Wondering how much you can expect from your back injury claim is a common question. However, it's one that is difficult to answer without knowing the specific facts surrounding the accident and the extent of your injuries. When you contact us for a free case evaluation, we'll be better equipped to determine what your case might be worth. When it comes time for a payout, the type of injuries, who is at fault for the accident, insurance policy limits, and where you live all impact the amount of a settlement offer you can expect. Chiefly, the type of injury sustained will determine the value of your claim. Here are some examples:
Spinal cord injuries - Damage to the spinal cord is one of the most serious injuries, and thus, likely to be worth more because of the expenses involved in medical care and the impact on your quality of life. Insurance is another key factor because policy limits will likely determine the amount that is available. Generally, spinal cord injury settlements are the most substantial, and it's not unusual for our clients to receive million-dollar settlements.
Disc injuries - A herniated disc injury is generally worth more than a ruptured or bulging disc because the latter two conditions are frequently resolved with physical therapy and prescription medications, whereas, a herniated disc may require surgery. Often, settlements are subject to whether there were any pre-existing back problems, what course of treatment is required (the need for surgery raises the amount), test results, and the level of pain and disruption the back injury causes in your day-to-day life. While surgical intervention increases settlement amounts, it's important to consider the real health dangers surgery introduces. Alternatively, the cost of surgery to alleviate debilitating back pain and loss of bodily function is something we would fight hard for the other party to cover.
Injuries that do not require surgery - Soft-tissue and whiplash injuries that may require steroid injections, physical therapy, pain medication, and rest are generally at the bottom of the scale for settlements. Still, we understand that having to attend doctor's appointments, getting painful injections, and suffering from miserable back discomfort should warrant a reasonable settlement. However, insurance companies tend to put up a fight which may result in the need for a trial to win meaningful compensation.
When it comes to injuries that are difficult to diagnose, even with medical testing, such as back pain, it may be an uphill battle to win the compensation you deserve. That's why working with a car accident lawyer with extensive experience negotiating with insurance companies is crucial. Pre-existing injuries are another issue that insurance adjusters love to fixate on since it downplays the extent of their policyholder's responsibility. Still, even if you have a pre-existing back problem, that doesn't absolve the policyholder of all liability for additional damage.
These kinds of negotiations or civil lawsuits may require an expert medical witness to sufficiently explain the difference between your pre-crash and post-crash condition. That's where working with a large law firm, such as Morgan and Morgan, with a vast network of resources, including expert medical witnesses, can help you be successful. Just this last year, we've successfully resolved over 70,000 cases for our clients.