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.
According to the lower back injury settlement examples listed on this page, the typical personal injury back settlements vary greatly from $200,000 to $1,330,000. 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 Pain & Injury Settlements in Florida (Updated in 2023)
- $200,000 Payout for a Lumbar Spine Back Injury
Our client, a 57-year-old electronics salesman, was traveling 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. - $1,074,169 Settlement for a Car Accident Lawsuit Involving Back Injuries
This case involved a 44-year-old male who was injured when the defendant sideswiped the vehicle that the client was operating. As a result of the collision, the client sustained a severely fractured right arm, cervical disc herniations, and back pain. Due to the severity of the fracture to the client’s right arm, the plaintiff underwent two surgeries including bone grafts to repair his arm. The amount above represents the remaining limits of available insurance in this case. - $1,330,000 Settlement involving Back Injuries in Pinellas County, FL
This case involved a 63-year-old male who sustained a fractured pelvis, a right knee injury, and a back injury when the defendant turned directly in front of the client while the client was on a motorcycle. The client’s fractured pelvis required two surgeries. We obtained the limits of all available insurance in the case.
Learn more about Spine Injury Settlement Amounts.
Average Settlement for Laminectomy
Here is a laminectomy discectomy settlement example.
$530,000/Car Accident/Lumbar Laminectomy
Our client was working in a construction area on Interstate 75 when a trailer being towed by a passing truck became dislodged and collided with a truck our client was in. The defendant truck driver was found to be negligent for failing to properly secure the trailer. He was issued a citation for careless driving.
Our client experienced immediate pain in his back and knee and was taken to a local hospital. An x-ray revealed that he had sustained a fracture to one of the vertebrae in his lower back. After discharge from the hospital, our client began treatment with an orthopedic surgeon. MRI scans showed that he had bulging discs in his lower back as well as a tear to the patellar tendon in his knee. He underwent conservative care consisting of therapy, chiropractic treatment, and various injections, however, the pain in his back persisted and became worse. His treating orthopedic surgeon finally recommended that he proceed with an operation. Our client consented to the surgery and underwent a lumbar fusion. He was pleased with the result of the surgery which went a long way toward relieving his back pain.
The insurance company for the defendants requested our client’s prior medical records and the MRI films for review. They were attempting to claim that our client’s injuries were not related to the accident. We refuted this claim with evidence that our client’s prior medical history had nothing to do with his injuries from the accident. Eventually, we agreed to engage in a mediation conference with the defense in an effort to resolve the case. After several hours of negotiation, we were able to reach a settlement of $530,000.00, an amount we felt was fair and reasonable under all the circumstances. We also negotiated hard with our client’s medical providers, and we were able to reduce his medical bills by over 50% saving our client a substantial amount.
Based on the two laminectomy case settlement examples listed on this page, the average settlement for laminectomy can vary between $200,000 – $530,000. These settlement averages depend on the individual circumstances of each case.
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 who 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.
Comparative Negligence
Florida is a modified comparative negligence state. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. As an example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. If, however, your percentage of fault is found to be more than 50%, you are barred from any recovery under the law.
Back Pain After a Car Accident
Even low-impact collisions can cause injuries such as whiplash, which can occur at speeds as slow as 2.5 miles per hour.
Back injuries from car accidents can last a few days or can be debilitating for life. Some of the most common back injuries include:
- Whiplash,
- Soft tissue damage,
- Muscle strains and sprains,
- Herniated or slipped disc,
- Bruising or lacerations,
- Spinal stenosis,
- Spinal fracture, and
- Paralysis.
Some of these injuries may not present themselves immediately. Adrenaline can help mask pain immediately following a car accident. Some injuries may go undetected for days or weeks.
It is important to be seen by a doctor as soon as possible after a car accident, even if you do not think that your injuries are significant. Not only is this ideal for your back injury settlement, but it is also best for your health.
Available Damages for your Back Injuries Settlement
Depending on your injuries, there are multiple types of relief you may receive from your back injury settlement.
Economic Damages for a Back Injury Settlement
Economic damages cover all expenses that you would not have incurred had it not been for the car accident. These are actual costs that are recorded and can be proven. Economic damages can include:
- Damage to the vehicle or other property,
- Doctor bills,
- Hospitalization,
- Surgical procedures,
- Prescriptions,
- Ongoing treatment,
- Costs for care or assistance due to injury,
- Loss of wages, and
- Reduced earning capacity.
These are all expenses associated with your back injury that you can assign a price to.
It is important to keep a detailed record of all payments or invoices to accurately calculate your back injury settlement amount.
Non-economic Damages for Your Back Injury Settlement
Non-economic damages consist of compensation for how your injury affects your life in non-monetary ways. These damages do not involve actual financial expenses.
Non-economic damages are generally harder to define and prove but are an important part of your settlement. For your back injury settlement, these may include:
- Pain and suffering,
- Emotional distress,
- Anxiety and depression,
- Permanent disability,
- Post-traumatic stress,
- Loss of enjoyment of life, and
- Loss of consortium.
These damages cover relief in ways that extend beyond finances. Just because you have been financially compensated for your back pain expenses does not mean that your quality of life has been restored back to order.
There is a good chance that you will always harbor some sort of pain from the injury, and you should be compensated for that.
How to Get the Most Out of Your Car Accident Back Injury Settlement
The amount you receive for your back injury settlement will depend largely on your injuries, but there are steps you can take to ensure you are in the best position to be awarded the compensation you deserve.
Receive Medical Attention
Even if you believe that your injury was minor, you should still be seen by a physician. It can take days, weeks, or even months for your injury to surface. Do not procrastinate and hope it gets better.
In Florida, you must receive medical attention within 14 days of your accident to take advantage of your personal injury protection insurance.
This insurance is the basic minimum coverage required in Florida. It will not cover vehicle damage or other costs outside of medical expenses and loss of wages.
The maximum this insurance will cover is $10,000. Treatment for your injuries could potentially exceed this coverage quickly, which is why it is important to know your options.
Not all back injuries present themselves immediately. Some common early signs of injury may include:
- Headaches,
- Neck and shoulder stiffness,
- Upper back pain,
- Lower back pain,
- Abdominal pain, and
- Numbness or tingling.
Minor discomfort could be a bigger problem later and should be addressed as early as possible, both for your personal injury case and for your well-being.
File an Accident Report With the Police
Anytime you are in an accident, it is in your best interest to have the police arrive on the scene and file a report.
This report should detail the cause of the accident, which could help you in any dispute over comparative negligence.
Even if you were partially at fault, you may still recover damages.
Do Not Sign Anything
Insurance companies are often quick to offer low settlement amounts.
Do not sign a release of liability or accept a back injury settlement offer until you are sure that the compensation is fair for your situation.
Take long-term effects into consideration. An experienced Florida personal injury attorney can assist in insurance negotiations and pursue the compensation you deserve.
Record All Expenses
Back injuries from a car accident can result in a lot of incidental expenses. Hospitalization costs and ambulance rides are big expenses, but there are others you may be forgetting.
Medications, babysitters, and transportation to and from appointments are just a few examples of incidental expenses that should be compensated.
Your vehicle and its damaged contents should also be taken into consideration along with any non-economic damages.
Diagnosing and treating chronic back pain from a traumatic injury
Back pain is a symptom of trauma that, for many people, comes on slowly over time. You may not notice it the day of – or even in the days immediately following – an accident. But, gradually, you start to experience pain that becomes too much to bear.
Of course, for other accident victims, back injuries are evident immediately. Our spines are fragile. They are not designed to withstand the severe forces involved in a violent collision. Unfortunately, even if surgery, such as a laminectomy discectomy, fully restores your mobility (which, for many people, it does not), there is a good chance that you will experience chronic pain long after your injuries are healed.
HELPING YOUR DOCTOR PROVIDE AN ACCURATE DIAGNOSIS
To recover financial compensation for chronic back pain after an auto accident, you need to be able to demonstrate that your chronic pain is the result of an accident-related injury. Lots of people experience back pain during their lifetimes, and the insurance companies are not going to pay unless they are convinced that your pain is accident-related.
To make sure that you receive an accurate diagnosis, you will need to be very explicit with your doctor. You will need to communicate the specific location and the level of your pain clearly (your “pain history”), and you need to tell your doctor that you were recently involved in an auto accident. If your doctor is unaware that you experienced a traumatic event, he or she may assume that your pain is the result of other factors.
While there are medical technologies available today that can help diagnose chronic back pain, according to the National Institutes of Health (NIH), “the best treatment plans are tailored to the person, with input from healthcare team members, who each have different training backgrounds and understand chronic pain.”
TREATMENT OPTIONS FOR CHRONIC BACK PAIN
The good news is that there are a number of options when it comes to treating chronic back pain. With compensation from your auto accident claim, you may be able to cover the costs of your treatment without coming out of pocket or relying on your own medical insurance coverage. Some of the treatment options for chronic back pain include:
- Pain medications – Medications available for chronic back pain include nonsteroidal anti-inflammatory drugs (NSAIDS), analgesics, muscle relaxants, and prescription narcotic drugs. Of course, you should consult with your doctor before using any type of medication, and you should never use a medication prescribed to someone else.
- Acupuncture – Some patients experience positive results with acupuncture. Massage, stretching, and joint therapy may all help relieve chronic back pain as well.
- Physical therapy – Controlled physical activity can help reduce back pain for some patients. However, for others, rest can be an essential part of the recovery process.
- Steroid Injection – For some patients, epidural steroid injections can help relieve the symptoms of chronic back pain.
- Self–management – Another option is what is known as “self-management.” With self-management, you work with your doctor to develop and continually shape a pain-alleviation strategy that involves a variety of different pain management techniques.
Three tips for protecting your rights after an auto accident
As you seek treatment for your chronic back pain, you also need to begin thinking about what you need to do to pursue a financial recovery. In particular, if you have a claim for compensation, there are a number of common mistakes you need to avoid. For example:
1. AVOID TALKING TO THE INSURANCE COMPANIES
While you can (and should) report your accident to your insurance company, you need to avoid making any statements about what happened or how you feel. Insurance adjusters are good at soliciting damaging statements from accident victims; and, no matter what you say, they will almost always try to find a way to use it against you.
2. AVOID DISCUSSING THE ACCIDENT ON SOCIAL MEDIA
Don’t post pictures. Don’t talk about what happened. Don’t talk about your injuries. The insurance adjusters will be watching, and they will pounce on any excuse to try to deny you fair compensation.
3. AVOID ACTIVITIES THAT COULD MAKE YOUR CONDITION WORSE
Generally speaking, you want to keep your accident claim as simple as possible. You were injured in an accident, and the driver (or his/her insurance company) owes you compensation. You want that to be the end of the story. If the insurance company can say, “Well, we think Ms. Smith made her pain worse by returning to work too soon,” this can make it more difficult for you to win the compensation you deserve.
Steps you can take now to begin pursuing a financial recovery
In addition to avoiding these types of mistakes, here are five steps that you can take now to begin pursuing a financial recovery:
- Step 1: Collect evidence. Make sure you save any photos you took at the scene, keep copies of your medical records and receipts, and keep a journal detailing your pain history.
- Step 2: Learn more about the process. Read our FAQs to learn more about what to expect once you file your claim.
- Step 3: Follow up with your medical treatment. Follow your doctor’s advice. This is important for your health and your claim for compensation.
- Step 4: Choose an experienced attorney. Do your research, and make sure you choose a law firm whose attorneys have extensive experience in auto accident litigation.
- Step 5: Schedule a free consultation. Meet with an attorney to learn more about your rights. The consultation should be free, and you should not be asked to pay anything until after you win compensation.
Will an Attorney Increase My Lower Back Pain Car Accident Settlement?
Many personal injury and back 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.
What our Happy Clients Say
Upon hearing about this firm from another client I contacted them on behalf of my 13 yr old daughter. We were in a car accident and she suffered injuries to her back. They acted quick and prompt to come meet with us. Very outstanding, positive experience and would highly recommend to other’s and use again if I unfortunately needed too. Thank you to everyone.
Nicole Worley
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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 $800 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.