A neck or back injury in a South Carolina car accident may be one of the worst things that ever happened to you. Neck and back injuries are among the most common auto accident injuries; hospitals in the U.S. see approximately a million cervical spine injuries from auto accidents.
You will wonder what your car accident neck and back injury is worth after the incident. It’s difficult to state an average neck or back injury settlement because so many things influence the amount.
However, below is more information about these injuries and what influences the compensation you receive. You can obtain more information by having a South Carolina car accident attorney review your case today for free.
Most Common Neck And Back Injuries In Car Accidents
Many neck and back injuries in a car accident are serious, which is why you need to retain a car accident attorney immediately.
You may have six or seven figures of medical bills and other damages for the most severe neck and back injuries. How will you pay your medical bills and support your family without compensation in a claim or lawsuit?
Common neck and back injuries from auto accidents are:
- Whiplash: Your head may whip forward, backward, or side to side in the accident. This violent motion may cause stretches and tears in delicate neck ligaments and tendons, leading to severe, debilitating pain, but the insurance company may not believe your injury.
- Cervical disc damage: Damage to neck and back discs can cause bulging and herniation. These injuries may cause severe pain and nerve damage.
- Cervical fractures: Breaks in your cervical vertebrae may be serious and require surgery and months of recovery.
- Pinched nerves: Irritation or compression of the neck and back nerves can trigger pain, weakness, and tingling that may affect your arms and legs.
- Spine fractures: Vertebrae fractures can damage the spinal cord.
- Thoracic spine damage: A car accident injury to the middle or upper back can lead to herniated discs or vertebrae fractures.
- Sciatica: A lower back injury can injure the sciatic nerve, which can cause pain extending to the legs.
Typical Neck And Back Injury Settlement Values
Neck and back injuries range from mild to catastrophic, so generalizing about typical case values is unwise. However, the following factors usually affect the size of a back and neck injury car accident settlement or jury award:
The Severity Of Your Neck And Back Injury
The severity of neck and back injuries is the biggest factor in the case value. A severe injury, such as a spinal cord injury in a T-bone collision, will have a higher case value than a whiplash injury.
For example, a spinal cord injury will require hundreds of thousands in current and future medical care, physical therapy, potential modification to your home, assistance devices, and more. Your case also will recover more if you require one or more surgeries and extensive hospital stays. Some sources state that annual medical care for a spinal cord injury can exceed $600,000.
A car accident attorney will thoroughly investigate your injury, collect evidence, and present it to the insurance company to maximize your settlement.
Ongoing Medical Needs
Does your neck and back injury require months or years of ongoing care? Inpatient rehabilitation for a spinal cord injury may exceed $400,000.
Ongoing medical expenses for the first year can exceed $1 million for the most severe spinal cord injuries.
Lost Earnings And Lost Earning Ability
The time in the hospital will influence the income lost from your neck and back injury. A typical hospital stay for a spinal cord injury is at least 12 days and can be more. You should recover compensation for this lost work time.
Also, a spinal cord injury may mean a loss of earning capacity. A car accident attorney will consult medical and employment experts to calculate your lost future earning capacity.
On the other hand, a less severe neck or back injury may not involve lost earning capacity. For example, you will likely fully recover from a neck or back sprain, so your settlement wouldn’t involve losing earning capacity.
Pain And Suffering
A major back or neck injury may cause significant pain and suffering, as well as mental anguish. Imagine a spinal cord injury where you lose mobility, the ability to care for yourself, and so much more.
The initial injury and treatments may cause a lot of pain, and you also can deal with anxiety, depression, and emotional anguish. A recent study found that among the spinal cord injury patients surveyed, 48 percent had mental health issues related to the injury.
Your personal injury attorney will negotiate for the most pain and suffering compensation for your injury.
Insurance Policy Limits
All South Carolina drivers must purchase auto insurance. However, many drivers only carry minimal coverage, which may not cover your full injury damages. For example, a ruptured disc in your neck or back will likely cost more than what a minimal auto insurance policy covers.
However, your car accident lawyer in Myrtle Beach or Columbia, South Carolina, will search for every potential insurance policy to ensure you receive the most coverage. Some at-fault parties may have multiple insurance policies you can tap for coverage.
Medical Expert Opinions
An experienced car accident attorney will have a team of expert medical witnesses to rely on for convincing testimony about your injuries. They also can talk about the treatment plan for your injuries. You need this information to estimate the compensation you deserve.
Medical Records
The extent and accuracy of your neck and back injury medical records can determine your settlement.
Important medical documentation that can increase the amount of your settlement are:
- ER records
- Hospital stays
- Medical imagine
- Specialist referrals, such as to a psychiatrist
- Physical therapy records
- Medical prescription records
Medical records also may contain statements from doctors about how the neck and back injury affects your life. You may need these statements to increase the amount of your settlement.
The importance of medical records for back and neck injury settlement illustrates that you should seek immediate medical care after the accident. Your settlement will likely increase if you obtain fast medical care. Don’t delay because waiting will lead the insurance company to question your injuries. They may say that they aren’t as serious as you claim.
How A Car Accident Attorney Proves Your Neck And Back Injury
Proving a car accident neck or back injury involves demonstrating another person or entity’s negligence.
The legal steps to prove negligence in a personal injury claim are:
- The other party had a duty of care to you. Drivers have a duty of care to obey traffic laws and not injure other drivers and pedestrians.
- They violated their duty of care: For example, a car driver may have run a red light and hit you in a crosswalk.
- The breach led to your injuries: You have neck and back injuries from the vehicle hitting you.
- You have damages related to the injury, such as $25,000 in medical bills and lost earnings.
The evidence to prove that another party caused your neck and back injuries includes:
- Eyewitness statements: Statements from those who saw the accident can prove fault in a car accident. Try to obtain the contact information from accident witnesses if you can. Then, give this information to your attorney.
- Crash scene evidence: Accident reconstruction experts may review vehicle damage, tire marks on the road, and other physical evidence to prove fault in the crash.
- Police report: The police report may contain the police officer’s opinion about what caused the accident. It can document important evidence for your case.
- Vehicle maintenance records: If a commercial vehicle hits you, the employer must maintain the vehicle well. Any maintenance issues that contributed to the accident can prove fault.
- Cell phone records: Do you suspect another driver was distracted and caused your neck and back injuries? Your attorney can subpoena cell phone records to learn if the driver used their cell phone before the crash.
- Photos and videos: Take photos and videos of the crash scene and turn them over to your attorney. This evidence may contain essential facts that show how the crash happened.
- Surveillance video: Traffic or business camera footage could show how the accident unfolded.
Compensation Available For Neck And Back Injuries
Victims with neck and back injuries from car accidents may recover compensation for:
- Economic damages: This compensation pays for the direct financial losses you have related to neck and back injuries. They may include current and future medical expenses, current and future lost income, loss of earning capacity for a permanent injury, lost work benefits, home modifications, rehabilitation, and in-home assistance.
- Non-economic damages: This compensation is for losses that are harder to quantify, such as mental trauma, pain and suffering, disability and impairment, and emotional anguish. Your auto accident attorney will rely on their previous case experience and recent settlements with similar injuries to argue for the most non-economic compensation.
The at-fault auto insurance company generally wants to settle your claim for as little as possible. Your car accident lawyer is an experienced negotiator and will use many pieces of evidence to argue for the most compensation.
For example, your attorney will use your medical records and doctor’s statement to illustrate the severity of your injuries, expenses, and mental and physical discomfort. Expert medical witnesses may also show the insurance company or jury how severe your injuries are.
Should You Retain A Car Accident Attorney?
Anyone with a neck and back injury from a car accident caused by someone else should retain a car accident attorney. Your injury may have caused more damage than you think, and your recovery can hinge on the money you receive for your losses.
Attempting to negotiate your own settlement for a severe neck or back injury will usually lead to less compensation. You pay your attorney from your settlement or jury award, but they will usually obtain more money for your losses than you could obtain on your own.
For example, many back injury victims don’t know that they can receive compensation for future medical expenses and lost income. Settling for only current medical care expenses and lost earnings can lead to much less money than you need for your recovery.
Speak To A South Carolina Auto Accident Attorney Today
Did you suffer a neck or back injury in an auto accident recently? Did another driver cause the crash? Speaking to a South Carolina personal injury lawyer today is the first step to obtaining fair compensation for your losses.
The at-fault driver’s insurance company hopes you try to settle your own claim. But most accident victims settle for far less than they deserve. A seasoned car accident attorney will fight for the most compensation for your losses.
Speak to a car accident lawyer in your community today. They will not charge you for the consultation. The attorney will quickly know whether you have a valid claim. Personal injury victims only pay their attorney if their case leads to compensation, so there’s no risk.
