Back and neck injuries are among the most common—and also some of the most debilitating—injuries in a car accident. Understandably, injured victims want to know how much these types of claims are worth.
However, determining the average settlement for a car accident back and neck injury is challenging. That’s because these injuries can vary in severity, from minor sprains and whiplash to severe spinal cord damage.
Rather than research personal injury settlement amount examples, it’s best to focus on understanding the specifics that make up the value of your case. At Friedman Injury Law, we know the challenges that victims of such injuries face. That’s why we’ve dedicated ourselves to helping injured clients like you recover the compensation you deserve.
Read on to learn more about the factors that make up typical car accident settlement amounts, the types of damages you can recover, and examples of personal injury settlements we’ve negotiated.
Factors that Influence the Average Settlement for a Car Accident Back and Neck Injury
Back and neck injuries in car accidents depend on certain factors. Understanding these factors is important because they impact your potential case value and settlement.
Injury Type and Severity
The nature and severity of your back and neck injury play a significant role in determining the value of your case. Severe injuries typically require more extensive medical treatment, longer recovery periods, and possibly future medical treatment. For example, a back injury settlement without surgery will likely be much lower than a case involving surgery.
Injuries that result in permanent impairment or disability will also likely increase a claim’s potential settlement value. These injuries impact the person for the rest of their life, which is why compensation is often higher.
Damages
Your losses in a claim are typically referred to as damages. These include medical expenses and lost wages. The higher your damages, the higher your case value likely is.
Liability
Who is at fault also plays a central role in determining case settlement values. Nevada is a modified comparative negligence state.
You can still collect compensation if you are at most 50% at fault for the accident. However, your percentage of fault will reduce your compensation. That is why two cases involving similar back and neck injuries can settle for vastly different amounts.
Consider an accident where the victim has $100,000 in damages. If they are 20% at fault, the most money they will receive is $80,000. A victim who is 50% at fault would receive $50,000. Someone who is 51% at fault will receive nothing.
Available Insurance
Another often overlooked factor of potential settlements is available insurance. You won’t receive the entire amount if you have $500,000 in damages, but the at-fault party only has $50,000 in liability insurance.
Your options would be to try and sue the defendant directly, which is usually not the best choice as most people with low insurance limits have no assets to pay a judgment. Another option can be to pursue an underinsured (UIM) claim through your insurance, provided you have coverage.
Types of Damages in Settlements for Back and Neck Injuries
Settlements for back and neck injuries in car accidents typically include compensation for various kinds of damages, including:
- Medical expenses. Medical costs include bills for emergency treatment, hospitalization, surgery, medication, physical therapy, and any other medical treatment directly related to the injuries.
- Future medical expenses. Compensation may also cover future medical expenses for ongoing treatment, rehabilitation, and any necessary medical equipment.
- Lost wages and future loss of earning capacity. Compensation for lost income during recovery and potential loss of future earning capacity due to the injuries.
- Pain and suffering. These damages encompass the physical pain and emotional distress you suffered due to the accident and resultant injuries.
In limited scenarios, the court might award you punitive damages. However, these awards are few and far between, reserved for cases where the defendant might have committed fraud, oppression, or malice. Your Las Vegas auto accident lawyer can explain whether your case might qualify for punitive damages.
Examples of Las Vegas Back and Neck Injury Settlements
To help you understand the wide range of settlement possibilities, here are a few examples of cases we’ve settled on behalf of clients:
- $300,000 for neck and back injuries from a car accident on the on-ramp to County Road 215 at Sahara Avenue;
- $155,000 for a rear-end accident at a stoplight that resulted in the victim’s head, neck, and back injuries; and
- $75,000 for our client’s neck and back injuries after they slowed to yield to an approaching emergency vehicle.
You can read more details and Las Vegas case results on our website.
Understanding How Car Accident Settlements Are Calculated
While each case is unique, understanding each contributing factor can help you better evaluate what your case is worth. Cases with severe injuries might be worth more, but liability and available insurance can result in a lower-than-expected resolution. The best option to maximize your potential case settlement is to hire an experienced Las Vegas car accident lawyer.
Contact Attorney Blake Friedman at Friedman Injury Law
Don’t let the fear of calculating your case value derail you from getting the justice you deserve. Navigating the claims process can be stressful and feel overwhelming. Fortunately, attorney Blake Friedman stands ready to help injured car accident victims in Las Vegas. We’re committed to ensuring your voice is heard and that you have someone fighting for the compensation you deserve.
If you or a loved one suffered a back or neck injury in a Las Vegas car accident, please get in touch with us to schedule a consultation and discuss your legal options.
Blake S. Friedman, Esq. is a personal injury lawyer helping those in Las Vegas, Nevada. Blake was born and raised right here in Las Vegas, Nevada. He grew up watching his father, a battle-hardened lawyer, fight for his clients’ justice in the Clark County court system.