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.
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 New Mexico car accident attorney to ensure you do not settle for less than you are owed.
How Much Is The Average Settlement for a Back Injury?
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.
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.
There is a lot that goes into determining the value of your claim, so it is important that you never accept a settlement that is less than what you are entitled to.
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.
A Las Cruces car accident attorney can help you gather evidence and determine a fair settlement amount.
Back Injury Settlement Without Surgery
Not all injuries require surgery, and in some cases, doctors do not recommend surgery because it could cause additional limitations. However, even without surgery, your medical expenses may still be considerable.
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.
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:
- Muscle strains and sprains,
- Whiplash,
- Soft tissue damage,
- Bruising or lacerations,
- Herniated or slipped disc,
- Spinal fractures,
- Spinal stenosis, and
- Paralysis.
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.
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.
Choosing a New Mexico Back Injury Attorney
The team at Tawney, Acosta & Chaparro, P.C. has decades of personal injury experience in New Mexico, 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.
Contact us today to schedule a free case consultation and learn more about how we can help.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.
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