Average Settlement for Car Accident Back and Neck InjuryTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. February 10, 2021
If you sustained neck or back injuries from a car accident caused by another driver’s negligence you may be entitled to compensation.
Neck and back pain are often soft tissue injuries, but they can be some of the most painful injuries to cope with and can lead to serious life-long issues. Florida Highway Safety and Motor Vehicles reported 152,768 vehicle crashes that resulted in injury in 2019.
Average Settlement for Car Accident Back and Neck Injury
There are a lot of variations in back and neck injuries from car accidents. That means that the average settlement of car accident back and neck injuries is not a specific number.
Your neck and back injury settlement will depend on the severity of your injuries, treatment, prognosis, and other individual factors including:
- The degree of the negligence of the party that caused the accident;
- The extent of damage to the vehicle and other property;
- Whether the negligent party was driving under the influence of drugs or alcohol;
- The amount of insurance available;
- Whether you have pre-existing conditions of back or neck pain;
- Ability to prove causation;
- Your percentage of contributory negligence; and
- The extent of other damages that affect your quality of life.
Though there is no average settlement for a car accident back and neck injury, there is a clear path to get you the relief you deserve. Because there are a lot of components to a neck and back injury settlement, you may want to consider consulting a Florida personal injury attorney.
Neck and 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 and neck injuries from car accidents can last a few days or can be debilitating for life. Some of the most common neck and back injuries include:
- Soft tissue damage,
- Muscle strains and sprains,
- Herniated or slipped disc,
- Bruising or lacerations,
- Spinal stenosis,
- Spinal fracture, and
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 neck and back injury settlement, but it is also best for your health.
Available Damages for Your Neck and Back Injuries Settlement
Depending on your injuries, there are multiple types of relief you may receive from your neck and back injury settlement.
Economic Damages for a Neck and 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,
- Surgical procedures,
- Ongoing treatment,
- Costs for care or assistance due to injury,
- Loss of wages, and
- Reduced earning capacity.
These are all expenses associated with your neck or 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 neck and back injury settlement amount.
Non-Economic Damages for Your Neck and 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 neck and 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 and neck pain expenses does not mean that your quality of life has been restored back to order. T
here 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 Neck and Back Injury Settlement
The amount you receive for your neck and 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 neck and back injuries present themselves immediately. Some common early signs of injury may include:
- 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 wellbeing.
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-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 and neck 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 and neck 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.
Consult a Florida Personal Injury Attorney
The experienced legal team at Abrahamson and Uiterwyk takes each case seriously. Our practice focuses on personal injury and vehicle accidents. Though there is no average settlement for car accident back and neck injury, we understand what is available and will aggressively fight to get you the settlement you deserve.
We have been protecting the rights of injury victims for over 30 years and understand the intricacies of the Florida legal system. Contact us today for your free consultation
, and let a car accident lawyer help you recover.