After an auto collision that isn't your fault, between the medical check-ins, rehabilitation appointments, travel time to and from, and missed time from work, you may start wondering how much your injuries are worth.
Determining the average settlement for car accident neck and back injury claims can require a car accident lawyer.
- First, states impose differing statutes of limitations on filing car accident claims. Some states allow longer treatment and recovery times than others, directly affecting the settlement amount.
- Another consideration is state caps on compensatory damages you may seek after a collision. While no state limits how much you may pursue in economic damages, many limit what you can obtain for non-economic or intangible losses.
- Lastly, metropolitan areas tend to have higher settlement averages.
If you sustained a neck and back injury, speak to a Winder car accident lawyer to discuss your legal options. After discovering your case, they can offer a more informed insight into the average settlement for accidents with similar circumstances. Schedule your free case evaluation now.
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Factors Influencing Car Accident Settlement Amounts
In addition to jurisdictional factors, several other determinants influence settlement amounts, such as the severity of your injury and the length and costs associated with medical treatment. Any income losses sustained significantly affect your settlement.
You can also expect higher settlements when injuries warrant calculating a diminished earning capacity.
Finally, an experienced car accident attorney increases your chances of securing a more substantial settlement for car accident neck and back injury claims.
Severity of Your Injury
The severity of your injuries significantly influences the amount you can expect to receive for a car accident neck and back injury claim. The more severe the injuries, the longer the recovery time and the pain and suffering a claimant will endure.
Severe injuries that greatly affect a claimant's quality of life, such as spinal cord or traumatic brain injuries, generally lead to higher compensation.
Medical Treatment Length and Costs
The severity of injuries directly impacts your medical treatment's length and costs. Severe injuries require significant rehabilitation services to recover or achieve maximum medical improvement (MMI)—when you fully rehabilitate or reach a point where further treatments will not improve your condition.
Your treating physicians will determine when you've hit your treatment plateau.
Lost Income and Diminished Earning Capacity
Lost income affects the average settlement for car accident neck and back injury claims when injuries cause you to miss work. When accident victims miss significant time from work, it generally results in larger settlements.
If an injury prevents you from returning to work in the same capacity, your diminished earning capacity will add value to your claim.
A diminished earning capacity may be temporary or permanent—affecting an injured party's ability to earn money for the rest of their working life. Many factors are considered when determining diminished earning capacity, including age, work history, education, and the severity of disability.
Attorneys often work with economic and vocational experts to assess a future loss of income.
Hiring a Lawyer
Claimants who hire a personal injury lawyer are setting themselves up for a more substantial settlement for car accident neck and back injury claims than those without legal representation.
One obvious reason is that attorneys do this daily and have education and experience regarding claims and legal processes that the general public does not. They also understand the total monetary value of your car accident claim.
Another significant factor entails a lawyer's ability to negotiate for substantial settlements. Sometimes, the pressure of medical bills and other expenses results in early settlements.
An experienced car accident attorney does not share these common fears.
Instead, they confidently defend their client's right to a reasonable settlement and will demand it before accepting a settlement offer. Hiring a personal injury lawyer will avoid pitfalls that can result in car accident victims receiving a reduced or denied claim.
Damages Calculated in a Settlement for Car Accident Neck and Back Injury Claims
Injured parties often know they can file for medical and rehabilitation expenses associated with injuries sustained in a car accident.
When valuing a car accident neck and back injury claim or lawsuit, a lawyer calculates the economic losses before determining the value of non-economic damages.
Economic Damages
The economic damages in your car accident neck and back injury claim consist of the monetary losses incurred from the collision.
Their paper trail of evidence quickly establishes the need to reimburse for these expenditures and often includes:
- Medical Bills: Healthcare costs associated with injuries from your car accident. These may include medical evaluations, surgeries, hospitalizations, rehabilitation services, assistive medical devices, and prescription medications.
- Lost Earnings: Depending on the type of industry, there are many income losses that a claimant can file for if they missed work because of their injuries. Examples of lost earnings you may claim include income or salary, bonuses, commissions, healthcare and retirement benefits, and sick leave and overtime.
- Property Damages: Damages to your vehicle, property, or anything within your car damaged in the accident are recoverable losses. Property damages range from cell phones to glasses and mailboxes.
Keep detailed records of any financial losses. Provide copies to your personal injury attorney to ensure they are calculated when valuing your claim. These documents can include medical bills, bank statements, pay stubs, employer income loss statements, and receipts for various expenses.
Non-Economic Damages
The non-economic damages in your claim are the intangible losses that aren't as easily quantifiable. A trusted injury attorney can accurately determine your non-economic losses. These losses entail physical pain, emotional distress, psychological trauma, and compensation for permanent impairment or disability.
Contact a Car Accident Lawyer
Contact an attorney to assess the average settlement for your car accident neck and back injuries. After learning the circumstances of your case, a car accident lawyer can estimate what you can expect. Schedule your free consultation.