortium
A loss of consortium claim is a cause of action brought by an injured plaintiff’s spouse. Depending on your state, if you are married, your spouse may be a co-plaintiff in the same lawsuit. A loss of consortium claim aims to help your spouse recover from the loss of your company, your help with household chores, sexual relations, and other benefits from the marriage.
Property Damage
You can allege property damage in your car accident case. If your car sustains damage in an accident, you should seek compensation for property damage. Your car accident attorney will help ensure that you allege all the damages you sustained.
How Can a Neck and Back Injury Attorney Help Me?
A car accident attorney with experience in neck and back injuries can help you maximize the compensation you receive. An experienced car accident attorney can help you do the following:
Negotiate with the Insurance Company
Most car accident claims start with the injured party negotiating with an insurance company. Most unrepresented accident victims leave money on the table while negotiating with an insurance company. If you have an experienced car accident attorney working on your behalf, the outcome of your case is likely to be much better and you are more likely to recover financially for all your damages.
Comply with Procedural Rules and File a Lawsuit
Filing a lawsuit can quickly get complicated. You must follow many rules to ensure that the court does not immediately dismiss your case. Car accident attorneys are aware of the many rules of litigation, so you can trust that your case will not fail on a technicality.
In addition to the procedural rules for filing a lawsuit, there are many more your lawyer must comply with throughout the life of the case. For example, an important stage of a lawsuit is discovery. During discovery, each side asks the other to produce evidence about the case. There are many requirements for the discovery process, and if you try to represent yourself, you may give up more information than necessary or face trouble with the court because you are unfamiliar with the rules.
Build Your Case
A car accident attorney will help build your case to give you the best chance at success. Many car accident attorneys work with their clients to investigate the facts of the case to ensure that they are ready when it is time to negotiate with the insurance company and when it is time to go to trial.
A car accident attorney may also help you get medical care. Some doctors are cautious about treating people who were in car accidents because they do not want to get involved in a lawsuit. However, your car accident attorney may have a relationship with doctors who are willing to treat you and help you prove your injuries.
What if I Cannot Afford an Attorney?
Many accident victims worry that they cannot afford an attorney, so they do not attempt to pursue compensation after an accident. Fortunately, most car accident attorneys across the country work on a contingency fee basis. A contingency fee agreement is a payment structure where you won’t pay a car accident attorney unless you receive compensation for your car accident claim. You and the attorney must sign the agreement in writing.
Typical terms of a contingency fee agreement include what percentage the attorney will receive as their fee, who will pay litigation fees, and when. Always ensure you understand your payment obligations if your attorney seeks a successful claim on your behalf.
Litigation costs are expenses necessary to pursue an insurance claim or lawsuit. Litigation fees can include filing fees, fees for expert witness testimony, and the cost of making copies and sending mail, among others. A client can prepay for these costs, or the attorney’s firm can make these payments and seek reimbursement after the case settles.
Contact a Neck and Back Injury Attorney in Your Area Today
Car Accident Attorney, Phillip J. Barkett
If you or a family member has suffered a neck or back injury in a car accident, contact a car accident attorney in your area to protect your legal rights. There is no reason to try to settle a neck or back injury car accident case on your own. Doing so can jeopardize your claim and your financial future.
A skilled attorney will understand the severity of your neck or back injury and the compensation you deserve for your losses. Call a personal injury lawyer in your area to get your claim started with a free case evaluation.