Average Settlement for Car Accident Back and Neck Injury in Louisiana

Back and neck injuries are among the most common types of car accident injuries that victims endure. These injuries can range from mild strain and discomfort to catastrophic spinal damage and even paralysis. The type and severity of the injury can greatly affect the average settlement for car accident back and neck injury. Below, the Shreveport car accident attorneys at Rice & Kendig break down everything you need to know about back and neck injury settlements, from factors that affect the national average settlement amount to how to begin pursuing compensation for a back and neck injury. If you or a loved one has suffered a neck and back injury due to a negligent driver, call Rice & Kendig at 318-222-2772 to schedule a free consultation today.

What is the Average Settlement for Back and Neck Injuries Caused by Car Accidents?

The average car accident settlement for back and neck injuries can vary widely depending on several factors. Typically, settlements can range from a few thousand dollars for minor injuries to several hundred thousand dollars for severe injuries. For example, minor whiplash injuries might settle for around $2,500 to $10,000, while severe spinal cord injuries that result in paralysis can lead to settlements or verdicts exceeding $1,000,000.

It’s important to note that these figures are just averages and each case is unique. At Rice & Kendig, our Shreveport personal injury attorneys are dedicated to securing the maximum compensation possible for our clients based on the specifics of their case.

Factors That Can Affect a Car Accident Neck and Back Injury Settlement Amount

Settlements for neck and back injuries resulting from car accidents can vary significantly, influenced by a multitude of factors. Understanding these factors is crucial for accurately estimating the potential value of a claim. At Rice & Kendig, our experienced personal injury attorneys meticulously evaluate each element to build a robust case for our clients. These factors include the severity of the injury, the necessity and extent of medical treatment, the presence of permanent disability, the impact on the victim’s ability to work, the degree of pain and suffering endured, the apportionment of fault, and the applicable insurance policy limits. Each of these elements plays a pivotal role in determining the final car accident settlement amount.

The Severity of the Injury

The severity of the injury is a primary determinant of the settlement amount in neck and back injury cases. Minor injuries, such as mild strains or sprains, may result in lower settlements due to their relatively quick recovery times and minimal medical costs. In contrast, severe neck and spine injuries such as herniated discs, vertebral fractures, or spinal cord damage typically warrant higher compensation. More severe injuries often require extensive medical treatment, including surgeries, ongoing rehabilitation, and long-term care. Additionally, the impact on the victim’s quality of life and daily functioning is much more pronounced with severe injuries, justifying a higher back or neck injury settlement amount. At Rice & Kendig, we ensure that the full extent of the injury’s impact is thoroughly documented and presented to secure the maximum possible compensation for our clients.

Whether Surgery and Extensive Treatment is Required

The requirement for surgery and extensive medical treatment significantly influences average car accident settlements for back and neck injury cases. Injuries that necessitate surgical intervention are generally more severe and lead to higher medical expenses. These cases often involve not only the costs of the surgery itself but also the expenses related to pre-surgical medical appointments, post-surgical rehabilitation, and potential complications. Extensive treatment can also include long-term physical therapy, pain management, and follow-up visits with medical specialists. All these factors contribute to a higher settlement amount, as the injured party must be compensated for the substantial financial burden of their medical care. 

Shreveport auto accident attorneys at Rice & Kendig work closely with medical experts to accurately assess and document all necessary treatments for serious injuries, ensuring that our clients receive compensation that truly reflects their needs.

Whether the Injury Results in Permanent Disability

Permanent disability resulting from a neck or back injury is a critical factor in determining the settlement amount. When such an injury leads to a permanent disability, the victim faces lifelong challenges that impact their ability to work, perform daily activities, and enjoy life. This can include partial or total paralysis, chronic pain, or loss of function in certain body parts. The financial implications are vast, encompassing not only ongoing medical care but also modifications to the home, assistive devices, and personal care services. Additionally, the emotional and psychological toll of permanent disability is significant, often requiring counseling and mental health support. 

At Rice & Kendig, we ensure that these long-term impacts are comprehensively accounted for in the settlement, advocating for compensation that addresses both the economic and non-economic damages our clients endure.

Whether the Injury Prevents You From Returning to Work

The impact of an injury on a victim’s ability to work is a substantial component of the settlement calculation. If a neck or back injury prevents the victim from returning to their previous job, either temporarily or permanently, the settlement must compensate for lost wages and reduced earning capacity. This calculation includes not only the immediate loss of income during the recovery period but also any future income that will be lost due to an inability to work at the same capacity or in the same field. For example, if an injury forces a skilled laborer to shift to a less physically demanding, lower-paying job, the settlement should reflect this reduction in earning potential. 

At Rice & Kendig, our Shreveport personal injury lawyers work with vocational experts and economists to project the long-term financial impact of our clients’ injuries, ensuring that their settlements adequately cover these losses.

Whether or Not There is Extensive Pain and Suffering

Pain and suffering are significant factors in determining the value of a settlement for neck and back injuries. These non-economic damages compensate for the physical pain, emotional distress, and decreased quality of life resulting from the injury. Unlike economic damages, which are based on quantifiable financial losses, pain and suffering are subjective and can vary widely from case to case. Chronic pain, sleep disturbances, anxiety, depression, and the inability to engage in previously enjoyed activities are all aspects that contribute to this category. 

Percentages of Liability

In Louisiana, which follows a comparative fault system, the percentage of liability assigned to each party involved in the accident can significantly affect the settlement amount. If the injured party is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For instance, if you are found to be 20% at fault for the accident, your total settlement will be reduced by 20%. This comparative fault principle underscores the importance of accurately determining and proving the fault of all involved parties. A Shreveport car accident lawyer at Rice & Kendig will conduct thorough investigations, gather evidence, and work with accident reconstruction experts to build a strong case that minimizes the client’s liability and maximizes their potential settlement.

Insurance Policy Limits

Insurance policy limits are another critical factor that can influence the settlement amount for personal injury cases. The at-fault driver’s insurance policy will only cover damages up to its maximum limits. If the damages exceed these limits, the injured party may need to seek additional compensation through their own underinsured motorist coverage or by pursuing a personal injury lawsuit against the at-fault driver directly. Understanding the available insurance coverage is essential for accurately estimating the potential settlement. At Rice & Kendig, we meticulously review all applicable insurance policies and explore all possible avenues for compensation to ensure that our clients receive the full amount they are entitled to, regardless of the limitations of the at-fault party’s insurance coverage.

Common Back and Neck Injuries From Car Accidents and Their Possible Settlement Value

Back and neck injuries from car accidents can vary widely in terms of severity and required treatment. Here are some common types of injuries and their possible settlement values.

Spinal Cord Injuries and Paralysis

A spinal cord injury is the most severe type of injury that can result in partial or complete paralysis. Settlements for these injuries can be substantial due to the extensive medical care required, ongoing rehabilitation, and the significant impact on the victim’s life. The average settlement amount for a spinal cord injury often exceeds $1,000,000, especially if the injury results in paraplegia or quadriplegia.

Whiplash

Whiplash and soft tissue injuries are common injuries in car accidents, especially rear-end collisions. A whiplash injury occurs when the neck is suddenly jolted back and forth. While whiplash is often considered a minor injury, it can still cause significant pain and require physical therapy. A neck injury average settlement for whiplash typically ranges from $2,500 to $10,000, but can be higher if the injury leads to long-term complications.

Herniated Discs and Pinched Nerves

A herniated disc occurs when the cushioning between the vertebrae in the spine ruptures or slips out of place, potentially compressing nearby nerves. This can cause severe pain, numbness, and weakness. The average settlement amount for herniated discs can range from $20,000 to $100,000 or more, depending on the severity and the required treatment.

Vertebral Fractures

Fractures to the vertebrae can be very serious and may require surgery and extensive rehabilitation. The settlement for vertebral fractures can vary widely, often ranging from $50,000 to several hundred thousand dollars, depending on the impact on the victim’s life and the need for ongoing medical care.

How to Pursue Compensation for a Neck or Back Injury

Pursuing compensation for a back or neck injury sustained in a car accident involves a detailed and strategic approach to ensure that you receive the maximum amount of compensation you are entitled to. The process typically begins with filing an insurance claim and, if necessary, progresses to filing a personal injury lawsuit. Each step involves gathering substantial evidence, understanding the legal framework, and often negotiating with multiple parties. It’s essential to have experienced legal representation to navigate this complex process effectively. A Shreveport personal injury attorney will guide you through each stage, from initial claim to potential litigation, ensuring your rights are protected and your case is presented compellingly.

Filing an Insurance Claim

Because Louisiana is an at-fault state when it comes to car accidents, the first step in pursuing compensation for a neck or back injury is filing an insurance claim with the at-fault driver’s insurance company. This process involves notifying the insurer about the accident and providing detailed documentation of your injuries and damages. It’s crucial to include all relevant medical records, police reports, witness statements, and any other evidence that supports your claim. The insurance company will then conduct its own investigation, which may include reviewing your medical records, examining the accident scene, and speaking with witnesses.

Throughout this process, the insurance adjuster will assess the extent of your injuries and the associated costs. One of the top things to know when talking to an insurance claim adjuster is that the initial settlement they offer will likely be lower than what you deserve, as insurance companies often aim to minimize payouts. Therefore, negotiation is a critical component of filing an insurance claim. Each Shreveport personal injury attorney at Rice & Kendig has extensive experience negotiating with insurance companies. We advocate fiercely on your behalf to ensure the settlement offer reflects the true extent of your injuries and related expenses. If the insurance company refuses to provide a fair neck or back injury settlement, we are prepared to escalate the matter further.

Filing a Personal Injury Lawsuit

If filing an insurance claim does not result in a fair settlement for car accident back and neck injury, the next step is to file a personal injury lawsuit. This legal action is taken to pursue full compensation for your injuries through the court system. Filing a lawsuit begins with drafting and submitting a formal complaint that outlines the details of the accident, the injuries sustained, and the damages sought. This document is then served to the at-fault party, who will have a specified period to respond.

The discovery phase follows, where both parties exchange information and gather evidence. This phase may include depositions, interrogatories, and requests for documents. It’s a critical period for building a strong case, as it allows for in-depth examination of the circumstances surrounding the accident and the impact of the injuries. Expert witnesses, such as medical professionals and accident reconstruction specialists, may be called upon to provide testimony that supports your claim.

During the litigation process, there may be opportunities for neck or back injury settlement negotiations. Often, parties prefer to settle out of court to avoid the uncertainties and expenses associated with a trial. However, if a fair car accident settlement cannot be reached, the case will proceed to trial. At trial, both sides present their arguments, evidence, and witness testimonies to a judge or jury, who will then decide the outcome.

Navigating a personal injury lawsuit can be complex and daunting, but having skilled legal representation is crucial for success. Shreveport personal injury attorneys at Rice & Kendig are adept at handling the intricacies of personal injury litigation. We meticulously prepare each personal injury claim, ensuring all evidence is robustly presented, and advocate passionately for our clients’ rights in court. Whether through settlement or trial, our goal is to secure the maximum compensation to which our clients are entitled, reflecting the full extent of their injuries and suffering.

Damages for a Neck or Back Injury Caused by a Car Accident

You may be wondering: what damages can I recover after a Louisiana car wreck? The damages you can claim for a neck or back injury from a car accident typically fall into two categories: economic and non-economic damages. An experienced car accident attorney will help car crash victims accurately quantify these damages so that they can be compensated for them in their average settlement for car accident back and neck injury.

Economic Damages

Economic damages are quantifiable and can include:

• Medical expenses: This includes all the medical expenses associated with neck and back injuries, including all past medical expenses for hospital stays, surgeries, medications, physical therapy. This compensation will also cover any future medical care required due to the injury.
• Lost wages: Compensation for income lost due to the inability to work while recovering from the injury.
• Loss of earning capacity: If the injury prevents you from earning the same amount of money as before, you may be compensated for the difference.
• Property damage: Costs to repair or replace your vehicle and any other property damaged in the accident.

Non-Economic Damages

Non-economic damages are more subjective and can include:

• Pain and suffering: Compensation for physical pain and emotional distress caused by the injury.
• Loss of enjoyment of life: If the injury prevents you from enjoying activities and hobbies you once loved.
• Emotional distress: Psychological problems after an accident are very common. This can include anxiety, depression, and other mental health issues resulting from the accident and injury.
• Loss of consortium: Compensation for the impact the injury has on your relationship with your spouse or family.

Our Car Accident Neck and Back Injury Settlement Results

Our Shreveport motor vehicle accident attorneys have decades of combined experience in handling all sorts of car accident cases and helping our clients recover maximum compensation for their back or neck injuries. Below, we list some of our most recent car accident settlements for neck and back injuries.

• $1,996,460: The client was rear-ended while sitting at a stop sign. Their resulting neck and back injuries led to headaches, disability, and surgery. A Shreveport rear-end collision lawyer was able to recover nearly $2 million to cover all the client’s damages.
• $1,855,500: The defendant driver’s failure to stop at a stop sign caused a collision injuring the client’s back, chest, knee, hip, leg, and ankle which required surgery. The airbags also deployed, causing airbag injuries.
• $1,500,000: The client was hit head-on by a delivery truck sustaining injuries to the knee, hand, neck, and back. The neck injury required surgery.
• $1,000,000: The client was rear-ended by a drunk driver of an 18-wheeler causing them to suffer short-term memory loss and injuries to the head, neck, shoulders, and back. Our Shreveport drunk driving accident lawyers were able to recover maximum compensation to cover all the client’s damages.
• $1,000,000: The client was hit by a commercial vehicle that ran a stop sign. They suffered injuries to the neck, back, and knee requiring interventional pain management.
• $987,610: The client was rear-ended multiple times by a big rig causing PTSD and spinal injuries that required spinal fusion surgery, physical therapy, and counseling.
• $950,000: The client was hit by a delivery truck and the vehicle rolled over. Their injuries included six broken ribs and a neck injury requiring extensive medical treatment.
• $950,000: An 18-wheeler driver turned left, without the protection of a green arrow, in front of this client. The collision caused injuries to the neck, low back, hand, shoulder, hip, foot, ankle, and eye. Our Shreveport 18 wheeler accident lawyers recovered sufficient damages for all their medical costs and suffering.
• $800,000: A head-on collision left this client with back and neck injuries as well as seat belt injuries. The client’s recovery was lengthy and included physical therapy and injections.
• $650,000: An 18-wheeler driver was rear-ended by another 18-wheeler causing the victim to suffer headaches and a severe neck injury.
• $550,000: The client was rear-ended by a big rig causing low back and neck pain. Their physical recovery and treatment included injections, physical therapy, and counseling.
• $500,000: The client was t-boned by a city vehicle sustaining neck and back injuries, TMJ, and headaches that required them to seek medical attention immediately. The client needed extensive physical therapy and multiple injections to recover. Our Shreveport t-bone accident lawyers helped them recover enough compensation to make a full recovery.

Call Shreveport Car Accident Lawyers at Rice & Kendig Today

If you or a loved one has suffered a neck or back injury in a motor vehicle accident, it is crucial to seek legal representation from an experienced personal injury attorney to navigate the complex process of pursuing compensation. At Rice & Kendig, our dedicated team of Shreveport car accident lawyers has extensive experience in handling all types of personal injury claims, including those involving serious back and neck injuries. We understand the profound impact such injuries can have on your life, from mounting medical bills to the loss of income and enduring pain and suffering. Our commitment is to fight tirelessly on your behalf to recover more than just the average settlement amount for these injuries so that you can make a full recovery.

Don’t face this challenging time alone; call Rice & Kendig at 318-222-2772 today to schedule a free consultation and let us help you obtain the maximum back or neck injury settlement you deserve.