Average Settlement for Car Accident Back and Neck Injury

Car accidents are traumatic events, even at low speeds. After being struck, a driver or passenger can suffer serious back or neck injuries that can require extensive medical care and rehabilitation. Few people have the resources necessary to pay for all of this care, so they investigate whether they qualify for a settlement.

How much can you receive? Many people want to know the “average” settlement, though back and neck injuries can differ markedly. As our Los Angeles car accident attorneys tell people, mild whiplash might only be worth a few thousand dollars. Damage to the vertebrae, by contrast, could require tens of thousands of dollars in medical care and an equal amount in lost wages.

Instead of calculating “averages” let’s take a deep dive into what factors come into play when negotiating a favorable settlement. These should give you some idea of how much you might receive in a car accident settlement.

MEDICAL CARE AND OTHER EXPENSES

If you were not to blame for the accident, then you should not have to shoulder the financial expenses associated with your injuries. Under California law, the driver at fault for the crash should pay compensation to cover a victim’s:

• Medical bills, including rehabilitation, prescription drugs, and any devices, like a back or neck brace
• Lost wages, when a motorist cannot work because of an injury
• Damage to the vehicle and any other property

These kinds of “hard” economic expenses are pretty easy to calculate. Take all medical bills, pay stubs, and receipts to your Los Angeles car accident lawyer to review. Unless you were partly to blame for the crash, you should receive 100% (or close to 100%) of these amounts.

PAIN AND SUFFERING (INTANGIBLE LOSSES)

A car accident settlement for a neck or back injury should do more than help you pay the bills. You can also receive money to make up for the pain and suffering and other intangible losses that you have endured. In California, you can receive money for:

• Physical pain
• Negative emotions like depression, anxiety, grief, or embarrassment
• Inconvenience
• Loss of enjoyment of life
• Physical disability
• Disfigurement

It is more challenging to put a price tag on these losses. For example, because of a back injury, you might be unable to go for walks with your wife or play golf. Your pain could also make it next to impossible to sleep peacefully at night. Receiving money cannot make up for this reduction in the quality of your life, but money is what you can get in a lawsuit.

Your attorney should help you calculate the amount you can receive. Very generally, the more serious your physical injuries, then the more money you can receive in non-economic damages. But everything depends on the particulars of your back or neck injury.

Average Settlement for Car Accident Back and Neck Injury

Suffering serious back and neck injuries in a car crash can be devastating. The experienced Los Angeles car accident attorneys at El Dabe Ritter Trial Lawyers routinely work with clients who have gotten hurt in traffic crashes caused by another driver’s negligence or aggressive behavior on the road. We know how important it is to obtain compensation for your losses, and we want to make sure you get the money you deserve. The following are some frequently asked questions we often receive from clients about the average settlement for a car accident involving back and neck injuries.

Q: HOW MUCH CAN I EXPECT TO RECEIVE FOR A CAR ACCIDENT BACK AND NECK INJURY SETTLEMENT?

A: Every case is different, and it is impossible to give an average settlement amount. Given that every person will sustain various types of injuries at differing levels of severity, it is difficult to say with any certainty what kind of settlement you might expect without providing an experienced car accident lawyer in Los Angeles with all of the details of your case. Depending upon the individual circumstances, a settlement amount can also include compensation for pain and suffering, as well as other psychological injuries.

Q: WHAT FACTORS AFFECT THE AMOUNT OF A CAR ACCIDENT SETTLEMENT? 

A: There are numerous factors that can affect the amount of a car accident settlement you receive after sustaining a back and neck injury in a crash. First, the total amount of your economic losses will impact the amount of your settlement. Economic losses are those that have an objective dollar amount and include, for example, hospital bills, follow-up medical treatments, rehabilitative therapy costs, and lost wages. Next, the severity of your injuries can impact whether non-economic compensation is included as part of your settlement amount. If you experienced severe injuries, for instance, that resulted in substantial pain and suffering or disfigurement, your settlement also may include compensation for these losses.

Another issue that can affect your settlement amount is whether you are seeking a settlement from the insurance company or whether you have filed a lawsuit and are seeking a settlement from the defendant. In some cases, insurance limits and other issues can impact the total amount of your settlement offer, and you may need to file a car accident lawsuit in order to receive the full amount of compensation you deserve. 

Q: IF I AM PARTIALLY AT FAULT, CAN THAT AFFECT MY SETTLEMENT? 

A: California follows what is known as a “pure comparative fault” rule, which means that a plaintiff is not barred from recovery if she is partially at fault for the crash or for the severity of her injuries. However, a plaintiff’s (or claimant’s) own fault can reduce the amount of her settlement. For example, the responsible party might argue that it should offer you a lower settlement amount because of the percentage of your own fault. 

CONTACT US

If you’ve suffered a back or neck injury, you should meet with an attorney right away. At El Dabe Ritter Trial Lawyers, one of our Los Angeles car accident lawyers will meet with you to discuss your situation. Please contact us right away to schedule a free case evaluation.