November 16, 2023 | Reading Time: 7 min 
Summary:
- Nobody can provide you with an estimate of your potential settlement except for a qualified attorney who has reviewed your case.
- Your settlement may vary depending on factors like the severity of your injuries and their impact on your quality of life.
- Medical records, accident reports, eyewitness accounts, and expert testimony can all influence the outcome of your case.
- Work with a qualified attorney for the best chances of success in your case.
Car accidents are a leading cause of back and neck injuries. Car accidents cause over 850 thousand cervical spine injuries every year, ranging in severity from whiplash to fractures to spinal cord injuries. Even a minor back or neck injury can have a severe impact on your quality of life.
If you’ve been in a car accident and received back or neck injuries, you may be wondering how much a settlement could be worth. It’s important to note that nobody can provide you with an estimate of your potential settlement except for a qualified attorney who has reviewed your case.
Neck and back injury settlements can vary based on a number of factors, including the severity of your injuries, other damages you’ve suffered, and available insurance coverage.
Understanding Back and Neck Injuries from Car Accidents
Motor vehicle collisions are the most common cause of spinal injuries in the United States. The forces involved in a car accident can cause the spine to twist or hyperextend, causing sprains and whiplash. One in 300 car accident victims experiences a severe neck injury.
Car accident neck and back injuries can have debilitating long-term effects, including chronic pain, mobility problems, or even paralysis. Rehabilitation can be difficult, painful, and expensive.
Even minor neck and back injuries in car accidents can cause symptoms such as:
- Pain
- Numbness
- Headaches
- Dizziness
- Tingling
- Stiffness
- Weakness
If you’re involved in a car accident, and you experience any of these symptoms, seek medical attention right away. Immediate treatment provides the best long-term results, and medical records can provide essential documentation for a neck and back injury settlement.
Factors Affecting Settlement Estimates
Every case is unique. Neck and back injury settlement amounts can vary depending on a range of factors, including:
- Severity of injuries: The more severe your injuries are and the higher your medical bills, the greater your settlement amount is likely to be.
- Total damages: Aside from the costs associated with your injuries themselves, other damages like lost wages can increase your settlement.
- Change to quality of life: Your neck and back injury settlement amount is likely to be higher if your injuries have significantly impacted your ability to work, pursue hobbies, or enjoy life.
- Available insurance coverage: The amount of insurance coverage available will also impact your final payout.
Working with an experienced neck and back injury lawyer like the team at Cellino Law can provide a more specific figure for the settlement amount you can pursue in your case.
Documentation and Evidence Required to Make a Proper Settlement Estimation
In order to make a proper neck and back injury settlement estimation, your attorney will need to gather evidence to support your claim.
- Medical records provide documentation of the extent of your injuries and the treatment you’ve received.
- Accident reports from the police can help to establish what caused the accident and who was at fault.
- Eyewitness accounts can help to corroborate your story and support your claim, especially if multiple eyewitnesses confirm the same story.
- Expert witnesses like medical experts or accident reconstructionists can help explain complicated evidence and provide a more detailed picture of the accident and your injuries.
Your attorney will let you know what documentation they need from you to make the best possible case.
Types of Damages You Can Recover via Settlement
After a neck and back injury, you may suffer a variety of effects on your finances and your day-to-day life. Typically, you can recover damages including:
- Medical expenses: The cost of your doctor visits, hospital stays, medication, or rehabilitation.
- Lost wages: The value of the wages you were unable to earn due to missing work after your injury.
- Pain and suffering: Compensation for the physical and emotional pain you’ve suffered as a result of your injuries.
- Punitive damages: In severe cases, you may be awarded punitive damages if the at-fault driver was negligent or reckless.
Estimating Your Neck and Back Injury Settlement
Attorneys use a variety of methods to estimate your neck and back injury settlement amount.
- The multiplier method involves multiplying your medical bills by a factor of 2-5 to estimate your other damages, like pain and suffering.
- The per diem method assigns a daily dollar amount to your pain and suffering.
- The bodily injury scale is a rating system that assigns a value based on the severity of your injuries.
While these techniques can provide a useful estimate of your settlement amount, it’s still important to have your case evaluated by an experienced attorney. They will be able to consider all the factors that may affect your settlement amount and can use these methods to provide a more accurate estimate.
Steps to Take After a Car Accident to Prevent Damage to Your Claim
In order to protect your right to compensation, it’s essential to take the right steps after a car accident.
First, seek medical attention right away. Even if you don’t feel injured, you should get thoroughly checked out by a medical professional. Any injuries should be documented for your case, and they may find injuries you were unaware of.
After you’ve called for medical attention, report the accident. A police report will be a valuable piece of documentation about what occurred and who was at fault. You should also take photo or video evidence of the scene of the accident and any involved vehicles and take down contact information from any eyewitnesses.
Finally, you should contact an attorney as soon as possible. An attorney can help you navigate the legal system and protect your rights, and your chances of a successful claim improve dramatically.
Contact Cellino Law to Speak with an Experienced Car Accident Attorney About Your Potential Case
If you’ve received a neck or back injury in a car accident, Cellino Law wants to help. Our team of experienced attorneys can evaluate your case and provide you with a settlement estimate, and we’re ready to fight for your rights every step of the way.
Call us at (888) 888-8888 or contact us online to speak with us about your case.
Frequently Asked Questions
How long does it take to settle a New York car accident case?
Every case is unique, but in New York State, a car accident injury claim usually takes between 12 and 18 months to complete. Working with a qualified attorney can provide a more accurate estimate.
Can I still receive compensation if the accident was partially my fault?
Yes, you may be able to receive some compensation for the accident, even if you were partially at fault. New York State uses a rule called pure comparative negligence, meaning you can recover damages proportionate to your degree of fault.
Is there a deadline for filing a car accident claim in New York?
There is a three-year statute of limitations for filing a car accident claim in New York. If you don’t file a claim within three years of the date of the accident, you may forfeit your rights to a claim.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.