Average Settlement For Car Accident Back And Neck Injuries

Key Takeaways:

• More than one-third of all spinal injuries in the United States are due to vehicle accidents.
• Several factors can impact the amount of a settlement you might recover for back and neck injuries after a Michigan car accident.
• Average settlement payouts for neck and back injuries that do not require surgery or treatment can fall between $40,000 and $50,000.
• Average settlement amounts in car accident cases resulting in chronic injuries are $100,000. However, they vary depending on several factors, including the severity of injuries and the types of treatment required.

Many people suffer injuries in their neck and back every year, including spinal cord injuries. Over one-third of all spinal injuries result from car accidents. Neck and back injuries can be devastating, especially if they keep you from living your normal life or require surgery. Whether you need surgery or not, the recovery process can be long. In some cases, people never fully recover from spinal injuries or are prone to reinjury later in life.

Learn about the average settlement for car accident back and neck injuries in Michigan, the factors that impact how much back and neck injuries are worth, and how to protect and maximize your claim to get the compensation you deserve after an accident.

What is the Average Car Accident Settlement for a Neck or Back Injury in Michigan?

The average settlement amount for neck or back injuries caused by a car accident is between $40,000 to $50,000. However it’s difficult to give an exact average settlement amount or an estimate that any one person might receive from a neck or back injury simply because not every injury is the same. People react differently to different types of back and neck injuries. Some back and neck injury settlements, especially for chronic injuries, can exceed $100,000. However, averages depend on the level of treatment required for the injury.

Neck Injury Settlement Without Surgery

If you only need physical therapy or other types of non-intervention treatment, the average settlement could be about $40,000 to $50,000.

Neck Injury Settlement With Surgery

If you have to have surgery, injections or any kind of Intervention Treatment, the average settlement is often close to $100,000, if not over.

However, if non-intervention treatments and surgery do not remove the pain, improve quality of life, or restore mobility, the settlement could be well over $100,000 where pain and suffering may be factored in.

Accidents that cause semi-permanent or permanent paralysis generally settle for the policy limit (the maximum possible amount).

Proving Your Neck Injury Was Caused By A Car Accident and Establishing Severity

When filing a personal injury claim for back and neck injuries, proving the severity of your injuries is important to maximizing your settlement amount. To prove your injuries and establish severity, documentation, expert testimony, and consistent tracking of your medical journey will be used to validate your case. Below are types of documentation a lawyer can examine to strengthen your personal injury claim.

1. Documenting Medical Records and Professional Treatments

Medical records are the foundation of any personal injury claim. They are used to establish the link between the accident and the injuries sustained, providing concrete evidence of their severity and required treatments. The following are common records that can help strengthen your claim.

• Imaging Studies: Tools like X-rays, MRIs, and CT scans visually demonstrate the extent of your injury, whether it’s a herniated disc or severe spinal damage. These diagnostic tools form irrefutable proof of the physical impact of the accident.
• Treatment Records: Records from surgeries, physical therapy, or medication you had to undergo showcase the ongoing impact of the injury and its financial and physical toll.
• Specialist Assessments: Detailed notes from specialists (e.g., orthopedists or neurologists) offer deeper insights into the nature and prognosis of your injury.

Example: A spinal injury shown on an MRI scan alongside records of physical therapy sessions can establish the need for long-term care, justifying higher compensation.

2. Leveraging Expert Medical Testimony

Expert medical testimony can strengthen your personal injury claim, providing professional validation of your injuries and their long-term consequences.

• Medical Experts Testimony: Medical experts can explain complex medical findings in simple terms, helping to solidify the injury’s severity in court or settlement discussions.
• Future Impact Assessment: Testimonies about potential complications, chronic pain, or permanent disability can increase the settlement’s value by projecting future needs.

Example: A neurologist testifying that a spinal injury is likely to cause chronic pain and reduced mobility can directly support claims for pain and suffering damages.

3. Maintaining a Medical Treatment Journal

Keeping a personal medical treatment journal offers your attorney insights into the injury’s impact over time, supplementing medical records with real-world impacts.

• Tracking Symptoms: Documenting daily pain levels, physical limitations, and emotional struggles creates a comprehensive picture of the injury’s effects on your life.
• Compliance with Treatment Plans: Recording therapy sessions, medications taken, and follow-up visits demonstrate commitment to recovery and validate ongoing challenges you have been facing as a result of your injuries.
• Emotional and Lifestyle Impacts: Your journal can highlight the broader effects of the injury, such as missed family events or inability to perform daily tasks.

Example: A journal entry noting that back pain prevented participation in a family celebration highlights the injury’s emotional toll and loss of enjoyment in life.

What Impacts the Value of a Neck or Back Injury Settlement?

There are many factors that affect the value of a back and neck injury settlement.

Top Factors that Impact The Settlement Amount

• The severity of your injuries: Injuries such as whiplash, minor back strains or sprains, and other soft tissue injuries do not command as much as severe injuries, such as severe spinal cord damage. Even a herniated disc is not considered severe, as most herniated discs eventually heal.
• Medical expenses: The cost of your medical treatments, including doctors’ visits, surgeries, rehabilitation, and ongoing medical care, affect the amount you get for a settlement. These expenses are paid dollar for dollar to the medical facilities and pharmacies. Higher medical bills generally mean a higher settlement.
• Permanent Injuries/Pain and suffering: If your back and neck injuries cause long-term or permanent disabilities, you could recover compensation for pain and suffering. If you are married and your injuries impact your relationship with your spouse, you could recover compensation for loss of consortium.

Other Factors that Can Impact Your Settlement

• Lost wages and earning capacity: Whether you can return to work or do the same job as before your accident makes a difference in how much you might recover from back and neck injuries after a car accident. If your injuries allow you to return to work after several weeks, your compensation is lower than if you sustain long-term or permanent disabilities that prevent you from returning to work.
• Insurance policy limits: The at-fault driver’s insurance coverage limits can cap the maximum payout if they don’t have the correct type of personal injury protection insurance. Michigan has a Catastrophic Claims Association Department that pays any settlement or trial award that exceeds the insurance limits. The same applies if you have to use your PIP insurance.
• Liability: The percentage of fault applied to each party can also affect a settlement agreement. For example, if you are 25% at fault for the accident that caused your injuries, you will receive 75% of the settlement or trial award.
• Negotiation and legal representation: Whether you retain an attorney can significantly impact the amount you receive. Studies show that people who hire a personal injury lawyer are around 40% more likely to receive a settlement and that those settlements are, on average, $60,000 higher than people who represent themselves.
• Future medical expenses: If your doctor anticipates that you will need future treatments, such as long-term physical therapy or additional surgeries, these expenses are figured into your settlement or trial award.

Tips for Maximizing Your Back Injury Settlement Amount in Michigan

You can maximize your back injury settlement amount by following several tips, though the most important is to listen to your doctor. If he recommends physical therapy, go to physical therapy. If he recommends surgery, but you don’t want surgery, don’t ignore the doctor — discuss alternatives. Additional tips to maximize your back injury settlement include:

• Seek medical attention immediately after a car accident if you are not injured enough to warrant an ambulance ride to the emergency room.
• Document, document, document. Keep a journal of your pain levels, what you were unable to do that day, such as light housework due to pain, and a journal of your doctors’ appointments. You should also obtain medical records where possible or give your attorney permission to obtain them.
• Take photos of your injuries, if possible.
• Never miss a doctor’s appointment unless it’s a true emergency. Always follow prescribed treatments and take medications as directed.
• Retain an experienced Michigan car accident injury attorney.
• Gather evidence at the accident scene, including taking photos of the accident and speaking with witnesses if possible.
• Never agree to a quick settlement offer, especially if you have a severe back injury.
• Tell your attorney all the damages you may have, including medical expenses, lost wages, long-term care needs, pain and suffering, and loss of future earning capacity.
• Never post your activities on social media. Many insurance companies investigate you, including sitting outside your home to see what you do.
• Know your insurance policy limits.

_{Your case matters. Call us for a free evaluation to learn about your options.}

Related Resources

• Personal Injury Settlements: Read through some of our past settlements for Michigan car accident victims.
• Signs of a Herniated Disc After a Car Accident: Herniated discs are common after car accidents. Learn the signs and what it could mean for your settlement.
• Michigan Uninsured Motorist & No-Fault Accident Claims: Learn more about Michigan’s no-fault insurance system and how UM/UIM insurance can protect you in an accident with an uninsured motorist.

Why Clients Choose Matz Injury Law

We have spent decades helping Michigan families recover after devastating car accidents. To date, we have driven hundreds of thousands of miles across Michigan for our clients and earned over $300 million in settlements for them. We care personally, which is why when you work with Matz Injury Law, you will always work with a partner. It’s also why we charge less than most law firms. Most firms charge the maximum of 33 ⅓% of your settlement. We charge 22%.

Schedule a free consultation today to discuss your case and discover the Matz difference.

Testimonials

“Steve Matz deserves more than 5 stars! He went above and beyond to help me with my automobile accident/lawsuit, and stayed in constant contact with me. He cared about me as a person and how I was feeling or doing.” — Judy W.

“If you are looking for the best attorney to handle your automobile accident claim, look no further! I have known Steve Matz for more than 20 years. He successfully represented me in 2001 then again in 2019 following serious automobile accidents. He leads you step by step through the entire complex legal process. Put Steve Matz on your team to get the justice you deserve! The Matz team is a clear winner!” — Gary C.

Easing Your Burden After a Michigan Car Accident

If you have been injured in a Michigan car accident, speak with a personal injury lawyer to help you recover fair compensation. Contact a Michigan car accident lawyer at Matz Injury Law for a free case evaluation by calling 866-22Not33 or using our online contact form.