According to Statista, approximately 18,000 new spinal cord injuries occur annually in the US, with about 308,600 people living with them. Back pain is also very common, with 80% of people experiencing it at some point.
Apart from the physical pain, a back or neck injury can also bring a lot of stress because of the medical expenses associated with them, as well as lost income and the uncertainty of recovery. Thankfully, you can receive compensation if someone’s actions caused your injuries.
The average settlement for car accident back and neck injuries can vary greatly based on their severity and the part of the body affected. Each car accident has its own circumstances, damages, and settlements.
Here are the contributing factors that will determine the amount of settlement for back and neck injuries:
Understanding Economic Damages
Economic damages weigh heavily on the recovery process associated with back pain or neck pain in any body.
Economic damages refer to the concrete, financial losses that stem from the injury. Some of these damages include medical bills and rehabilitation costs. Wages can be lost while incapacitated from work due to injury.
Soft tissue injury lawyer Barry A. Roach says that it is a wise thing to talk to an experienced lawyer for an opinion in case of soft tissue injuries because insurance claims adjusters often refuse to compensate for these types of injuries.
You should collect proof of all your expenses, including medical bills and pay stubs from a recent pay period, to help with your case. You may also consider adding in any future expenses for ongoing treatment or a loss of ability to earn.
Economic damages should be carefully evaluated because they will be crucial in settlement negotiations. They will allow you to directly plead for reimbursement for future and existing financial losses due to the injury.
Evaluating Non-Economic Damages
What methods can be used to assess non-economic damages resulting from back or neck injuries?
Consider the pain and suffering you have gone through: not only physical pain but also emotional distress and mental anguish. Think about how the injury will affect your daily activities, your relationships, and your general enjoyment of life.
Also, consider how long those effects might last. If it turns out that you will suffer long-term effects, your non-economic damages will likely be higher. Most people use a multiplier method, assessing your economic damages at between 1.5 and 5 times based on severity.
Another approach is to gather first-hand accounts and testimonies about one’s experience, as they may further substantiate claims for these non-economic damages.
The Role of Medical Evidence
Medical evidence is the main factor that determines back and neck injury settlements. Medical records of your treatment, diagnosis, and prognosis will be used to determine the severity of your injuries.
Your medical records indicate your condition, which, in turn, demonstrates how the injury impacts your daily life. Your doctors’ input on your pain levels and limitations may also affect your case.
You should retain records of all medical appointments and treatments for bargaining. Overall, compelling medical proof can change settlement negotiations in your favor, ensuring you get adequate compensation for your sufferings and losses.
Impact of Liability and Negligence
Liability and negligence really do matter when considering settlement amounts concerning back and neck injuries. When liability is brought forth, the outcome often greatly enhances a claim and consequently pushes the settlement upwards.
You will have to show how their negligence resulted directly in causing your injury. This could include showing how they failed in their duty of care, i.e., consequently causing danger when They could have prioritized safety maintenance, or they acted recklessly regarding the issue at hand.
Conversely, the comparative negligence laws may reduce your settlement if you share some of the fault. Knowing these would help you gauge your chances of success and the expected compensation.
Proving liability will generally be the key to getting the most possible out of your settlement.
Factors Influencing Settlement Negotiations
Establishing liability and proving negligence is simply the second step toward achieving a settlement. Many things can change the outcome of your negotiations significantly.
The degree and permanence of your injury matter here; generally speaking, the more serious the injury, the higher the settlement.
Then there are other important factors, such as present and future medical costs, lost wages, and treatment needs. The insurance company’s settlement practices also come into play, plus the defendant’s willingness to negotiate.
There could be some solid evidence like medical reports and witness statements. Also important are your attorney’s experience and skill in negotiations.
Your state of mind and your desire to go to trial will weigh heavily on the outcome of settlement discussions. A clear understanding of these factors will help you prepare effectively for negotiation.
