- Factors determining the settlement for a car accident include the injury’s severity, the amount of the victim’s lost wages, the attorney’s negotiation skills, and many others.
- The at-fault driver’s insurance company may claim the victim was already injured before the accident, and they’re trying to get that driver to pay for their medical treatment.
- A reputable attorney will only promise a specific settlement for a neck and back injury after first having all the facts of the case.
Enter “average settlement for car accident neck and back injury” into Google, and you’ll find wildly fluctuating numbers. Different websites have different figures, with some going as low as $10,000 and others as high as $1 million. How can you believe any of them?
The reality is you should be skeptical of websites that throw out a bunch of numbers. Many factors determine how much someone might get in a settlement for a neck and back injury. You’ll learn about some of these factors in this article.
At Sand Law, we won’t promise you’ll obtain a specific settlement for a car accident injury. However, we promise to do all we can to build the strongest possible case and help you get every dollar you deserve. Schedule a free consultation by calling 701-609-1510 or contacting us online.
Factors That Determine the Settlement of a Car Accident
Car accidents can lead to a variety of injuries, with neck and back injuries being among the most prevalent and impactful. Researchers estimate that 869,000 people in the US suffer cervical spine injuries in car wrecks yearly.
You must remember that determining the value of your case can be complex. Here’s a look at some factors that will impact the amount of the settlement for a back and neck injury you may receive.
The Severity of the Injury
Injuries that result in long-term or permanent damage, such as spinal cord injuries or herniated discs, typically command higher settlements due to the lasting impact on the victim’s life.
The extent of medical treatment required, including surgeries, rehabilitation, and ongoing therapy, significantly influences the compensation sought. A spinal cord injury can cost the victim as much as $1 million in the year after an accident.
The level of pain and suffering experienced by the victim will also contribute to the settlement for a car accident. Chronic pain, loss of mobility, and emotional distress resulting from neck and back injuries can increase a victim’s damages (the financial losses incurred due to the accident). Consequently, the settlement amount could increase as well.
Neck and back injuries may require long-term medical care, therapy sessions, and additional surgeries. Attorneys work closely with medical professionals and experts to calculate the anticipated future expenses accurately, ensuring that the settlement adequately covers the victim’s ongoing healthcare needs.
Lost Wages and Lost Earning Capacity
The impact on a victim’s financial stability is another critical consideration in settlement negotiations.
Victims with neck and back injuries often experience a loss of income due to missed work days during recovery. If this has happened to you, your settlement for a car accident should include compensation for these lost wages.
Beyond immediate lost wages, attorneys also consider a victim’s lost earning capacity. If the injury is debilitating, the victim may no longer be able to work. If they can work, they might have to take a lower-paying job. In this instance, their attorney will seek compensation for the long-term impact on their earning potential.
Liability and Comparative Negligence
Establishing liability in a car accident claim is fundamental. The party at fault, or their insurance provider, is typically responsible for compensating the injured party. However, the concept of comparative negligence can impact the settlement amount.
Minnesota is a comparative negligence state. This means if the court assigns blame to a victim, they’ll reduce the victim’s compensation proportionally. Suppose the court says the victim is 20% to blame, and their damages are $100,000. That victim would receive 20% less, or $80,000.
Insurance Policy Limits
The insurance policy limits of the at-fault party’s coverage can also play a crucial role in determining the settlement for a neck and back injury.
If the responsible party has limited coverage, it may restrict the available funds for compensation. In such cases, the victim’s attorney may explore alternative avenues, such as filing a claim with their insurance provider under uninsured or underinsured motorist coverage.
Legal Representation and Negotiation Skills
Your choice of car accident attorney will also significantly impact the settlement for a car accident. Experienced attorneys know how to negotiate effectively with insurance companies. Their knowledge of personal injury law, familiarity with precedents, and negotiation skills contribute to their ability to secure favorable settlements.
The best lawyers consider all relevant factors when determining the appropriate settlement amount. They understand the nuances of neck and back injuries and can communicate the extent of the victim’s losses. These qualities in an attorney can strengthen the victim’s negotiation position and help them obtain a fair settlement.
Pre-Existing Conditions and Aggravation of Injuries
Pre-existing conditions can complicate settlement negotiations for neck and back injuries. Insurance companies may argue that the injuries existed before the accident and seek to minimize their responsibility. However, if the accident aggravated or exacerbated pre-existing conditions, victims are entitled to compensation for the worsening of their injuries.
Medical experts and documentation are crucial in establishing the connection between the accident and the aggravation of pre-existing conditions. Attorneys work to present a clear and compelling case, demonstrating the impact of the accident on the victim’s overall health and well-being.
Speak With an Experienced Sand Law Car Accident Lawyer
The attorneys with Sand Law will never say you’ll make a certain amount of money in a settlement for a car accident. No ethical lawyer would ever make that kind of statement without knowing all the facts of the case.
But when you turn to us, you’ll work with an attorney who will work passionately to help you obtain maximum compensation. We have a long track record of success in car accident cases and are ready to help. Please use our online form or call 701-609-1510 for a free case review.
Frequently Asked Questions
How does the legal concept of comparative negligence impact settlement amounts for neck and back injuries in car accidents?
Comparative negligence can impact settlement amounts by proportionally reducing compensation if the victim is found partially at fault for the car accident. The final settlement is adjusted based on the percentage of fault attributed to the injured party, as determined through legal proceedings or negotiations.
How do car accident attorneys counter insurance company arguments regarding pre-existing conditions and the aggravation of previous injuries?
Car accident attorneys counter insurance company arguments about pre-existing conditions and aggravated injuries by presenting evidence, including medical documentation and expert testimony.
How do economic experts assess diminished earning capacity and future income losses for victims with neck and back injuries?
They consider the victim’s pre-accident earnings, the impact of the neck and back injuries on the ability to work, and potential long-term consequences.