After being injured in an auto collision, you may be entitled to recover compensation for your financial and intangible losses. How much you receive depends on several factors, including how severe your injuries are and the extent of your medical costs. Determining the average settlement for car accident neck and back injury claims is impossible because of these factors. For example, an accident victim with a life-altering traumatic brain injury will usually receive a considerably higher settlement than one suffering whiplash for a short period with a full recovery. Both have the same right to financial compensation.
However, the severity and impact of injuries significantly influence the value of a claim, making it challenging to calculate an average. Consult a local DuBois car accident attorney to discuss the average settlement for car accident neck and back injury claims with circumstances similar to yours.
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Several factors are considered when calculating compensation for a car accident neck and back injury claim. The severity and nature of your injuries determine the length of medical treatment and costs, which substantially impact settlement amounts. Other determinants include lost income, diminished earning capacity, the impact injuries have on daily life, and the extent of your pain and suffering. Insurance policy limits and whether you have an attorney demanding reasonable compensation also influence settlement amounts.
How badly you’re injured and the nature of those injuries are considerable factors when calculating car accident neck and back injury claims. The more severe the injuries, the more treatment and rehabilitation are required. Injured parties should undergo prescribed procedures and rehabilitation until their treating physicians determine they’ve reached their maximum medical improvement (MMI). Achieving your MMI means that you have recovered from your injuries or will no longer respond to medical treatment.
Substantial healthcare expenses can accompany the length of medical care and rehabilitation, which are recoverable economic damages in a neck and back injury claim. When injuries cause permanent impairment or disability, attorneys will work with a life care planner and medical professionals to calculate long-term medical costs to maximize your claim—and prevent you from absorbing future expenses.
When neck and back injuries cause you to miss work, you can file for those income losses. When injuries are minimal to moderate, this typically entails paying lost earnings or salary. However, when neck and back injuries require extensive treatment and recovery, lost earnings can include other compensation, such as the following:
When injuries result in chronic disability or injury, your lawyer and vocational experts will determine your diminished earning capacity or future lost earnings. A diminished earning capacity can be calculated when an injury reduces your ability to perform your job the same way you did before, prevents you from returning to your previous job, or prevents you from working in specific job types. Your age, pre-injury profession, work history, and education influence future lost earnings.
How your injuries impact your daily life is examined when they interfere with normal functioning. The inability to perform everyday tasks or participate in activities you previously enjoyed is a compensatory damage that influences how much a back and neck injury settlement may be. For example, if you are an avid marathon runner and a knee injury prevents you from running in the future, you may secure compensation for the limited functioning of your injuries.
How much pain and suffering you experience following an auto collision is also considered when calculating settlements for back and neck injuries. Severe injuries and disability can come with tremendous pain and suffering. Depending on the circumstances of your injuries, symptoms of pain and suffering may include the following:
Proving pain and suffering can be complex because they aren’t easily quantifiable. It’s vital that you discuss these symptoms with treating physicians so that they become part of your medical documentation. You must also document these non-economic damages in a post-accident journal. Entries must be dated and detailed and remain consistent. Your attorney may also consult expert witnesses to testify to your pain and suffering.
How much your settlement will be is generally limited to the at-fault policyholder’s insurance coverage limits. You can’t collect more than the policy limit without finding other liable parties or personally suing the at-fault party. However, there is no guarantee that the at-fault party will have the finances or assets to compensate your claim further. You’re also not automatically entitled to collect the maximum policy amount. In other words, the insurance company won’t automatically issue a check for the policyholder’s limits.
To ensure maximum compensation, having an experienced car accident lawyer handling your case is best. They know the claims and legal processes and how to value your claim for maximum compensation. Car accident lawyers are excellent negotiators who will demand a fair settlement for your car accident, neck, and back injury claim. Injured parties with legal representation generally receive higher settlements than those without an attorney.
There are many reasons to hire a lawyer to handle your car accident claim. Contingent fee arrangements are a considerable benefit because they offer clients a chance to hire a car accident attorney without any out-of-pocket costs. They also ensure that your lawyer only gets paid if they successfully settle your claim. Other benefits include communicating with insurance companies, investigating and establishing liability, valuing damages, negotiating settlements, and representing you in court.
Communicating with insurance companies can be detrimental to the outcome of your claim. Insurers are known for making injured parties jump through unnecessary hoops to delay the process. They will do whatever it takes to deny or undervalue your claim. Some tactics insurance companies may use on injured parties without legal representation include:
Hiring an attorney prevents injured parties from dealing with the shenanigans. Instead, all communications will be handled by your lawyer. Liable insurance companies will no longer be permitted to contact you after retaining legal counsel—providing peace of mind and allowing you to prioritize your recovery.
Proving negligence is essential for securing a settlement for car accident neck and back injury claims and lawsuits. To do that, your attorney will investigate and establish liability. Depending on the nature of your collision, this means exploring all possible parties of liability, such as trucking or rideshare companies, municipalities, and vehicle and parts manufacturers. Car accident investigation often includes:
Injured parties should bring any evidence they have to their free case evaluations with car accident attorneys. While they will help collect evidence not in your possession, it’s helpful for them to gain a clearer picture of your case if you bring what you have. Medical records and bills, employer-lost income statements, pay stubs, and other documents demonstrating financial losses are viable evidence for your consultation.
Before insurance companies settle claims, your attorney will value the damages. The process involves calculating your economic and non-economic damages. Your economic damages are the monetary losses you can prove with invoices and receipts. Your non-economic damages are intangible losses that aren’t as easily quantifiable. Pain and suffering is a significant non-economic damage in many car accident cases. Other damages your attorney will value are as follows:
Car accident lawyers have a brilliant network of experts who review medical records, help calculate damages, and provide invaluable testimony to the extent of your injuries and the need to compensate for future medical care and diminished earning capacity.
Negotiations are a big part of securing a reasonable settlement for car accident neck and back injury claims. Insurance companies like to start the process with lowball counteroffers after attorneys send demand letters for compensation. Your lawyer will respond with another offer and wait for insurers to respond. This process can take time and be more challenging when asking for significant non-economic losses, future medical costs, and earnings.
Most car accident claims are settled during the negotiation stage. Once all parties agree to the terms, insurance companies will issue a check to your lawyer, who takes their contingent fee, negotiates medical costs, pays medical liens, and then issues you a settlement check.
Insurance companies do not want to go to court because they risk paying considerably larger settlements and punitive damages. However, when negotiations are unsuccessful, your lawyer will discuss filing a civil lawsuit to recover compensation for your claim. They will file all necessary paperwork, prepare witnesses, present evidence, give closing arguments, and fight for your right to fair compensation. If a jury awards compensation, liable insurers will be forced to pay. Your attorney will collect their contingency fee, negotiate and pay medical liens against your settlement, and issue you a final settlement check.
Don’t delay consulting with an experienced car accident lawyer about your case. It is important to seek legal counsel to handle all insurance communications and protect yourself from tactics used to undervalue and deny valid claims. Schedule a free case evaluation with a personal injury lawyer now.
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