There is no average settlement for back and neck injuries suffered in a car accident because every case is unique. Each personal injury victim will have different damages, but you can generally recover a settlement to compensate for your losses related to the accident.
What You are Entitled to After a Car Accident
Our firm can give you a more accurate estimate of what you are entitled to in a settlement, but generally, here is what you can recover:
Your medical costs after a back and neck injury could be expensive, and we can help you get compensation for these expenses and the ones you will have in the future.
Medical expenses can include:
- Hospital stays
- Emergency transportation costs
- Prescription medications
- Medical devices
- Physical therapy visits
- Ongoing doctor visits
We can also help you recover compensation for your lost wages if you missed work for your back and neck injury. If you cannot return to your job or a similar paying job, we can recover your lost future earning capacity from your injury.
You might also be entitled to compensation for your lost benefits, including savings and your employer’s retirement matching. We can include what you lost from being out of work in your claim or case.
When an accident damages your car, we can seek compensation for its repair or replacement.
The most elusive—and perhaps most damaging—types of compensation following a neck and back injury are non-economic losses. These are the ways your injury impacts your life. These non-economic losses include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
This list is not exhaustive, and you could be entitled to recover compensation for other damages after your car accident.
For a free legal consultation, call 412-661-1400
Factors that Can Affect Your Financial Recovery
While there is no average settlement for a car accident back and neck injury, some common factors can determine how much you can recover.
The Evidence Available
How much evidence we can collect after your accident will indicate how much compensation you may be entitled to. Generally, we have to collect forms of evidence such as:
- Police reports
- Dash and traffic camera footage
- Witness testimony
- Medical records
- Driving records
We can use the evidence we collect to prove the at-fault party’s liability, including:
- Duty: The at-fault party should have taken measures to keep you safe. For example, they should have driven at the proper speed to avoid an accident.
- Breach of duty: The at-fault party did not take the appropriate measures to keep you safe.
- Causation: Their negligent action or inaction directly caused the accident
- Damages: You suffered injuries and losses as a result of the accident.
If we cannot collect the evidence necessary to prove the above criteria, it could affect your right to compensation.
How Much You Contributed to the Accident
Another factor that could affect how much of your losses you can recover is your own degree of fault. Some states allow you to recover compensation following an accident even if you contributed to it. Still, your award will be reduced by your percentage of fault, as affirmed by the Legal Information Institute (LII).
For example, if the other driver ran a red light and blind-sided you, but you were speeding at the time, you could have been 30% at fault for the accident. If your damages amounted to $10,000, your recoverable compensation would be 30% less than that, or $7,000.
However, other states could bar you from seeking financial recovery if you contributed to the accident. An attorney from our team can explain the laws in your state.
The Statute of Limitations
Each state has different laws setting the deadline by which you must file a lawsuit for your personal injury case, as the American Bar Association (ABA) notes. They can range from one to six years after the accident, and there are usually tolling exceptions that we can explain during a consultation.
If you miss this filing deadline, a judge could bar you from collecting compensation.
A Personal Injury Lawyer From our Firm Can Help You
A car accident attorney from our team can tell you what you can recover in your settlement for your neck and back injury. They can gather the evidence, proving your damages and the other party’s fault, negotiate with the at-fault party’s insurance company and legal team, and recover a settlement for you.
If they do not think the settlement adequately covers your damages, we have no problem filing a lawsuit against the negligent party. We want to handle your case while you focus on recovering.
Call us Today for a Free Consultation
Berger and Green helps car accident injury victims seek settlements for their expenses and losses. We can help you with your personal injury case, taking care of all aspects while seeking a fair financial recovery.
Call a team member today for your free, no-obligation case evaluation.