Have you ever been a victim of a rear-end car accident? Then you must be wondering how much average settlement for car accident back injury you can expect, and what should be your action in order to get that.
The number of rear-end car accidents has increased enormously in the last few years. Around 33% of all accidents in the USA are rear-ended accidents. An accident is called a rear end accident if a vehicle strikes into another vehicle moving in its front. Back injuries like spinal stenosis and disc herniation are common with rear-end car accidents.
All the cases are different from each other. The amount of settlement varies according to the circumstances. The victim may need bed rest for a long time due to back injuries. The inability to earn can result in loss of wages. This may lead to mental trauma and depression.
The average settlement for car accident back injury is usually determined by adding all the losses the victim has to bear. These are multiplied with the pain and suffering caused by the accident. Professional support is required to get the ideal settlement of your claim.
A lot of research and investigation about the accident is carried out before resolving any settlement. The insurance companies aim to settle the case for as less amount as possible. Your lawyer makes sure that you get the settlement you deserve.
Accidents which result in back injuries are usually severe. So what should be the ideal settlement value for a car accident back injury? You can get the answers to all your questions in this article. Read it further to understand more about the average settlement for rear-end car accidents.
Causes of Rear-end Car Accidents:
- Driving at an unsafe distance from the vehicle ahead
- Negligence and lack of attention from the driver
- Distractions like operating a cell phone or hearing loud music
- Poor weather and road conditions
Common Back Injuries Due To Rear End Car Accidents
Bulging and herniated discs and injuries associated with spinal cord are some of the common back injuries caused due to car accidents. Swelling may occur in the disc in lower back, caused by tearing of the fibers due to the abrupt impact of the accident, resulting into a bulging disc. Dislocation of the disc can also be one of the complications.
These types of injuries are very painful and surgery can also be needed in some of the cases. Permanent paralysis can also occur in the case of spinal cord injuries. The impact of the accident may also lead to breakage of bones of the spinal cord.
From Where Does the Settlement Come?
The insurance companies of both the parties involved are usually responsible for the compensation for your damages. The insurance company pays the amount for repairing expenses of your vehicle if the type of accident is covered under the policy.
If the accident is caused due to the negligence of the other driver, then his/her insurance company is liable to pay the compensation amount for your damages. You can easily get the reimbursement for your expenses due to the accident. However, the amount offered by them is usually lesser than what we expect.
What Insurance Companies Offer?
Insurance companies follow the same procedure for all the claims they receive for car accidents. They use all their tactics to make you settle for as less amount as possible. They do not consider the impact the injuries make on your daily life and the pain and suffering you undergo. They offer you an amount much lesser than the worth of your case. They try to make the most of their profits by paying you a low settlement amount.
Types of Damages in Car Accident Back Injury Cases
1. Economic Damages
Economic damages or special damages are the monetary losses a person needs to bear because of the back injury. Major economic damages occurring from back injuries consist of:
Past and Future Medical Expenses
These depend upon the type of injuries you have. Surgeries, X-rays, and physiotherapy sessions can cost you large amounts of money. In the case of complex conditions like paralysis, future medical care expenses can be very high.
Loss of Earning Opportunities and Income
While claiming for a back injury settlement, you can get the compensation for lost wages and earning abilities. The amount of work you miss because of the back injury is considered to determine the damage. Loss of future income is estimated by assessing your future earnings and the impact of back injury on your capacity to work.
Damage to Property
There can be extensive damage caused to your vehicle because of the accident. So you can get your vehicle entirely checked by an automobile expert. The expenditure to repair your vehicle can be covered under the settlement process.
2. Non-economic Damages
Non-economic damages are those which most of the victims of car accidents have to suffer from the trauma and pain due to the back injury:
Emotional trauma damages are estimated and compensated under pain and suffering caused by the accident and back injury.
Psychological Pain and Suffering
Psychological pain and suffering damages are assessed with the help of pain multipliers. These depend upon the way victims explain their sufferings to the jury.
3. Punitive Damages
Punitive damages are another type of compensation which is awarded in rare circumstances. These are given in the cases where the defendant is accused of absolute carelessness, like drunk driving or an intention to cause damage to the victim. However, legitimate proof is required to state the defendant guilty of his actions or behavior.
Who Should Be Held Liable For The Accident?
The driver at the rear is generally accused of most of the rear-end car accidents by various laws as well as insurance companies. According to the rules, it becomes the responsibility of the driver at the rear to drive at a proper distance from the vehicle in front. However, various factors like bad weather and road conditions can decrease his/her accountability.
Along with that, the laws broken during the accident make it easier to decide who is at fault. The driver of the vehicle in front can also be held accountable for his negligence. The condition of the vehicles before the accident may also be a determining factor in deciding the liability of the drivers involved. A trial attorney can guide you in considering the above factors to determine the person to be accused in your case.
What Can You Do To Claim An Average Settlement For Car Accident Back Injury?
1. Know About Your Injuries
Severe injuries can get developed in a matter of days due to a rear-end car accident. Do not compromise with your injuries even if they do not appear. You must visit the hospital to get yourself properly checked by a medical expert after the accident. You can get the ideal compensation for your back injury if it is acknowledged by a health professional.
2. Collect All Evidence And Documents
Do not forget to collect all the evidence and documents like the statements of witnesses, medical reports, photographs of the place of the accident and both the vehicles involved, and police reports associated with the accident. It can be disadvantageous for your claim if you do not carry out a proper investigation.
3. Get In Touch With Your Insurance Company
Contact your insurance company and provide them with all the required information as soon as possible after the accident. Make sure that they establish a high reserve account to cover the expenses they anticipate giving for your claim.
4. File Your Lawsuit Quickly
If you are not getting an ideal amount from the insurance company to resolve your case, you can get ready with your case in order to file your lawsuit. Insurance companies put forth all kinds of strategies to settle the case for a lesser amount than it’s worth. You can put them under the pressure of court and get them serious to settle it with an ideal amount.
5. Contact a Professional Lawyer for the Evaluation of Your Case
You can get in touch with a qualified and experienced trial attorney to review your case and help with it. He will examine your evidence and documents like medical reports, police reports and the damages caused. You can get a detailed estimation from him regarding the settlement value of your case. They can help you in increasing the amount of your claim and get you the amount which you deserve.
How Can You Maximize Your Settlement Amount?
The ultimate key is to have a lawyer and a medical professional who can understand the problems which you are going through and your condition before and after the accident. The chances of getting a higher settlement amount significantly increase if there is a considerable change in your condition.
A lawyer having good negotiation abilities can help you in getting a larger claim amount. The lawyers are very much interested in such cases as higher the amount you get, higher they are paid. Having unbiased witnesses who can state in detail about your situation before and after the accident can also be a determining factor in the estimation of your settlement.
One of the most significant ways to make sure that you get a legitimate amount is by providing evidence for the damage caused due to the accident. You should focus on collecting the required documents and recorded evidence to verify the amount of damage caused by the accident and the way it has impacted your life.
Questions To Be Considered By The Jury
- What caused the accident?
- How much are the expenses of property damage?
- How much are the medical costs?
- How serious are your injuries?
- How much time it will take for your treatment?
- What are the limitations of your insurance policy?
- What makes your case stronger?
How Much Can You Expect?
According to the reports, the usual settlement amount for a rear-end car accident lies between $15,000 and $30,000. If the accident is more serious, then the compensation may even be higher than that. The claim value depends upon the circumstances and increases as per the seriousness of the damages and the injuries caused due to the accident. If there are any lifelong expenses associated with the injury, then the amount can go exponentially high.
It is challenging to calculate the precise worth of your case only on the basis of averages. Your case can be different from others according to the type of accident. The settlement value can be significantly impacted by the way in which the jury interprets the case. You can consult with a professional lawyer to know about the ideal settlement amount for your car accident.
Factors Influencing the Settlement Amount
Many factors are there which affect the average settlement amount for car accident back injury:
- Type of injuries caused
- Damage to property
- Medical expenses
- Jury’s interpretation of your case
- Amount of insurance available
- Number of people liable for the accident
- Place of accident
Impact of Pre-Existing Conditions on Your Settlement
All medical reports and documents are required at the time of resolving a settlement to find out the injuries and conditions caused by the accident and the ones which were pre-existing. The insurance companies would certainly not like to pay for the injuries not caused by the accident. However, the pre-existing cases can worsen because of the accident, making the case complicated. In such a situation, you can get compensation for the same.
How Long Can The Settlement Take To Resolve?
There is a time-consuming process to resolve a settlement before you can get the compensation. There are some specific guidelines which need to be followed in every case. The claims for cases with minor damages usually get settled with insurance in a period of 30 to 90 days from the accident. There are less legal procedures involved in such cases.
In accidents with major damages and injuries, there are various phases. In the initial phase, all the evidence and documents which may be beneficial towards the case are collected by both the parties. It may take around 6 to 12 months doing the same. The settlement is generally offered after the completion of medical treatment of the victim.
In the next phase, the court gives a chance to the parties to resolve the case with the help of a mediator and skip the trial procedure. The case goes to trial if the parties do not agree to make an agreement. It may take more than 2 years in court.
Secrets to Get the Settlement You Deserve
1. Do not provide access to your medical records to the opponent’s insurance company
Most of the victims put themselves in trouble by releasing their medical documents to the insurance company of the opposite party. Only your insurance company should have access to these details. The other insurance company can make their case stronger with the use of such confidential information.
2. Do not settle for a smaller amount under the pressure of insurance adjuster
Insurance adjusters may try all sorts of strategies to make you resolve the case for a lesser settlement amount than what you actually deserve. They may try to accuse you of the accident making it your fault. They may also use their politeness and kindness as a strategy to convince you to settle for less than the worth of your case. You do not have to fall in their trap and fight for everything you deserve.
3. Save all the receipts and bills of the expenses associated with your accident
Keeping your receipts and bills enables you to confirm the exact amount of your expenses. Do not forget to save all kinds of bills you paid due to the accident. It can be very important and helpful in estimating a fair settlement value.
4. Be aware of your insurance policies and coverage
As a victim, you can lawfully claim from a number of insurance policies. Most of the accident victims are not aware of the sources of insurance coverage and the details about their policies. Your lawyer can help you with the ways in which you can ask for a claim from various policies at the same time.
Now you have a better understanding of what needs to be done whenever you find yourself in the situation of a back injury caused by a car accident. You can easily arrive at the average settlement value for your car accident back injury and get the amount that you deserve. You do not need to settle for a lesser amount. You can complete the process of your settlement easy and hassle-free with the help of the ways mentioned in this article. Know your rights and protect them.