Car crashes happen every day. Florida Highway Safety and Motor Vehicles (FLHSMV) reports that nearly 570,000 drivers were involved in traffic collisions in the state in 2020 alone. While some crashes are minor fender-benders, there are hundreds of thousands of people injured in Florida in car accidents each year. Back injuries and neck injuries are among the most common—and most challenging—types of auto accident injuries. Any person who sustained a back injury or a neck injury in a crash needs full and fair financial compensation to pay bills and support their family.
This raises an important question: What is the average settlement for a car accident back and neck injury? The somewhat satisfying answer is that there is no true “average” settlement in Florida. Instead, injured victims have the right to seek a settlement that includes compensation for the full extent of their actual damages. At Bernheim Kelley Battista, LLC, we fight for real justice and real results for injured victims and their families. Here, our Fort Lauderdale car accident lawyer provides an overview of the key things that you need to know about the average settlement for a back or neck injury in a motor vehicle collision in Florida.
Common Signs of Back and Neck Injuries
Motor vehicle collisions can happen for many reasons. The specific nature and cause of the accident will affect the likelihood of injuries. Back injuries and neck injuries are among the most common types of trauma in car crashes. Some signs of a back injury or a neck injury include the following:
- Pain;
- Stiffness;
- Limited range of motion
- Muscle spasms;
- Numbness;
- Tingling in the limbs;
- Headaches; and
- Fatigue.
With back and neck injuries, it is important to play it safe. These types of injuries can linger and reoccur without the proper medical care. Make sure that you see a doctor right away if you suffered any type of back injury or neck injury in a motor vehicle collision.
An Overview of Common Costs Associated With Back and Neck Injuries
Back and neck injuries can be costly, both in terms of medical expenses and lost wages. Common costs associated with these types of injuries include doctor’s visits, diagnostic tests (such as X-rays or MRIs), physical therapy or rehabilitation, and prescription medications. In some cases, surgery may be necessary, which can add significant costs. Additionally, if an individual cannot work due to their injury, they may also incur lost wages. Furthermore, chronic back and neck injuries can lead to a lifelong treatment and rehabilitation, which can be costly.
Examples of Minor Back or Neck Injuries
Some back injuries and neck injuries are classified as “minor” or “moderate.” Though it would be a mistake to view these injuries as “no big deal.” Medical attention and ongoing care are still essential. Examples of minor and moderate back and neck injuries resulting from a car accident include the following:
- Sprains and Strains: These injuries occur when the ligaments or muscles in the back or neck are stretched or torn.
- Whiplash: A common injury that occurs when the head is suddenly and violently jerked forward and backward.
- Herniated Disk: A condition in which a disk in the spine bulges or ruptures, putting pressure on the nerves.
- Pinched Nerve: A condition in which a nerve is compressed or pinched, resulting in pain, numbness, or weakness.
- Cervical or Lumbar Sprain: This injury occurs when the ligaments in the neck or lower back are stretched or torn.
What is the Average Settlement for Car Accident Back and Neck Injury in Florida?
A “minor” back or neck injury settlement should still provide compensation for the full value of the victim’s damages. Considering the high cost of medical care, even a relatively minor injury could easily exceed $10,000 in medical costs and rehabilitative treatment costs. The victim may also have lost wages and pain and suffering. A settlement should always include compensation for the actual damages the car accident victim sustained related to the back or neck injury.
Examples of Severe Back or Neck Injuries
A severe back injury or severe neck injury can be completely debilitating. Immediate emergency medical treatment is always required. Additionally, the victim needs proper ongoing and rehabilitative care. Examples of severe back and neck injuries include:
- Fractured Vertebrae: A broken bone in the spinal column is a severe injury.
- Compression Fractures: A type of fracture that can occur in the vertebrae of the spine, often caused by osteoporosis.
- Spinal Stenosis: A condition in which the spaces within the spine narrow, putting pressure on the spinal cord and nerves.
- Disc Herniation (Nerve Root Compression): A serious type of herniated disc that can lead to permanent nerve damage if not treated in time.
- Spinal Cord Damage: Any amount of damage to the spinal cord is a catastrophic injury.
- Paralysis: Often caused by spinal cord damage, paralysis is the loss of movement or feeling in a part of the body.
Know the Average Settlement for a Severe Back or Neck Injury in Florida
There is no true “average” settlement for a severe back or neck injury in Florida. With a catastrophic neck injury or back injury—such as one that causes spinal cord damage—the victim could easily have six figures or seven figures in damages. A settlement for a car accident injury in Florida should always include compensation for the full value of the economic and non-economic losses that you are entitled to under the law, such as:
- Medical bills;
- Physical therapy;
- Lost wages;
- Loss of earning potential;
- Pain and suffering; and
- Permanent disability.
How to Prove the Existence and Severity of Your Neck and Back Injury?
Proving the existence and severity of a neck and back injury can be challenging, especially in the context of a personal injury claim in Fort Lauderdale. However, there are several steps you can take to strengthen your case. First and foremost, it is important to seek medical attention right away. A healthcare professional can evaluate your injury and provide documentation, such as medical reports and diagnostic imaging, that can be used as evidence in your claim. Next, it is beneficial to document the extent of your pain and limitations caused by the injury. Keeping a pain diary, where you track the intensity, frequency, and duration of your pain, can be helpful. You can also take photos of any visible injuries, such as bruises or swelling. Third, it is important to gather evidence to help establish the cause of your injury. This can include witness statements, accident reports, and any other relevant documentation. You do not have to do this alone. An experienced Fort Lauderdale auto accident attorney can help.
What to Know About Valuing Pain and Suffering in a Neck and Back Injury in Florida
Both back injuries and neck injuries can be excruciatingly painful. In Florida, injured car accident victims have the right to pursue compensation for their pain and suffering damages. The Legal Information Institute describes pain and suffering as the “pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury.” As pain and suffering is non-economic damage, it is difficult to value. Florida does not have a single defined standard to calculate pain and suffering. Instead, a jury is instructed to consider the totality of the circumstances to determine the value of an injured victim’s pain and suffering damages. Insurance companies almost invariably try to undervalue pain and suffering damages. Do not settle your claim for less than you deserve. An experienced Fort Lauderdale car accident injury lawyer can help you put together a strong, well-supported case to maximize your pain and suffering compensation for your back injury or neck injury.
Dealing With a Lowball Settlement Offer From an Insurer
In Florida, injured victims have a right to pursue financial compensation for the full extent of their damages. Most car accident claims—including back injury claims and neck injury claims—are defended by insurance companies. Sadly, victims and families cannot rely on insurance companies and insurance adjusters to look out for their best interests. They often try to settle claims for as little as possible. You may get a lowball settlement offer. Here are four tips to help you deal with an unreasonably low personal injury settlement offer from an insurance company:
- Stay Calm: Getting an unfairly low settlement offer is frustrating—but insurance companies rarely lead with their best and final offer.
- Be Ready to Negotiate: You have the right to decline a lowball settlement offer. Do not agree to accept an unreasonably low settlement.
- Get Organized: You will need evidence of liability and damages to effectively challenge a lowball settlement offer from an insurance company.
- Get Help: Insurers are not on your side. Work through an experienced Fort Lauderdale car accident attorney.
Key Factors that Could Affect Your Back or Neck Injury Settlement in Florida
Did you suffer a back injury or a neck injury in a motor vehicle collision in Florida? You may be wondering how much you can recover through a settlement. The answer always depends on the specific nature of your case. Here are the key factors that could impact your settlement in Florida:
- Liability: Minor back and neck injury claims will likely fall under Florida’s no-fault car accident law. Your claim may be through your own Personal Injury Protection (PIP) coverage. Though, severe back injury or neck injury claims may be fault-based cases. To get a settlement through another party’s insurance company, you must establish liability. This requires proving fault through evidence.
- Damages: In Florida, car accident injury settlements are designed to be compensatory in nature. Put another way, your settlement amount will be based on the actual extent of your damages related to the back injury or neck injury. To maximize your settlement, you must prove your damages.
- Insurance Coverage: Insurance coverage matters. Your insurance policy and the insurance policies held by other parties could have an impact on your settlement.
- Ability to Navigate Claims Process: Finally, your ability to effectively navigate Florida’s car accident claims process is key. Remember, insurance companies want to settle claims for less. An experienced Fort Lauderdale car accident lawyer can help you put together the strongest case.
Why Should You Consider a Settlement After a Serious Accident in Florida?
A settlement is often the best possible way to conclude a personal injury case—at least assuming that the settlement agreement covers the full extent of your economic and non-economic damages. You can get a settlement far faster than a verdict. Litigation can take a long time. Further, there is always some level of risk. The good news is that litigation is relatively uncommon in car accident injury claims. Indeed, data from the United States Department of Justice (DOJ) shows that fewer than five percent of personal injury cases go to trial. The true figure may be below two percent.
Why Hire BK Law for a Car Accident Back and Neck Injury Case in Fort Lauderdale?
The personal injury claims process is complicated. At Bernheim Kelley Battista, LLC, we have extensive experience handling back injury claims and neck injury claims. We are tireless in protecting our clients. Our Fort Lauderdale personal injury lawyers are ready to
- Hear your story and answer any questions about your legal rights or legal options;
- Investigate your motor vehicle collision, gathering the relevant evidence;
- Ensure that you get the right treatment for your back/neck injury;
- Represent you in settlement talks with the insurance company; and
- Develop a personalized strategy to maximize your back or neck injury compensation.
You do not have to worry about the cost of securing reliable legal representation for your back and neck injury claim. We represent injured victims on contingency. You will not be charged upfront fees or any other out-of-pocket costs. Our firm only gets paid when you get paid. That means there is no cost unless we obtain a settlement or verdict in your favor.
Schedule a Free Consultation With a Fort Lauderdale Car Accident Attorney Today
At Bernheim Kelley Battista, LLC, our Fort Lauderdale auto accident attorneys have the skills, experience, and legal expertise to handle all types of back and neck injury claims. If you or your loved one was hurt in an accident, we are here to help you get justice. Contact us today to arrange your free, no-commitment consultation. Our law firm handles auto accident claims in Fort Lauderdale, Broward County, and throughout the State of Florida.