Back and neck pain can be debilitating. If you sustained neck or back injuries from a car accident caused by another driver’s negligent behavior, you may be entitled to compensation, and yes, you can pursue a back injury settlement without surgery. Neck and back pain are often soft tissue injuries, but they can be some of the most painful injuries to cope with and can lead to life-long issues.
The severity and prognosis of your injury should be taken into consideration when estimating a fair back injury settlement without surgery or with surgery.
Every claim is unique, and it is important to work with an experienced Arizona, Texas, and New Mexico car accident attorney to ensure you do not settle for less than you are owed.
Yes, you can get a back injury settlement without surgery. Non-surgical claims are settled based on medical documentation, diagnostic imaging, and how the injury affects your daily life and work, not on whether you had an operation.
Key Points
Back injury settlements without surgery can vary widely depending on the specific details of the injury and how it affects the victim’s life.
Key factors that influence settlement value include the severity of the injury, the type of treatment required, recovery time, and the impact on daily activities and work.
Compensation may still cover a range of damages, including medical expenses, lost wages, and pain and suffering, even if surgery is not required.
How Much Is the Average Settlement for a Back Injury Without Surgery?
Due to speed, angle of the collision, size of the vehicle, and countless other factors, there are a lot of variations in the severity and prognosis for back and neck injuries from car accidents.
The variables in each claim make it difficult to forecast the average amount a person is owed for back injuries from a car accident.
The average settlement for a severe back injury without surgery is $10,000 to $50,000, depending on the damages and its impact on your life.
Here are some of the other individual factors that can determine your settlement amount:
The size of the insurance policy covering the injury;
The degree of the negligence of the at-fault party;
Whether you had pre-existing back or neck pain;
The extent of damage to the vehicle and other property;
Your ability to prove the cause of the injury;
Whether the negligent party was driving under the influence of drugs or alcohol;
How the results of the accident affect your quality of life; and
The degree to which your actions may have contributed to the accident.
You cannot go back and ask for more, and you do not want to be left with the burden of expenses that could have been anticipated and factored into your compensation.
An experienced car accident attorney can help you gather evidence and determine a fair settlement amount.
Pursuing a Back Injury Settlement Without Surgery
You can get a settlement for a back injury without surgery.
Back injury settlements depend on the injury’s severity and its impact on your life.
Even without surgery, factors like medical expenses, lost wages, and pain and suffering are considered during the settlement process. Proper documentation strengthens your injury claim.
Surgery is often expensive, but so is physical therapy and other long-term treatment. Back injuries can also prevent you from being able to work or function normally, which is compensable.
A back injury settlement without surgery should compensate you for all the ways that the pain and limited mobility you are experiencing has impacted your life.
Common Back Pain Injuries From a Car Accident
According to the National Safety Council, vehicle accidents are the second leading cause of preventable injuries nationwide.
Crashes do not have to be catastrophic to result in injury. Injuries like whiplash can occur at speeds as slow as 2.5 miles per hour.
Back and neck injuries from car accidents can last a few days or can be life-changing.
Some of the most common neck and back injuries include:
It is important that you are seen by a medical professional as soon as reasonably possible after a vehicle accident.
Some pain may present as minor because of the adrenaline from your accident but can worsen quickly or over time.
The longer you wait, the more likely the defendant is to argue that your injuries were not from the accident at all. Waiting to receive medical treatment could also impact your ability to properly heal.
Are you suffering from a back injury after an accident? Let us advocate for the compensation you deserve.
What Kind of Compensation Can I Receive for a Back Injury?
Unlike a single limb, your back supports your entire body. And when that support is damaged, it can be an awful experience, especially if it is long-lasting.
If you were in a vehicle accident caused by someone else’s negligence, you should not be financially responsible for the resulting damage to your back, neck, or anywhere else.
If you are wondering about the compensation you can receive, you may have found an online back injury settlement calculator.
Unfortunately, these are rarely accurate because they cannot calculate all the factors that go into your settlement. There are two general types of relief you may be entitled to receive.
Economic damages are the actual cost associated with your injury. These are direct expenses you would not have incurred if the car accident had not happened.
Some examples of economic damages include emergency medical expenses, hospitalization, surgery, physical therapy, medical equipment like walkers or wheelchairs, prescriptions, and lost wages.
Back injuries are often responsible for people being unable to work because of the pain. This is another reason that pursuing a back injury settlement without surgery is important.
Maintaining an accurate record of all expenses associated with the accident will help your attorney calculate a fair settlement.
Noneconomic damages are more difficult to calculate because they are subjective. They are not actual financial expenses but compensate for the physical, mental, and emotional impact of the accident.
Noneconomic damages are unique to each situation but may include pain and suffering, post-traumatic stress, anxiety, depression, and loss of enjoyment of life.
Your Las Cruces car accident lawyer can help you gather the necessary evidence to prove how the injury has impacted and may continue to impact your life.
Contact Our Experienced Personal Injury Attorneys
The team at Tawney, Acosta & Chaparro, P.C. has decades of personal injury experience in New Mexico, Texas, and Arizona, including handling numerous cases involving painful injuries from car accidents.
We will fiercely negotiate with insurance companies on your behalf and will not settle for less than you deserve, letting you focus on your recovery with peace of mind.
Yes. Non-surgical claims are settled based on medical documentation, diagnostic imaging, and how the injury affects your daily life and work, not on whether you had an operation.
The average settlement for a severe back injury without surgery ranges from $10,000 to $50,000, depending on the damages and how the injury affects your life. Factors like the insurance policy size, the degree of negligence, pre-existing conditions, and your ability to prove causation can all move that number up or down.
Key factors include the severity of the injury, the type of treatment required, recovery time, the extent of vehicle and property damage, whether the at-fault party was impaired, and the impact on your daily activities and work. Your own degree of fault in the accident can also affect the final amount.
You may be entitled to economic damages, such as emergency medical expenses, hospitalization, physical therapy, medical equipment, prescriptions, and lost wages, as well as non-economic damages like pain and suffering, post-traumatic stress, anxiety, depression, and loss of enjoyment of life.
Common injuries include muscle strains and sprains, whiplash, soft tissue damage, bruising or lacerations, herniated or slipped discs, spinal fractures, spinal stenosis, and paralysis. Whiplash can occur at speeds as slow as 2.5 miles per hour, so even minor crashes can cause lasting harm.
Online settlement calculators are rarely accurate because they cannot account for all the individual factors that go into a fair settlement, such as the specific severity of your injury and its unique impact on your life and work.
Adrenaline can mask pain right after an accident, so injuries may seem minor at first but worsen over time. Waiting to seek treatment can hurt your ability to heal properly and gives the defendant room to argue your injuries weren’t caused by the accident.
James Tawney is a dedicated advocate for injury victims throughout the Southwest. Born and raised in Arizona, he graduated summa cum laude from Northern Arizona University before earning his law degree from Texas Tech University School of Law. In 2016, James co-founded Tawney, Acosta & Chaparro P.C., where he continues to focus on protecting the rights of individuals and families harmed by negligence.