How Much Is a Back Injury Worth in an Accident?

Dealing with the aftermath of a back injury from an accident on the road, during your commute, or at work can be challenging. It’s difficult to estimate the cost of your recovery and future care. An experienced personal injury lawyer can help. They will assess your situation, gather the necessary documents, like medical bills and lost wages, and consider your pain and suffering. They will then determine a fair value for your personal injury claim.

Munley Law Personal Injury Attorneys has over sixty-five years of experience with back injury accident claims. We have the resources to help our clients file a claim and receive maximum compensation. Contact one of our skilled attorneys at Munley Law Personal Injury Attorneys today for a free case evaluation.

How Much Is the Average Settlement for a Back Injury?

The Occupational Safety and Health Administration (OSHA) reports back injury claims to average between $40,000 and $80,000. Many different factors impact the settlement value. Accident victims must understand these considerations when drafting a potential settlement.

Common Causes of Back Injuries

Everyday activities can cause back injuries. Accidents are more likely when you are in a hurry. They also happen when you rely on others to be careful.

Slips, Trips, and Falls

Slips, trips, and falls can cause back injuries. People often land on their backs, and the way they fall usually causes the injury. Twisting the spine during a fall can lead to fractures, disc injuries, or herniated discs. If the injury is muscular, it may show up as sprains or strains.  Common slip and fall accidents that occur due to negligence include:

Slips

• Wet or slick surfaces: Neglected spills in the workplace
• Hazardous weather: Ice, snow, or rain can create slippery passage routes
• Loose unsecured surfaces: Mats or rugs must remain intact for safe passage

Trips

• Cluttered pathways: Common areas must be clear of debris and clutter for public passage.
• Inadequate lighting: Public areas must be well-lit to ensure people can see where they are treading.
• Unmarked changes in terrain: If the surface grading changes in a public area, there should be a forewarning.
• Loose flooring: Carpets, tiles, and mats should be flush to the floor to ensure uninterrupted and safe passage.

Falls

• Stairs accidents: Poor maintenance, lack of handrails, and structural issues can trigger falls.
• Falls from heights: Ladders, platforms, and scaffolds may have improper ties or baselines. The foundations of a balcony or railing can be poorly designed, constructed, or maintained.
• Elevators and escalators: Sudden malfunctions may include jerking, leading to instability and falls.

Car Accidents

Car accidents often cause back injuries. Spinal fractures and muscle injuries are common in car accident cases. The force of a crash can damage the back, leading to back pain, neck injuries, whiplash, soft tissue injuries, herniated discs, and severe injuries. Even small accidents, like fender benders, can cause significant harm. People may not seek medical attention right away because they feel fine due to adrenaline masking the pain. Injuries can show up later. Consult a car accident lawyer for a free consultation for your auto accident, to ensure you don’t underestimate the value of your car accident settlement.

Workplace Hazards

Jobs that require lifting heavy loads, repetitive movements, and long periods of sitting and standing can impose common back problems in these settings, including back injuries that commonly present themselves as muscle sprains, strains, and herniated discs:

• Lifting heavy items can strain your back muscles
• Repetitive work can cause wear and tear over time
• Extended sitting without mindful posture and ergonomic considerations for your chair and desk height can eventually cause painful spinal sacral injuries.

When you have been injured, it is critical to receive medical attention immediately and to document as much as you can when possible. The timeliness of receiving care impacts how compelling your personal injury case will be in your settlement negotiations.

Factors Influencing the Value of a Back Injury Claim

The value of  your back injury settlement payout is influenced by how insurance companies estimate damages. Factors include the type of injury, the severity of your injury, the extent of medical care that you receive and need, your financial losses, changes in your quality of life, and the potential for future expenses.

Severity of the injury

The severity of your back injury plays a significant role in determining your settlement value: the more serious the injury, the higher the settlement value. Injuries can range from mild sprains to a severe back injury causing permanent disability.  These include:

• Muscular sprains: Injuries to the muscle ligaments. Sprains are common after sudden, jerking movements or picking up heavy objects.
• Muscular strains: Injuries to the muscle tendons. Like sprains, strains are often experienced after a quick, forced gesture.
• Whiplash: This neck injury is caused by a sudden back-and-forth strain of the neck muscles. Whiplash injuries are common in car accidents when the impact of the force causes the head to jerk violently back and forth before it can stabilize on its own.
• Herniated discs: A ruptured or slipped disc pressing on nerves can create tremendous discomfort and impairments in movement and walking.  A herniated disc can cause sciatica, a nerve pain often experienced along the sciatic nerve, radiating from the hip and down the leg.
• Bulging discs: A disc may move out of its normal position and protrude, sometimes placing pressure on surrounding nerves and the spinal cord.
• Fractured vertebrae: An accident can cause a break in the spinal column’s bones. In certain circumstances, the victim may need spinal fusions and repairs.
• Compression fractures: Compression may result in a vertebral fracture when the spinal column is forced in an upward or downward gesture.
• Spondylolisthesis: Occurs when the vertebrae move out of place and are dependent on the bone below them for support, resulting in additional pressure.
• Spinal stenosis: An accident can impact the integrity of the spinal column, resulting in compression of the spinal cord and nerves, ultimately causing chronic pain.
• Sacroiliac joint dysfunction: Abnormal movement in the lumbar spine and sudden intense pressure to this joint can cause pain in the buttocks and lower back injury.
• Spinal cord injuries: Severe spinal injuries can cause loss of movement below the injury site. This can affect the lower body or all extremities. Neck (cervical) injuries are the most serious and can result in quadriplegia or tetraplegia.

Determining the types of damages and severity of injury allows insurance adjusters to alter the settlement payout accordingly; however, insurance companies are notorious for offering minimal settlements as early as possible as bait for victims to get timely financial relief. Be cautious about accepting early on — once you take it, future dealings are off the table. Contact an experienced personal injury attorney at Munley Personal Injury Attorneys for a free case evaluation.

Medical expenses

To estimate the cost of medical treatment for your back injury, you should include a review of your medical records, the care you have received, and the care you will receive.  Considerations include:

• Emergency room visits
• Doctor consultations
• Diagnostic tests such as X-rays, MRIs, CAT scans and imaging screens
• Hospitalizations
• Surgeries
• Physical therapy
• Rehabilitation all-encompassing programs
• Chiropractic care
• Massage therapy
• Mental health services
• Home health care
• Medications
• Medical equipment
• Injections and other pain management
• Required home modifications for mobility

The settlement amount should account for current and future medical expenses. An experienced personal injury attorney has the resources and skills to account for these projections in settlement offers.

Lost wages and loss of earning capacity

You may experience financial hardships if your income is compromised due to your injury.  You are entitled to compensation for your loss of wages. When you have been incapacitated due to a back injury, dealing with the pain can be challenging enough. You may be under doctors’ orders to remain in bed, and in the most devastating scenarios, you may no longer be mobile.

The loss of work and income becomes a reality quickly, and seeking fair compensation to cover your losses becomes urgent. Munley Law has over sixty-five years of experience handling personal injury cases and negotiating with insurance adjusters. A skilled personal injury attorney can win a higher settlement for your claim. Contact our experienced personal injury attorneys today.

Pain and suffering

When you’re dealing with a back injury from an accident, the amount of physical pain and suffering you feel can seem unimaginable and is definitely to be considered in your settlement. A back injury can cause chronic pain, limit your mobility, and change your everyday lifestyle and mental well-being. Emotional distress, also known as mental anguish,  caused by your injury can make you feel defeated and decrease your quality of life.

Quality of life

Coming to terms with how your back injury may limit your ability to perform daily activities can be debilitating in so many ways, both physically and emotionally:

• Limiting mobility
• Bringing on a diminished quality of life
• Limiting the hobbies and recreational activities you can actively pursue
• Creating a need for assisted or continued care

You may not be as independent as you once were, which may be a temporary or permanent reality. You are entitled to be compensated for the impact this has on your daily life, and the more significant the changes are, the higher your potential settlement amount will be.

Calculating Economic Damages

Economic damages are the tangible financial costs you incurred because of an injury. There is a physical trail to monetary damages, which attests to past and future expenses. Accurate record-keeping and proper documentation are musts for securing a fair back injury settlement.

Medical bills and future medical costs

Keep all receipts and records for doctors’ visits, screenings, and rehabilitative care. A back injury is much more complex than an isolated joint injury because the spinal cord houses nerves responsible for transmitting information throughout your body. The impact that trauma has on the spine can be delayed and can also impose long-lasting effects that force victims to learn new ways and new daily activities. If necessary, a back injury case should also have a reputable attorney overseeing documentation and medical records and seeking expert opinions about your forecasted means of future care.

Rehabilitation and physical therapy

The type of back or spinal injury  will determine the appropriate prescribed course of care. Rehabilitation and physical therapy are necessary for pain management, preventing further injuries, and corrective strengthening, stabilization, and care. Sessions are prescribed and often costly, so receiving medical attention immediately after an accident is essential; documentation of your care is your paper trail and lifeline in tracking your medical needs and settlement valuation.

Lost income and future earning potential

Your regular wages and bonuses are calculated from the time of the injury to the present. Your calculations should include estimates of future income loss due to your inability to work or reduced earning capacity. Pay stubs and record keeping are a must here.

An experienced personal injury attorney will help establish your earning capacity and future losses properly. Your attorney will consult with economists, doctors, and other specialists who will consider your age, occupation, skillsets, and anticipated career path when calculating your potential losses. These professional specialists will evaluate the severity of your disability, the likelihood of your returning to work, and your ability to continue in your current career despite the injury.

Calculating Non-Economic Damages

Non-economic damages are those in a personal injury claim that are not measured by bills, costs, or losses shown in documents.  They represent the intangible damages that you have suffered and consider the emotional and mental strains and struggles that your accident has brought on. These damages are more challenging to quantify and calculate; they include:

Pain and suffering

Professional experts’ testimonies are relied on to determine how your pain threshold and management affect your quality of life. Considerations are:

• The extent of the injury
• How long the recovery takes
• The long-term effects on daily life

Ultimately, the agreed-upon compensation is made to provide financial relief for the victims’ struggles from the back injury.

Emotional distress

Any emotional trauma, anxiety, or depression from the back injury is to be evaluated by a skilled therapist and assessed. Testimonies to establish the victims’ pre-existing conditions, if any, may also be made. Ultimately, compensation is intended to account for the emotional distress and physical pain experienced by the victims.

Loss of enjoyment of life

The loss of enjoyment of life takes into account pain, suffering, and emotional distress. This type of non-economic damage targets how emotionally debilitating a serious back injury can be and how it can affect everything around you. It can affect your ability to find pleasure in everyday activities and experiences and even test your patience with those you love the most.

This loss of enjoyment also includes the physical pain you fight through, the emotional struggles like anxiety and depression, and the overall impact of your injury on your well-being. Frustration and pain can seem impossible. Feelings can be hard to manage when so much seems out of control. Properly informed evaluations of these damages are necessary for your back injury case. Assessments address how the injury has diminished your quality of life and personal fulfillment. Although hard to quantify, compensation for loss of enjoyment of life is meant to deliver recognition and relief for your losses’ emotional and mental toll.

Establishing Liability in Back Injury Claims

Demonstrating that the defendant owes the plaintiff a duty of care is the basis of any personal injury claim.  To prove liability, your personal injury attorney will:

• Establish duty of care: Show that someone had a duty of care to keep you safe
• A breach in the duty of care: negligent party violated their legal responsibility
• Causation: Prove that the breach of duty directly caused you harm
• Damages: Prove that you have been injured or suffered damages, such as providing receipts of care and medical bills
• Collect evidence: Collect medical records, receipts, photos of the accident, witness testimonies, and expert testimonies

Consult with legal counsel for a free consultation to make sure you are on the right path for the maximum compensation.

How an Attorney Can Help You Obtain the Maximum Back Injury Settlement Amount

Dealing with the claims process of a back injury can be overwhelming, but you don’t have to do it on your own. At Munley Law Personal Injury Attorneys, our legal team brings over six decades of experience to your case. We have a strong track record of winning significant client settlements and verdicts.

We offer in-depth personal injury legal services, from initial consultations to courtroom representation. Our team is committed to advocating for your rights and securing the maximum compensation you deserve, whether negotiating with insurance companies or fighting in court.

Call us today for a free initial consultation to discuss how we can help your case.