Average Lower Back Injury Settlement Amount in FloridaTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. July 06, 2021
This article attempts to explain the factors that influence the amount that lower back injury victims can get in Florida settlement.
If you suffered a lower back injury in a car accident, you are entitled to compensation for the harm you suffered if the injury resulted from the negligence of another driver. Therefore, you could be wondering what the average settlement for a lower back injury sustained in a car accident looks like.
Lower back injury settlements can range from incredibly high amounts to relatively modest awards. It all depends on the circumstances giving rise to your individual injury. Consult with an experienced personal injury attorney to maximize your lower back injury settlement.
Recent Lower Back Injury Settlement
Lower Back Injury; Fault established and compensation recovered
This unfortunate accident occurred in a hallway of a hospital in St. Petersburg, FL. The hospital had allowed water to accumulate on the floor of the hallway creating a dangerous slipping hazard. Our client, a 34 year old self-employed hairstylist, was walking from the parking garage to the hospital when she encountered the spilled water. When she unknowingly stepped into water, she slipped and fell backward landing on her left side.
It was immediately obvious that our client had sustained an injury to her lower back, and she sought treatment at the emergency room. It was determined that she had suffered a lumbar spine injury, and she was referred for treatment. When she followed up, her doctor ordered an MRI scan of her back which revealed several herniated discs. An orthopedic surgeon later recommended injection therapy, however, our client opted to continue with conservative therapy.
The insurer for the hospital argued that they had no notice of the condition before the accident. The law actually requires the injured party to show that the defendant either knew or should have known of the condition before the accident occurred. This law makes slip and fall accidents challenging to prove. There is one exception to the rule where an employee of the defendant actually creates the dangerous condition. In this case, our client stated that a nurse who worked at the hospital had spilled a bottle of water prior to our client’s fall and it had not been cleaned up.
Through persistent negotiations, we were able to establish that the water on the floor was an employee created condition and that the hospital was therefore on actual notice of the spill before our client fell. Eventually, the company paid an amount that was sufficient to pay our client’s medical bills, lost wages, and pain and suffering damages. Our client was pleased with our representation and the ultimate result. We have represented victims of slip of fall accidents for over 30 years and hold businesses accountable when their carelessness causes injury to their customers and invitees.
Lumbar Spine Injury, $200,000 recovered
Our client, a 57 year old electronics salesman, was travelling north on Marnier Blvd. in Brooksville, FL approaching the intersection of Maderia Street. The defendant was proceeding east on Maderia when he failed to stop for a stop sign causing a T-bone collision with our client.
Our client suffered a significant lumbar spine injury. MRI scans revealed that he had 3 herniated discs, and he was recommended for surgery by an orthopedic surgeon. After conservative treatment failed, he did eventually undergo a lumbar laminectomy procedure.
When our firm first submitted a demand package to the insurance company, the company responded with an offer of under $6,000.00. Even after our client’s surgery, the company refused to pay the limit of insurance. We persisted and ultimately filed an official complaint against them for bad faith negotiation. In the end, we were able to convince them to pay the policy limits of $200,000.00 which compensated our client for his medical bills and pain and suffering. While we certainly wish there had been more available insurance proceeds, we were pleased that we were able to get our client the absolute maximum amount of compensation possible under the circumstances.
What Can Influence Lower Back Injury Settlements?
If you experienced lower back pain after a car accident, you are not alone. Back injuries commonly occur in car crashes. The average settlement of a lower back injury depends on the circumstances of your individual case.
Less severe back injuries often warrant lower settlement offers, while major back injuries can result in large settlements. Damages resulting from a back injury can also be highly speculative.
Therefore, we cannot accurately predict the worth of your injury claim without an in-depth analysis of your individual circumstances. Contact us today so we can get started reviewing your claim.
Severity of Your Injury
The severity of your injury plays a critical role in your lower back pain injury settlement amount. Settlement offers aim to make the victim whole through compensation for damages suffered as a result of the car accident.
If the victim suffered a significant injury to their back, such as a spinal cord injury, the damages accumulated from medical bills, missing work, and costs of rehabilitation pile up quickly. Thus, victims that suffer injuries requiring more treatment and healing time are entitled to higher settlements than victims suffering from minor back injuries.
In addition to economic losses, non-economic damages are considered in calculating the value of your claim. Common examples of non-economic damages include:
- Emotional distress;
- Loss of consortium; and
- Pain and suffering.
As with economic damages, more severe injuries result in higher values for non-economic damages.
Proof of Liability
Substantial proof that the other driver caused the crash can increase your settlement offer. Many car accidents occur due to the at-fault party’s negligence. To prove a driver was negligent, you must prove that he or she failed to act responsibly which in turn caused a car accident that resulted in your injuries.
Additionally, you need to establish that the injuries you suffered would not have occurred but for the at-fault driver’s negligence.
Florida recognizes the theory of comparative negligence. This means that a judge will reduce your award by the percentage assigned to you in the car accident. For example, if the jury determines you were 50% at fault for your accident, your award is reduced by 50%.
Comparative negligence rules aim to prevent partially at-fault drivers from receiving a full award for damages since their own negligence contributed to their injuries. At the same time, such rules allow injured people to recover some of their damages which were caused by the defendant’s negligence.
Will an Attorney Increase My Lower Back Pain Car Accident Settlement?
Many personal injury cases settle out of court. Trials are lengthy, unpredictable, and costly for all parties involved. Therefore, reaching a settlement agreement is in the best interests of all parties involved in most situations.
According to a survey conducted by Martindale-Nolo Research, 91% of individuals who hired a lawyer received a settlement payout as compared to only 51% of individuals who did not hire a lawyer.
Even after subtracting attorney’s fees and costs, individuals who hired attorneys collected payouts almost three times higher than unrepresented individuals. Understanding the structure and process of personal injury claims enables personal injury attorneys to secure the maximum settlement offer through negotiations with insurance adjusters.
Contact Abrahamson & Uiterwyk to Maximize Your Lower Back Injury Settlement
The seasoned attorneys at Abrahamson & Uiterwyk have fought tirelessly for car accident victims for over 30 years. We have collected over $300 million on behalf of our clients. Our firm has an A+ rating with the Better Business Bureau and achieved a “Best Law Firm” rating with the U.S. News and World Report.
Our lawyers will not stop fighting for you. We know how insurance companies work, and we don’t quit until they agree to pay you what you deserve. You deserve to be adequately compensated for the harm you have suffered. So don’t settle for less.