Back Injury Settlement Value in 2024 : Don’t Get Stuck Short!

How Much is the Average Settlement for a Back Injury?

Compensation payouts and claims for back injuries are governed by various legislative schemes, aiming to achieve a fair and efficient outcome without resorting to trial. Most claims are resolved outside of court, avoiding the high costs of litigation and often resulting in better compensation for the injured party.

The amount you may receive in a settlement for a back injury will largely depend on the severity of your suffered injuries, the impact it has had on your life and livelihood, and the governing legislative scheme.

If you sustain an injury at work or in a motor vehicle accident, you can make a claim regardless of fault.

In cases where you suffer a ‘serious injury’ due to someone else’s negligence, you may also pursue a common law claim. Settlement negotiations can occur at various stages, and offers can be made before or during legal proceedings.

The compensation offered in a settlement depends on your losses and pain and suffering. Damages are divided into economic and non-economic categories.

Economic damages compensate for financial losses and are quantifiable. They cover medical expenses and loss of earnings if you cannot work due to your injuries.

Non-economic damages are less tangible and include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

Depending on your back injury, you may be eligible for both types of damages. For advice on your entitlements and maximizing your claim, consider consulting a back injury claims specialist.

Average Workers’ Comp Settlement for a Back Injury

As stated by Forbes, if you’re considering a workers’ comp settlement for a back injury, it’s crucial to understand the potential compensation [1].

You don’t want to accept a settlement for too little because otherwise, you might not receive full compensation for damages. Once you agree to settle your case, you can’t change your mind and ask for more money later.

While average settlements for back injury claims can provide insight, each case is unique. Your settlement amount should be based on your specific circumstances.

However, here are some average compensation figures for on-the-job back injuries:

• A survey found that the average settlement for workers’ comp back injury claims is between $20,000 and $25,000.
• According to the Occupational Safety and Health Administration, back injury claims can cost an average of $40,000 to $80,000, including medical bills and wage loss benefits.
• The National Council of Compensation Insurance reported average settlements of $37,000 for low back injuries and $33,000 for upper back injuries.
• Another survey indicated an average settlement amount of $23,600 for back injuries sustained at work.

How Do Back Injuries Compare to Car Accident Settlements?

According to the SCLG, after a car accident, injuries can vary widely in severity [2]. While some may be minor, others, like back injuries, can be more severe. The seriousness of your injuries often determines the settlement amount in a car accident case, and back injuries can lead to higher settlements compared to other injuries.

There is a wide spectrum of back injuries. Even nearly identical injuries, like a herniated disc, can be fairly minor for one victim and debilitating for another. This is largely because the spinal cord is a complex system of nerves. A slipped or bulging disc in one victim can pinch a nerve and cause excruciating pain and disabilities. In another victim, no nerves are impacted and the injury is fairly minor – SCLG stated.

Due to these complexities, it can be challenging to compare car accident cases involving back injuries to those involving other types of injuries when determining settlement amounts.

Back and Neck Injury Settlement Statistics

According to the Lawsuit Information Center 2024 research, here are summaries of recent verdicts and settlements from auto accident cases involving back and/or neck injuries [3]:

• $105,000 Verdict (Florida 2023): The plaintiff sustained neck and back injuries when his vehicle was struck by a postal truck. He was driving north near an intersection at the time of the collision.
• $25,000 Settlement (New Jersey 2022): A minor suffered back and neck soft tissue injuries after being hit by a vehicle while walking on the side of the road.
• $21,379 Verdict (Oregon 2022): The plaintiff experienced upper, middle, and lower back sprains when rear-ended by another vehicle. The verdict covered $13,000 in medical expenses and $6,000 for pain and suffering.
• $145,000 Verdict (Maryland 2021): A female plaintiff developed neck and back sprains, leading to cervical radiculopathy and sciatica, following a hit-and-run accident.
• $562,797 Verdict (Maryland 2020): The plaintiff sustained disc herniations in the neck and a lower back disc injury, among other injuries, after being side-swiped by another driver.

FAQs

How long does it take to receive a settlement for a back injury?

The timeline varies. It can take several months to a few years, depending on the complexity of the case, the extent of the injury, and the willingness of the parties to negotiate.

Should I accept the first settlement offer from the insurance company?

It is generally advisable to consult with a personal injury attorney before accepting any settlement offer to ensure that it adequately covers all your expenses and losses.

Can I negotiate the settlement amount?

Yes, you can negotiate the settlement amount. An experienced personal injury attorney can help you negotiate a fair settlement.

How can a personal injury attorney help with my case?

An attorney can help gather evidence, negotiate with insurance companies, calculate a fair settlement amount, and represent you in court if necessary.

Related Articles:

• Types of Head Injury in Car Accidents
• Settlement to Expect for a Herniated Disc
• Symptoms of a Herniated Disc

See all related personal injury and accident lawsuits we’ve taken on.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.forbes.com/advisor/legal/workers-comp/workers-comp-settlement-back-injury/
2. https://www.shouselaw.com/ca/blog/how-much-should-i-settle-for-a-back-injury/
3. https://www.lawsuit-information-center.com/average-car-accident-settlements-for-back-and-neck-injuries.html