Average Settlement for Car Accident Back and Neck Injury in FloridaTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. August 30, 2022
This article attempts to explain the factors that influence the amount that cervical spine injury victims can get in Florida settlement.
According to the cervical spine neck and back injury settlement examples listed on this page, the average settlement for car accident back and neck injury in Florida can range from $300,000 to $650,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for cervical spine injuries in Florida.
In a car accident, a neck injury can often result in some level of temporary or permanent incapacitation. In Florida, there are many car accidents each year, according to a traffic report published by the Florida Highway Safety and Motor Vehicles, 401,076 car crashes occurred within the state in 2021, nearly 15% of those crashes, a total of 59,402 of those crashes occurred in Pinellas, Hillsborough, Manatee, and Pasco counties alone.
The report defines incapacitating injuries as disabling injuries like broken bones, severed limbs, etc., that usually require hospitalization and transport to a medical facility.
Our experienced personal injury attorneys at Abrahamson & Uiterwyk will research your claim and negotiate a cervical sprain settlement offer on your behalf. Contact us today so we can help maximize your compensation.
What is a Cervical Spine Injury – Does it Impact the Neck or Back?
Injuries such as penetrating or blunt trauma during a car accident can result in spinal cord injuries in the cervical spine – The cervical spine consists of the 7 vertebrae at the top of the spinal column – C1-C7. If the C5 vertebrae or higher are injured, the central nervous system may be unable to control ventilation. Many complications can occur within the first 24-72 hours after sustaining a spinal cord injury. The accident victim’s survival depends on immediate recognition and treatment.
There are 4 general clinical indicators that may prompt a more aggressive medical intervention after a cervical spine or back injury.
- Unconsciousness, or altered consciousness – fading in and out of awareness, repeating questions that are already answered, etc.
- Bilateral neurologic complaints – symptoms that impact both sides of the body – for example, numbness or lack of coordination in both hands, feet or legs.
- Significant pain – when a vertebra is broken or displaced, it puts stress on the spinal cord running within those vertebrae. This can cause mild to severe pain and even paralysis
- Obvious spinal deformity – If you can observe the visible displacement of the spine, such as humping, twisting, etc above the C5 vertebrae, it can be a very clear indicator that a cervical spine injury has been sustained.
With any of these symptoms, fast and competent medical care is an immediate need. Long-term care and rehabilitation are most likely warranted. Hiring an attorney well versed in a car accident back and neck injury cases, negotiations, and settlements in Florida can have a huge impact on the rest of your life. Don’t delay – call us today.
Our Recent Cervical Spine Injury Cases
At Abrahamson & Uiterwyck, we are fully committed to getting you the most money possible for your spine injury case. We have handled cases like yours for many Florida residents, and we take pride in providing compassionate yet bold representation to ensure just compensation for our clients.
Our lawyers know how your accident has upended your life. We understand your pain, and we make it our mission to keep fighting for you until we ensure a payout worthy of the pain and uncertainty your car accident may have caused.
And when the going gets tough, we do not quit. Insurance companies almost always make lowball, mediocre offers to injured victims and hope that these victims will take the bait and make a deal on an agreement without representation – this may ensure a fast payout, but it does not secure a fair resolution for the client in nearly every case.
When they do that, they are attempting to save themselves tens of thousands or even hundreds of thousands of dollars by denying you the compensation that your case deserves. Do not let them get away with it. Hire us today so we can help you achieve great results. Here is one recent example of a client that we fought for until the insurance company paid up.
Genevieve Beck Case Example – $300,000 Recovered
Anyone with a driver’s license has heard of the dangers of hydroplaning. Hydroplaning happens when hot and oily roadways combine with the torrential downpours that our state is so famous for. When the rain falls and lands on roads they become slick.
High water volumes, high speeds, and low tire treads all exacerbate the slickness of the road. When tires move too quickly over rain there is not enough time for the treads to grab the asphalt. Your car is literally lifted a bit off the ground and you start to slide on the water as your tires lose their grip on the road.
So when you travel too fast on a wet road, you can lose contact with the road in a split second. When you lose contact with the road, you lose control of your car and horrible accidents can happen.
That is why it is so critical for drivers to slow down on wet Florida roadways when it rains. However, not everyone behaves as they should protect others and themselves.
This combination of factors led to painful injuries for one of our recent clients, Genevieve Beck. Genevieve was sitting at a left turning lane facing west as the defendant approached her. The defendant was traveling on highway 301 heading north. The rain had made the road wet.
As he approached an intersection he began to hydroplane and lost control of his vehicle. The defendant’s car then began to skid in a northeastern direction. It continued to skid, crossing two lanes of an intersecting roadway, jumping a raised median, and broadsiding our client who was sitting in her car waiting to make a left turn.
At the scene, police gave the defendant a traffic citation for failing to use due care.
The doctors at the emergency room provided Genevieve with her initial treatment immediately following the crash. However, after doctors discharged her from the hospital, Genevieve continued to experience pain in her neck and jaw, as well as her lower back.
She followed up her emergency room treatment with visits to her primary care physician who ordered an MRI scan to get a better look at her injuries. The scan revealed a herniated disc at C4-5.
Because this is a very serious cervical spine injury, Genevieve’s doctor referred her to an orthopedic surgeon. This specialist advised our client that she needed surgery to remove the painful disc, and Genevieve agreed to the procedure. So a few months after the crash, she had the surgery done.
The defendant’s insurance company in this case attempted to use a few tactics to get away with paying our client far less than what her damages were worth. First, they claimed that the cervical spine injury was not a result of the crash.
They claimed that the injury was pre-existing and caused by our client’s age. They refused to admit that the defendant’s negligent driving led to an avoidable crash that caused Genevieve’s injuries and resultant surgery. They made an initial offer of $150,000.00, which we rejected on behalf of our client.
Instead of settling for that insulting offer, we hired an expert. Our expert radiologist was able to bolster our claim that Genevieve’s injuries were caused by the defendant’s negligent conduct. The radiologist confirmed that her injuries resulted from the accident and did not previously exist.
We followed this up with intense and heated negotiations on Genevieve’s behalf—and we didn’t stop until the insurance company doubled their previous offer and settled the case for $300,000.00.
Cervical Spine Injury from Car Accident – $300,000 Recovered
Our client, a 39-year-old sales lead generator, was traveling north on Lori Dixon Rd. in Hillsborough County, FL when several cars in front of him stopped abruptly. Our client managed to stop behind those vehicles, however, a heavy truck behind him was unable to stop in time and collided with the rear of our client’s vehicle.
Our client was taken to the emergency room with a cervical spine injury as well as lower back pain. Shortly after his emergency care, an MRI scan confirmed that he had suffered multiple herniated discs in his neck. Due to this serious cervical spine injury, he was referred to an orthopedic surgeon who recommended a two-level disc replacement surgery which our client underwent.
The insurance company initially made a low offer of only $100,000.00 which was a lesser amount than the outstanding medical bills. They contended that the disc injuries pre-existed the accident and were degenerative in nature. We fought back hard arguing that given our client’s lack of previous injury and the nature of the disc herniations, it was far more likely that the accident caused them. Ultimately, we forced the insurance company to triple its initial offer. We obtained $300,000.00 as compensation for our client’s injuries. Our client was pleased with our representation, our negotiations, and the ultimate case result.
Cervical Spine Injury From Slip and Fall Accident – $650,000 Recovered
The client was walking through a commercial establishment when the client slipped on a foreign substance. Our client was transported to the emergency room where she complained of neck, shoulder, and lower back injuries.
The client began treatment from medical doctors who prescribed MRIs of the neck and lower back which revealed numerous herniated discs. All conservative treatment failed which resulted in neck surgery to alleviate the neck symptoms which included radiating pain into the shoulder and arms. The shoulder pain continued after the surgery. An orthopedic surgeon that specialized in shoulder surgery ordered an MRI of the shoulder which revealed a rotator cuff tear. The client underwent a shoulder arthroscopic surgery to repair the rotator cuff injury.
The store alleged the employees were not aware of the foreign substance and were not at fault. The most the store would offer to settle the case before the suit was filed was 65,000.
A video of the incident which included several hours before the fall revealed that other patrons had slipped in the foreign substance. The video revealed the foreign substance was on the floor for a lengthy period before our client’s fall and none of the store employees that walked by the spill paid attention as per the store’s policies and procedures.
A suit was filed and depositions of multiple store employees were taken which revealed they did not follow store policies and procedures. At the mediation, the store offered 250,000 to settle the case. That offer was rejected. The case progressed through litigation and settled for 650,000, shortly before trial.
Cervical Spine Injury Resulting in Neck Surgery – $400,000 Recovered
Our client was stopped. The defendant’s vehicle failed to stop causing the front of the defendant’s vehicle to ram into the rear of our client’s vehicle.
Our client visited numerous physicians due to neck pain radiating into the arms. The physicians ordered an MRI of the neck. The neck MRI revealed a large, herniated disc. The client submitted to numerous injections in hopes of alleviating the neck pain and radiating symptoms. Unfortunately, all conservative treatments failed. Her surgeon recommended neck surgery. Our client was in so much pain she agreed to have neck surgery.
We presented a demand to the defendant’s insurance company. The defendant’s insurance company merely offered 150,000 to settle the claim. The defendant’s insurance company claimed that our client was somehow negligent in causing the accident. A suit was promptly filed after this lowball offer. The defendant driver’s deposition was taken to establish the defendant driver was primarily at fault for causing the accident. Shortly after this deposition, the case was settled at a mediation conference for 400,000.
What Amount Can I Expect from My Cervical Sprain Car Accident Settlement?
Many factors influence the average settlement for cervical spine injuries in Florida. The settlement amount fluctuates based on the characteristics of your personal injury claim, including the:
- The severity of the injury;
- Qualities of the plaintiff;
- Amount of insurance coverage;
- The extent of pre-existing injuries;
- Cost of medical treatment; and
- Proof of liability.
Thus, cervical spine injury settlement offers to depend heavily on the individual circumstances of your claim. It is best to discuss the specifics of your case with a qualified car accident attorney to determine what compensation you are entitled to.
Here’s How Having An Attorney Can Increase Your Back & Neck Injury Settlement
Technically, the law does not require you to consult with an attorney before accepting a settlement offer. However, research indicates that victims represented by personal injury attorneys receive larger settlements than victims who act for themselves. An attorney can help increase your settlement offer in a variety of ways.
Gathering and Preserving Evidence
Collecting and preserving evidence found at the scene of the crash is a vital part of establishing your personal injury claim. Having evidence to prove what happened at the scene of the crash bolsters your case and maximizes your settlement offer.
Our experienced car accident attorneys have gathered evidence from many car accidents and are committed to doing the same for you.
Proving the Extent of Your Injuries
To recover in a personal injury claim, you must prove that you suffered harm as a result of the crash. Obtaining a medical evaluation in the aftermath of a car accident goes a long way in proving injuries. Medical records provide a detailed account of your injuries in the event you were transported to a medical facility after the car crash.
The extent of your injuries as shown by medical records factors into the amount of compensation you are entitled to.
Calculating Damages For Your Settlement
Personal injury victims are entitled to recover damages for the losses they suffer as a result of their injuries. Damages include economic damages and non-economic damages. Examples of economic damages include:
- Lost wages;
- Loss of earning capacity; and
- Past and future medical bills.
Examples of non-economic damages include:
- Pain and suffering;
- Emotional distress;
- Loss of consortium; and
- Loss of enjoyment of life.
While some damages are easy to calculate, others require experience in the personal injury field to determine the approximate value typically attributed to such harm. Our personal injury attorneys can assist you in determining the amount of damages caused by your injury and a fair settlement value for your claim.
Communicate and Negotiate with Insurance Companies
Insurance companies aim to pay out as little as possible to personal injury victims. Do not provide any statements to representatives of insurance companies before consulting with a lawyer.
Hiring a personal injury attorney can prevent insurance companies from using manipulative tactics to influence you into taking a settlement offer far lower than you deserve. We will negotiate on your behalf to level the playing field and obtain the maximum settlement.
Contact Abrahamson & Uiterwyk for a Free Florida Auto Accident Case Review
Our team of personal injury attorneys at Abrahamson & Uiterwyk possess over 30 years of experience representing clients injured in car accidents and have obtained over $800 million on their behalf. We focus exclusively on personal injury claims and are committed to prompt and aggressive representation of our clients.
If you suffered a neck injury due to someone else’s negligence, consider consulting with a personal injury attorney as soon as possible. Having an experienced attorney on your side is critical to obtaining the maximum settlement offer. Read here for examples of spinal fusion car accident settlements.
Without an attorney, an insurance company will likely pressure you to accept a settlement offer for far less than you are owed. Contact our firm today to ensure insurance companies do not take advantage of you in your moment of weakness.
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Contacted Abrahamson and Uiterwyk after my car accident in June 2021. From my initial call the level of professionalism and guidance they provided me was excellent. They kept me well informed and answered all my questions during this stressful time. A very knowledgeable and friendly staff kept me aware of any changes and updates about my case. We will definitely be referring family and friends for any legal needs.