How Much is a Neck and Back Injury Settlement in Texas?
On average, how much is a neck and back injury settlement? If you have been recently injured and are wondering how much you can expect in damages, you’re in the right place. There are a lot of factors that determine this number, and it can often be difficult to tell if you’re making the right decisions: How much is my neck injury claim worth? Should I take workers’ compensation? Is the insurance payout enough?
Spinal cord injuries frequently start as minor neck and back pain but can grow into severe injuries. It can be difficult to know to what extent neck and back injuries will change your life, and therefore what kind of compensation is appropriate. This is why hiring a trusted attorney for your neck and back injury case is so essential. They can help make sure you get what you really deserve, and protect you and your family during this vulnerable time.
Whether you were in a car accident or hurt on the job, the attorneys at Grimes & Fertitta are here for you. Call the Houston injury attorneys at Grimes & Fertitta today at (713) 224-7644 to discuss your injury and get the help you need.
Average settlement amounts for neck and back injuries
What is the average payout for a back injury? It is very difficult to answer this question with an average number because there is no such thing as an average neck and back injury; these injuries range from minor whiplash to spinal fractures that require multiple surgeries.
That being said, most neck and back injuries in the nation have average settlement amounts somewhere between $100,000 and $500,000, with the possibility for serious injuries to go into the millions.
Things like whether you were injured in an automobile accident or on the job site, how serious your injury was, and what kind of complications you will experience because of your injury can help determine who is culpable and what kind of damages you can expect to pursue — but to truly know that you’re making the right call, you should work with an experienced personal injury attorney in Houston, who can make sure that you’re making the right call, and getting what you and your family really deserve.
Neck injury settlement calculator: how is a settlement calculated
The people on the other side of your case, be they insurance agents or corporate representatives, have one goal: to save their company money. Even if fault is easily assigned and it is obvious that you are owed a significant amount of money, you will likely receive a sum that is more in line with corporate standards than your actual needs. This is why you need someone on your side who knows how to play the game, to make sure you know when to reject a lowball insurance settlement offer, or when not to press for more. Knowing how to find a top-rated attorney can make a huge difference in the outcome of your personal injury case.
The lawyers at Grimes & Fertitta are former defense lawyers for insurance agencies. We know what moves the insurance companies will make before they make them which can be a very useful attribute to have in your case.
Factors that affect your neck and back injury settlement
Many factors could affect your average settlement amount, some of the more important ones are as follows.
Severity and type of neck and back injury
This is usually the largest determining factor, as it can be pretty hard to refute the injuries themselves or their costs. Here are some serious injuries that often result from car crashes and workplace accidents:
- Spinal cord injuries
- Herniated disc
- Broken or slipped vertebrae
- Sprains and strains
Catastrophic injuries will often necessitate the largest settlement amounts. What is a catastrophic injury? A catastrophic injury is essentially an injury that will have profound or permanent consequences for the victim. If you or a loved one suffers a catastrophic injury make sure you work with an experienced Houston catastrophic injury lawyer who is familiar with these types of cases.
Need for ongoing treatment
Medical care does not stop at any determined point after an accident. People often need treatment for years, and in severe cases can require assistance in perpetuity. It is possible to end up responsible for significant medical costs even after reaching a settlement at the time of an accident. These factors are usually not covered by workers’ compensation and are a great reminder of why hiring a Houston spinal cord injury lawyer should be at the top of your list after an accident.
Here are a few types of ongoing treatment that we frequently see:
- Physical therapy
- Medications and injections for pain management
- Chair lifts, wheelchairs, and other accessibility-related devices
- Diagnostic measures, MRIs, and more
Ability to work in the future
Inability to work does not only mean lost wages –– it can mean loss of identity and purpose. Someone’s entire life can be thrown off-course because of the inability to work, and it can leave a person in a state that won’t be fixed by any dollar amount. The concept of pain and suffering exists to address these concerns.
These factors have the most serious implications and yet can be the most difficult to substantiate. The complex nature of personal injury settlements lies in these spaces because the true import of the case often lies in its more intangible qualities.
How to prove negligence
Proving liability is not as simple as figuring out who caused the accident. You must prove that the at-fault party owed you a “duty of care” — like those owed by your employer or other drivers on the road –– that this duty was violated, and that this violation resulted in injuries for which damages are owed.
To prove negligence and get what you need to heal, your attorney will have to prove the following:
- You were owed a duty of care. You are owed a duty of care by other drivers on the road, as well as your employers, to not put you in the way of unnecessary harm.
- That duty was breached. You must show that the negligent party breached their duty by acting negligently.
- Causation. Easy to see but sometimes difficult to prove, a straight line must be drawn from the negligent actions to the harm that you suffered.
- Damages were suffered. Usually, this step is just a matter of coming to a number that all parties are happy with.
These things can be difficult to prove even for those with deep personal injury law experience. Do not consider going at it without the best personal injury attorney Houston has to offer, like those at Grimes & Fertitta.
Types of damages in a lawsuit
In keeping with the complex nature of personal injury claims, there are a few different types of damages to pursue. Some types of damages in a lawsuit for personal injury are:
- Special compensatory damages, which can include:
- Medical expenses cover medical costs like medical bills, surgery and offsite procedure costs, medication costs, physical therapy and rehabilitation, and other caretaking expenses.
- Property damages are literal damages to your personal property at the time of the accident, most often a car or bicycle.
- Loss of wages takes into account past and future wages lost.
- General compensatory damages, which can include:
- Pain and suffering refer to long-term injury complications. You can be awarded both current and future damages for pain and suffering depending on the circumstances.
- Mental anguish is another immense factor that is often overlooked. It refers to depression, PTSD, or any other lasting mental conditions.
- Physical disfigurement or impairment is similar to long-term complications under pain and suffering but specifically related to physical disability.
- Wrongful death damages, which can include:
- Funeral expenses are meant to cover the cost of burials.
- Loss of financial contribution covers a deceased spouse or family member’s lost wages.
- Punitive damages are meant to punish the party responsible for the accident. These are less common than compensatory damages and are intended to ensure that the offending party does not repeat their mistakes.
Your attorney will be an invaluable ally in presenting to the court the true cost of the harm that you have suffered and ensuring that you and your family get what they need to heal.
Call Grimes & Fertitta about your neck and back injury settlement
How much is a neck and back injury settlement? Well, it depends on your case, but you should attempt to get compensation for the true cost of the harm that you have suffered, not just recoup the cost of the initial medical bills. At Grimes & Fertitta, we believe that you shouldn’t have to suffer, and have made it our mission to make sure that no one is held responsible for the negligence of another party.
As former insurance lawyers, the personal injury attorneys at Grimes & Fertitta have the knowledge and the expertise needed to fight for your right to compensation. If you or a loved one has been involved in an accident because of the negligence of another party, call Grimes & Fertitta today at (713) 224-7644 or contact us online, there could be justice (and a settlement) in it for you.
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