A car accident can leave you with painful and lasting injuries. If you suffered a neck and back injury from a car accident, you may be wondering how much compensation you can expect.
While there is no easy way to calculate the average settlement for a car accident back and neck injury, understanding the factors that impact your claim can help you anticipate what to expect.
What Affects a Back and Neck Injury from a Car Accident Settlement?
Every car accident case is unique. The value of your injury claim depends on several key factors. Read on to learn more about each one.
Severity of Your Injuries
The extent of your injuries plays a significant role in determining your compensation. A minor strain or whiplash case will likely settle for less than a severe spinal injury requiring surgery.
Common back and neck injuries include whiplash, herniated discs, spinal cord damage, and chronic pain. The more serious the injury, the higher the potential settlement.
Medical Expenses and Treatment Needs
Medical costs are a significant component of any neck and back car accident injury. Damages include emergency room visits, physical therapy, and long-term treatment. If your injury requires ongoing medical care, those expenses should be included when determining your claim’s value. Keeping thorough medical records strengthens your case.
Lost Wages and Impact on Employment
If your injury prevents you from working, lost wages are essential to your potential case value. This figure includes past lost income and possible impact on future earning capacity. If your injuries result in long-term disability, the financial consequences can be significant.
Liability and Fault in the Accident
North Carolina follows a contributory negligence rule. That means if you are even partially at fault for the crash, you may be unable to recover any compensation. Being 1% at fault means you receive nothing.
Establishing that the other driver was entirely at fault is crucial to securing a fair settlement. Evidence such as police reports, witness statements, and accident reconstruction can help support your claim.
Pain and Suffering Damages
Not all damages are financial. Chronic pain, emotional distress, and reduced quality of life all factor into your claim. While no neck injury settlement calculator guarantees an exact amount you will receive, more severe pain and long-term suffering generally result in higher values. These damages are subjective, but an attorney can help assign a reasonable value based on similar cases.
Available Insurance Coverage
The at-fault driver’s insurance policy often limits a settlement’s value. If they only carry minimum liability coverage, your ability to recover compensation could be restricted. However, your underinsured motorist coverage (UIM) may be a source of additional compensation. Understanding your insurance options can be crucial in maximizing your settlement.
Why There’s No True “Average” Settlement Amount
Many online sources may try to estimate an “average” neck and back pain after a car accident settlement, but the truth is that every case is different. The same injury in two cases could lead to vastly different outcomes based on the above factors. Instead of relying on broad estimates, it’s best to consult with a car accident attorney who can assess the specific details of your case.
Common Challenges in Neck and Back Injury Settlements
Victims often face challenges when seeking compensation for neck and back injuries. Insurance companies may argue that injuries were pre-existing or not caused by the accident.
Additionally, delays in medical treatment or failure to follow prescribed care can be used to minimize claims. Having an attorney handle negotiations can prevent these tactics from reducing your settlement.
Do You Need a Lawyer to Settle a Back and Neck Injury Claim?
While it is possible to handle a claim on your own, working with a car accident lawyer will improve your chances of receiving full compensation. Attorneys understand how to calculate damages, negotiate with insurers, and present strong evidence to support your claim. If an insurance company refuses to offer a fair settlement, an attorney can take the case to court.
What to Do After a Car Accident in North Carolina
Taking the proper steps after an accident can protect your right to compensation. First, seek medical attention immediately, even if you feel fine, since neck and back injuries can worsen over time. Follow your doctor’s treatment plan to strengthen your injury claim.
Additionally, gathering evidence, such as photos and police reports, will help build a strong case. Avoid speaking with insurance adjusters until you consult a lawyer; they may try to minimize your settlement.
How an Attorney Can Help You Maximize Your Settlement
Contacting an experienced attorney can make all the difference if you seek more information on the average payout for a back injury in a car accident.
At Mehta & McConnell, PLLC, we fight to get you the compensation you deserve by gathering evidence, calculating damages, and negotiating with insurance companies. If the insurance company is unwilling to settle, we are prepared to take your case to trial.
Talk to Our North Carolina Car Accident Lawyers Today
A car accident can change your life, but you don’t have to face the challenges alone. If you’ve suffered a neck and back injury from a car accident, let us help you understand your rights and fight for fair compensation. Our attorneys have decades of combined experience recovering compensation for injured car accident victims in North Carolina. Contact Mehta & McConnell, PLLC, today for a free consultation.
Viral Mehta
Viral Mehta is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. He enjoys spending time with friends and family, traveling, sports, and reading.
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