There is no way to calculate the average settlement for back pain from a car accident. Each accident case is different, and victims suffer dramatically varying injuries that can all trigger back pain. This makes it impossible to take an average settlement and apply it to other cases.
To learn how much your claim might be worth, you should work with a car accident attorney who will investigate the crash, review your medical records, value your losses, and include your pain and suffering in your insurance claim. They will consider the cost of your medical treatment, the limitations caused by your injuries, and other factors when negotiating with the insurance company for a settlement.
What Types of Back Injuries Are Common in Traffic Accidents?
Collisions cause significant enough forces to injure almost any part of your body. This includes your neck, back, and spinal column. Some common back injuries in these crashes include:
- Fractured vertebrae
- Sprains and soft tissue injuries
- Spinal stenosis
- Herniated discs
If you have any pain, stiffness, or discomfort in your back following a collision, it is a good idea to see a doctor right away. These injuries can be serious. If the paramedics who respond to the crash recommend immobilizing you and going to the nearest emergency department, this is a good idea.
Once you see a doctor, they will evaluate your injuries. They may ask about the accident, your symptoms, and any history of back pain or injuries. They will also order imaging to assess your back, which could include an X-ray or magnetic resonance imaging (MRI).
Treatment for back pain after an accident depends greatly on the injury. It could include:
- Spinal stabilization surgery
- Other surgical procedures
- Inpatient rehabilitation
- Physical therapy
- Occupational therapy
- Anti-inflammatory medication
- Pain management
- Ongoing support and care for those with spinal cord involvement
What If I Have Lasting Effects from My Injured Back?
When most people think of suffering a back injury in a motor vehicle accident, they jump to spinal cord injuries and paralysis. However, many people suffer long-term injuries and impairments without spinal cord involvement. This may include:
- Chronic pain
- Nerve damage
- Limited range of motion
Those who suffer back injuries and have long-term effects could miss weeks or even months of work. In addition, they may be unable to return to their previous job because of the pain or the medications they take to manage it. They could also lose the ability to participate in activities they previously enjoyed.
For a free legal consultation, call (800) 537-8185
What Damages Can I Recover for My Back Pain from a Car Accident?
When a personal injury attorney seeks an injury settlement for a client with an injured back, they must take into account all the economic effects and non-economic damages. This means they should seek a fair and just payout that includes:
- Medical expenses and related care costs
- Future medical costs, including related medical expenses, physical therapy, and support needs
- Ongoing pain management or other future costs related to severe injuries
- Lost income for time missed working
- Diminished ability to work and earn a living
- Property damages, including car repairs
- Pain and suffering
- Reduced quality of life and loss of enjoyment of life
- Mental anguish
The best way to understand how much would be in a fair injury settlement is to work with a lawyer who understands both personal injury claims and the significant effects of back pain. This includes how this pain and ongoing medical attention affects your life today and in the future.
A personal injury attorney will value your case, including your intangible losses, and demand an appropriate payout from the at-fault driver’s insurance company. Sometimes, a personal injury lawsuit might be necessary. This often occurs when time is running out, the insurance adjusters will not agree to a fair payout, there are prohibitively low insurance policy limits, or the accident lawyer identifies another reason why a lawsuit might be necessary.
Building a Case to Hold the At-Fault Driver Responsible
Holding a motorist accountable for their bad behavior behind the wheel requires an investigation. This investigation helps us understand why the accident happened, who caused it, and how it caused the types of injuries that occurred. The investigation leads to a wealth of evidence that could include:
- The accident report filed by responding officers
- Accident reconstructions
- Video or photos of the crash
- Eyewitness testimony
- Physical evidence
- Relevant medical records
- Medical expert testimony to identify future costs and permanent injuries
- Documentation of damages
With this evidence, the victim can prove that the at-fault party acted negligently. This requires showing:
- They had a duty to do something to keep the victim safe
- They did not do so
- This led to the crash
- The victim suffered financial and physical harm
Do I Need a Car Accident Attorney to Sue the Driver Who Hit Me?
In most car accident claims, the insurer agrees to a fair settlement outside of court. Often, there is no need to sue. However, there are specific procedures and deadlines that apply when a lawsuit is necessary. You will want to work with an attorney to navigate this process and sue the liable party based on your accident injuries.
In general, deadlines for filing a lawsuit could include:
- Up to two years in Alabama (Ala. Code § 6-2-38)
- Up to three years in Arkansas (Ark. Code Ann. § 16-56-105)
- Up to one year in Louisiana (La. Civ. Code Art. 3492)
- Up to three years in Mississippi (Miss. Code Ann. § 15-1-49)
Circumstances specific to your accident case could give you even less time to act, so getting started as soon as possible is essential. Additionally, there are other steps necessary to build a compelling case for fair compensation regardless of whether the case goes to trial or not. Certain types of evidence can make or break an insurance claim or lawsuit.
Some of this evidence only lasts a limited time unless someone identifies and preserves it. You cannot count on the police to do this. Instead, you want your attorney on your side looking for video of the crash, identifying additional witnesses, and taking other steps to pursue the larger settlement you deserve.
Learn More About Car Accident Settlements By Contacting Our Office Today
Contact the Morris Bart law office to speak with an experienced lawyer about your case. We provide free consultations. If you suffered injuries in a crash in one of the areas we serve, we will review your case for free. Our team provides complimentary consultations and answers questions for accident victims across the Gulf South.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.