Written by Malman Law, reviewed by Steve J. Malman.
A car accident can change your world in an instant resulting in painful injuries with expensive medical bills that quickly add up. Some of the most common damages that people experience in a car accident are neck and back injuries. For this reason, in the event of a car accident, one of the first questions the victim will have is – how much is the average settlement for someone who has suffered this type of injury? The answer to this question varies from case to case.
There are a few different factors that come into play and will influence the settlement amount for a neck or back injury sustained in a car accident. Your car accident attorney can help to outline an estimated settlement amount based on the details of your accident and injury. This amount typically depends on the severity of your neck and back injury, the injured party’s insurance policy coverage, and the insurance coverage limits of any liable parties involved.
By understanding these different factors, your Chicago car accident attorney can be prepared to negotiate with the insurance company on your behalf in order to receive just compensation.
When working with an experienced personal injury attorney after your accident, there are many different expenses that will be factored into the total damages due. Some of the key points that will impact your compensation include:
Establishing how severe your neck and back injuries are after an accident is essential in order to determine the cost of both your past medical expenses and predicted future medical expenses. Soft tissue injuries like whiplash or other muscle strains and sprains may require less rigorous treatment. You might spend just a few hours at the hospital and leave with a brace, ice pack, or other methods of treating your injuries at home.
More critical injuries to the neck, back, and spinal cord require intensive treatment and care, such as surgery and extended time in the hospital.
The number of days that you stay in the hospital and are unable to work can impact the amount of your loss of income due to time off work. For a car accident victim with a spinal cord injury, the estimated hospital stay is about ten days, but this will vary depending on the age of the victim, the health, and the severity of the injuries.
The claim settlement that you receive should include both your loss of income during the time that you are unable to work and the loss of future wages. These future wages reflect the potential loss of earnings if you are unable to go back to work in the near or extended future.
Pain and suffering refers to the non-economic damages that are incurred by a serious neck or back injury. Suddenly losing a large range of movement and experiencing debilitating pain can result in decreased mobility. Spiral cord injuries often lead to serious anxiety, post-traumatic stress disorder, and other concerning mental health issues. After an accident that affects your quality of life, pain and suffering damages are meant to compensate for the distress caused by your injuries.
Calculating a value for pain and suffering compensation varies depending on the severity of your injury. Often, this is calculated by using a multiplier that ranges between 1.5 to five times the total cost of your injury.
Taking the right steps and immediately establishing the severity of your injuries can have a large impact on the compensation you receive in the event of an accident.
First, go to see your doctor and ask for an assessment after your accident. Common injuries and symptoms after an accident include severe back pain, sharp neck pain, headaches, nausea, and more. It is important to visit your doctor even if you are not experiencing these immediately after your accident because some injuries take longer to present symptoms.
Next, contact a skilled injury lawyer who can help guide you through the claims process. Insurance companies will work to minimize the value of your claim, so working with an experienced car accident lawyer can help to maximize your compensation.
Your attorney can work directly with the insurance companies so that you can focus on resting and recovering from your injuries without the additional daily stress of dealing with your claim.
Once you start working with your attorney, they can help to collect and organize all of your medical bills and records in order to support your claim. This documentation will support the diagnosis of the injuries that you have suffered and will also show that you sought treatment for these injuries. These medical records often include the following:
Additionally, your medical records will often contain notes and comments from your doctors with details about the psychological impact of the injuries in your everyday life. This can help to show examples of your mental health pain and suffering from your injuries and demonstrate that you reached out for help to deal with these additional challenges.
Dealing with the aftermath of a car accident is challenging, especially if you have suffered injuries. Working with insurance companies and navigating through the claims process can be confusing and stressful.
At Malman Law, we are here to support our clients through this difficult time and to advocate for your maximum compensation in the event of a car accident injury. To speak with an experienced attorney, contact Malman Law for a free consultation to determine what rights you may have under the law.