Average Neck Injury Settlement Amounts
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Whiplash & Neck Injury Settlement Amounts
Head, neck, and back injuries are unfortunately all too common in car accidents throughout Texas. These types of injuries can cause a wide variety ranging from mild sprains to broken bones that result in lifelong impairment or death. After suffering a neck injury in a rear-end accident, you might not know what your options are. Luckily, our personal injury attorney in San Antonio has extensive experience with lawsuits related to whiplash and other neck injuries nationwide. If someone else’s negligence led to your pain, let us help you fight for the compensation you deserve. Contact the Law Offices of J. Robert Davis at 210-525-9220 or fill out our online form.
Understanding Mechanism Of Injury
The mechanism of injury is the medical explanation of what happens to your body during a traumatic event that caused your injury. In other words, it’s how you got hurt. If you don’t have a clear understanding of the mechanism of injury in your neck injury claim, the jury might not understand why you need compensation. This could negatively affect how much money you get for a neck injury settlement.
If an attorney is poorly informed about medicine, they will not be able to argue as convincingly for the extent of their client’s injuries. This lowers the chance of winning the case and getting a large neck injury settlement. The more severe your injury, the greater its adverse effects become on you and your chances in court. These are the three most common types of neck injuries that can happen following a car accident:
- Cervical vertebrae fractures, as well as damage or rupture to the ligaments and soft tissue connecting them
- Spinal cord or disc damage caused by shearing and bending between the cervical vertebrae, physical stretching of the spinal cord, or direct impingement by fractured vertebrae
- Damage to soft tissues surrounding the trachea, larynx, and esophagus as well as major arteries and veins in both the head and brain
Hyperextension
A neck injury that’s the result of hyperextension often leads to damage in the soft tissues of your neck. Even though this isn’t fatal, it can cause long-term disability and should be part of your settlement request. If you know how this injury is connected to a particular type of impact (such as from a head-on collision), it might help back up your medical claim.
Whereas more common hyperextension injuries might only cause vertebrae or spine displacement, in rarer cases they can lead to full dislocation. This is fortunately much easier to prove with an x-ray or similar Institute of insurance image, which will help back up your claim for whiplash compensation if you’ve been in a car accident.
Compression-Flexion
When the head experiences an impact while bent forwards, it frequently results in vertebrae wedge and burst fractures, as well as spine dislocations. In most car accidents involving a rear-end or t-bone collision, the neck will quickly snap forward and then backward – either towards the headrest or away from it. Because of this violent motion, the average neck injury resulting from an accident is often a combination of flexion-extension injuries.
Compression-Extension
When the head is in a neutral or bent position and there’s an impact on the face, this can create fractures of the spinal processes, damage load-bearing surfaces, and spine dislocations.
Tension-Extension
Tension-extension happens when the body rapidly moves forward, resulting in the head accelerating via the neck. This can happen to passengers sitting in rear-facing seats that don’t have a headrest or one that isn’t designed well.
Common Neck Injuries Caused In Car Accidents
Injuries that do not cause long-term damage or discomfort are considered minor injuries. Usually, these types of injuries will heal on their own. Unfortunately, many car accidents result in more serious injuries that require extensive medical care and a lengthier recovery process. A few examples of more serious neck injuries caused by car accidents are:
- Muscle or tendon strains
- Whiplash injuries
- Traumatic brain injury
- Short-term memory loss
- Headaches
- Concussion
Many of these minor injuries are still quite painful and some will require medical attention. However, they will eventually go away on their own over time. It is always best to seek medical care as soon as possible for any type of injury, especially brain injuries like concussions which could worsen over time.
- Concussions and traumatic brain injuries (TBIs), or
- Whiplash
Recoverable Damages From Neck Injuries
Every neck injury claim is different and will therefore have a unique settlement value. However, there are some types of financial compensation that are more common than others. The following list includes the most frequent forms of financial compensation available to vehicle accident victims who suffer from neck injuries:
- Payment of all related medical bills and out-of-pocket expenses caused by the injuries
- Payment for the income you lose when having to receive medical treatment and time off from work because of your injuries.
- The accident victim is compensated for all of the suffering, pain, and inconvenience that he or she has to endure because of the injuries sustained in the accident.
- Compensation for a permanent neck injury or disability that resulted from the car accident
- Compensation for temporary or permanent loss of earning capacity or inability to work because of the neck injury
- Compensation for loss of spousal companionship or support that is related to the neck injury
If you have been in a car accident in Texas and now suffer from a neck injury, an experienced San Antonio neck injury lawyer can help get the compensation you deserve. If the other driver’s insurance company refuses to give you fair payment, your lawyer will take them to court and fight for what is rightfully yours.
Frequently Asked Questions
How Do Insurance Adjusters Calculate Settlement Values?
The primary objective of an adjuster working for an insurance company is to save the insurer as much money as possible. They will do so by scrutinizing your medical records, collision reports, and other documentation. A personal injury lawyer has a different perspective and will handle your case with the goal of getting you maximum compensation. Your attorney sees you as an injured person in need of medical treatment and adequate compensation. The insurance adjuster, however, only views you as a money-draining case number.
Adjusters may attempt to take advantage of any flaws in your case or that you are unrepresented to lower or eliminate your compensation. That’s why, when the insurance company offers you their first settlement proposal, you should never accept it — it’s probably undervalued and doesn’t address the severity of your injuries adequately.
How Much Is the Average Settlement for a Neck Injury After a Car Accident?
Because no two neck injuries are the same, the amount of money you receive from a car accident will depend on your individual situation. In general, though, more severe injuries often mean a higher settlement from the responsible party. For example, temporary lower back pain usually leads to a smaller payout than permanent spinal cord damage.
The average auto accident settlement falls between $2,500 and $10,000 for minor injuries that do not require physical therapy or other treatments. If the victim has sustained a neck or back injury that needs injections or physical therapy, however, they could be looking at settlements closer to $30,000. In more serious cases where there are broken bones or significant trauma involved, neck injury settlements from car accidents can exceed $100,000.
Why Does The Average Settlement For A Car Accident Vary So Much?
The average car accident compensation settlement varies because there is no such thing as a typical claim. The value of your case and, therefore, an expected settlement can be changed by many factors surrounding the accident, such as where it happened and who was deemed responsible.
All neck and back injuries from car accidents are different. Some are more serious than others, which can cause greater medical bills. More painful injuries will result in more agony and suffering than less severe ones. Also, some states allow you to claim damages for the loss of enjoyment of life. If your injuries stop you from engaging in activities you once love, this could increase your expected settlement amount.
Contact Our San Antonio Neck Injury Attorney Today
You might be worried that the insurance company’s payout for your neck injury case will fall short of what you need to cover the cost of your injuries. If you’re wondering how much neck injury settlements from car accidents are typically worth, we can help. Contact the Law Offices of J. Robert Davis today for a free consultation.