If you or a loved one have been unfortunate enough to be involved in a car accident, and as a result has suffered a back or neck injury, you will know how catastrophic this can be. Neck and back injuries, no matter how minor they may seem, can have a profound impact on your day-to-day life. In worst-case scenarios, they can be life-changing with no means of recovery.
Crash-related injury claims are complex and time-consuming. It can often be tempting to accept the first settlement you are offered so you can move on with your life.
At Trevino Law Office, we take this stress away from you as much as possible. We are dedicated to helping victims recover compensation for their injuries. We understand that recovering from an injury can be mentally as well as physically demanding. We want our clients to focus on their physical recovery, whilst we focus on recovering the financial settlement they deserve.
In this article, we will look at how we will help you recover what you deserve if you have suffered a back and/or neck injury as the result of a car accident. Our highly skilled and experienced personal injury attorney will look at what factors can impact the value of your claim and the best way to react to any settlement offers.
What Is The Average Insurance Settlement For Back And Neck Injuries?
When we look at the statistics for the average settlements awarded to victims of car accidents, they are surprisingly low. In fact, the average settlement for back and neck injuries as a result of a car accident is only around $15,400.
However, this figure is misleading and shouldn’t be taken at face value. Every individual case is different as each individual’s circumstances are unique. Back and neck injuries are especially complex due to the range of injuries they cover ranging from minor sprains to spinal cord injuries and paralysis.
Each case will also differ due to an individual’s legal situation and insurance policies. As such, it is so important that you do not just accept the first settlement offer you receive without seeking sound legal advice first.
At Trevino Law Office, we understand that every case will involve a unique set of facts and circumstances and that an average, computer-generated sum will not sufficiently cover your situation.
Who Are Insurance Adjusters?
Insurance adjusters are the individuals who act on behalf of the insurance companies to evaluate claims and review the amount they deem as a fair compensatory amount.
They will review all the evidence available to them including your medical records and crash reports. They will have access to all the documentation that your personal injury attorney will also have. The key difference is that your legal representative will see all information as a means to generate a fair settlement for you. They will view your case as a human and see your case as a person who has suffered a tremendous injury as a result of someone else’s negligence.
On the other hand, the insurance adjuster will view your case from a financial perspective and will try and save as much money as possible for the insurance firm. You will merely become a case number linked to expenses, property damage, and medical costs.
During the course of your case investigation, the insurance adjuster may have queries regarding your case. It is important that you are adequately represented so that these queries can be dealt with adequately. If you are unrepresented, the adjustor could take advantage of this and try to reduce or eliminate your pay-out.
An insurance adjusters’ main role is to reduce costs as much as possible. For this reason, you should not accept the first settlement offered by an insurance company. Your legal attorney will evaluate all factors of your case and the severity of your injuries to ensure that any settlement accepted is a fair representation.
How Are Settlement Values Calculated By Insurance Adjusters Following A Car Accident?
If your car accident was a result of negligence by another person, you will need to present certain evidence in order to back your claim and recover damages from the insurance company. These will include:
- Providing evidence that the at-fault driver owed a duty of care to you and that they violated this duty of care to cause your injuries
- And, that these actions resulted in physical damages, such as pain and suffering, lost income, and medical bills
If you are unable to provide this evidence the insurance company may not consider evaluating your claim.
As most car crash cases will involve providing evidence of negligence, a detailed investigation of the circumstances will need to take place.
This will help your attorney decipher the facts and understand the at-fault driver’s careless and reckless actions or behavior. This investigation will involve a careful review of your medical records and crash data, consultation with experts, and witness interviews.
Along with providing evidence of negligence, there will be additional factors that will affect the strength and value of your back or neck injury claim. Your legal attorney will evaluate these factors and use their skilled experience to enhance your claim and settlement award.
Factors Which Will Affect Your Back Or Neck Injury Settlement
At Trevino Law Office, we have a dedicated team of experts who will use their experience and past success to evaluate your case and consider the range of factors that will impact your claim.
Every victim’s injuries and recovery will be different and unique to them. Likewise, no two car crashes will be the same. It is not feasible to expect every spinal injury to be awarded an identical settlement each time, as the recovery of a spinal injury will vary from person to person and will be a unique process to them.
Your dedicated legal representative will assess your case thoroughly and consider the extent of your injury and your recovery process. They will attach this information to your case as a whole to determine your injury claim’s settlement value.
During the course of this investigation, your legal attorney will consider the following factors, all of which can affect your overall compensation:
1. The Type Of Back Or Neck Injury You Have
Back and neck injuries are complex traumas that can cause serious, and sometimes permanent damage. When you are involved in a car crash, your body will experience the force of acceleration and deceleration which can cause bones to break and tissue and nerve damage.
The design and make-up of your back and neck are complex structures. Even a small amount of damage can cause extreme pain.
There is a range of injuries that can happen as a result of involvement in a car accident. These can include:
Spinal Cord Injuries
Spinal cord injuries can lead to permanent and irreversible damage. The spinal cord is the nervous system that connects our brain to the rest of our body. Injuries, where the spinal cord becomes severed, will lead to permanent damage and could lead to paralysis.
Accidents, where extreme force is felt, can lead to injuries to your back where the bones are broken in your spinal cord. The bones around your spinal cord are there to protect it. Injuries to them can lead to surgery, bracing, and continued medication.
The purpose of our discs is to absorb the force of shock we experience in day-to-day life. If these discs tear or change shape, they can put pressure on the nerves within your back and neck, which will cause severe pain. This can result in chronic pain management, physical therapy, and even surgery.
Spondylolisthesis (Slipped Vertebrae)
Car crashes can cause our bones to not only break but to move. A slipped vertebrae can cause a huge deal of pain and can even result in surgery.
Strains And Sprains
Whilst these injuries may not be life-limiting or permanent, they can still cause a significant amount of pain.
One of the most common injuries from a car crash, whiplash happens when your neck is forced forwards and back at speed during an accident. A whiplash injury can result in damaged tissue.
Car accidents can cause nerves to pinch causing numbness, shooting pains, and weakness to your nervous system.
If you have been involved in a car accident and already have spinal arthritis, a serious impact such as a car crash can speed up this process and increase the pain.
Injuries that will have a life-changing or permanent effect, will have a higher settlement value than smaller or minor injuries.
2. Do You Require Ongoing Medical Care?
If you have been involved in a car accident and have suffered injuries as a result, you will be familiar with how medical costs can quickly escalate. These medical costs, including costs involved in future care, will need to be included in your personal injury claim.
If a serious injury has occurred, there will be a number of professionals involved in the care you receive. You may also need assistance to complete day-to-day tasks.
Medical costs which need to be included in your settlement claim include:
- Any diagnostic tests such as scans, EMGs, CT Scans, or MRIs
- Any surgical procedures
- Physical therapy
- Medication and pain management
- Injections for pain management
- Any mobility devices necessary such as wheelchairs or walkers
Your personal injury attorney will also need to factor in any ongoing surgical plans necessary for your recovery. They will discuss future medical care plans with the doctors in charge of your care and add this to any settlement negotiations.
3. Are You Able To Return To Work?
Neck and back injuries can have a serious impact on your ability to return to work. Due to their complexity, injury recovery can be a long process and could include numerous surgeries and medical care.
This will mean you have an extended period away from work and could affect your ability to return to your previous line of work at all. Your injuries may mean that you will never be able to return to work.
Your attorney will look at your loss of earnings to date as a result of your injury, along with the projected loss of income over your lifetime. This will be factored in and negotiated into your settlement claim.
If you are fortunate enough to return to work quickly, this will have an impact on how much your claim will be worth compared to someone who has suffered a permanent disability.
4. How Much Insurance Money Is Available?
The amount of insurance money available to cover your claim will depend on which premium the at-fault driver has, and whether your claim will be against an individual or corporate entity. If your car crash was in Texas and the at-fault driver was working at the time of the accident, your claim file will need to be against their employer as opposed to them individually.
The cost to facilitate the recovery of a neck and back injury can be extremely expensive. In some cases, the at-fault driver’s insurance policy will not fully cover the cost of your recovery, let alone loss of earnings and other damages. In these cases, your attorney will need to explore other options such as personal injury protection (PIP).
Unfortunately, complications such as this are very common and can be difficult to navigate. The last thing anyone needs after a serious collision is the stress and worry of medical costs and ongoing care bills. At Trevino Law Office we take care of the details so that you can fully focus on your recovery.
5. How Strong Is Your Legal Claim?
Car accident claims can become very complex and messy in a short space of time. Sometimes, at-fault drivers do not admit liability easily or will use a grey area to shift blame back onto the injured party.
This can cause a great deal of distress to the claimant and allows insurance companies to try and relinquish your right to compensation.
In some cases, the at-fault driver may not have any insurance at all and different methods of recovery will need to be used.
Our highly skilled team at Trevino Law Office has a wealth of experience in claims defense and will strategize comprehensive litigation to ensure you get the result you deserve. We have a reputation for taking hard cases to trial and winning them! This will be no different when we take your case on.
6. Texas’ Statute Of Limitations
Under Texas Law, the time limit you have to file an insurance claim following a car crash is two years from the date of the crash. If you file a claim after this window of time, you may lose out on your right to claim compensation.
Whilst two years sounds like a long period of time, this timeframe will include your recovery and you might not be in a position to file right away due to the extent of your injuries.
It is also worth noting that settlement claims for neck and back injuries resulting from a car crash can take a long time to process. The complexity of the process from the initial investigation, to the negotiation stages, and possibly the preparation of your case for trial, can all take a long time. The longer you leave to file, the more complicated this process will be.
Do You Need An Injury Attorney Following A Car Accident?
Sometimes you may think it is simpler to file a claim yourself and not to include legal representation. You might think you’ve already suffered enough trauma without complicating things further. You could assume it will cost a lot of money to be legally represented. Insurance adjusters may even actively discourage you from contacting a lawyer as they know this will impact the amount of the final settlement.
However, this information is inaccurate. Having a dedicated and qualified attorney representing you from the off will greatly enhance your chance to succeed and settle successfully. We will fight tooth and nail with insurance companies to ensure you have the settlement you deserve.
In opposition to complicating things, including a legal team to act on your behalf will greatly reduce the stress you endure as we take the onus from you. Here’s why you should include an attorney to act on your behalf:
1. Your Attorney Will Protect Your Best Interests
The role of an insurance adjuster is to prepare a claim file that includes as little compensation as possible. They will cut corners to reduce damage costs and use every excuse under the sun to potentially stop your claim altogether.
Born and bred in San Antonio, Candelario S.Trevino Jr is passionate about the community he serves and has been successful in over 80% of his personal injury court cases. Attorney Trevino has dedicated his legal practice to recovering compensation from insurance companies and from the corporations that are deemed liable for a personal injury.
Trevino Law Office realizes how catastrophic a neck or back injury from a car accident can be on your present-day life and your future. We are passionate about securing the highest financial settlement we can on your behalf. And we will stop at nothing until that happens.
2. We Work On A Contingency Fee Basis
You may assume that having a legal attorney represent your case on your behalf will be a lengthy and costly process. However, at Trevino Law Office we only work with clients on a contingency fee basis. This means that we only get paid if we successfully settle for you.
There are no upfront costs and our initial consultation is free of charge. We will guide you through the process every step of the way and will not charge for any services during the process. And, if on the very rare chance we are not successful, you will not pay us a cent!
There is no commitment to use our services following your initial consultation and we have removed the element of risk.
3. Back And Neck Claims Can Be Very Complicated
Following involvement in a serious car accident, the last thing anyone wants or needs is a long and complicated insurance claim. However, due to their nature, personal injury claims tend to get very complicated very quickly. The onus of blame is easily shifted and contested, and insurers will try their luck as much as possible to retract any financial settlement.
Add to this the complex terminology included in medical reports and differing opinions on ongoing treatment plans between your medical team and the insurance teams, and you’ve got a headache to add to your injury.
It is also worth noting that you may not be in a physical or mental condition to facilitate the legal and insurance process. Medication used to treat neck and back injuries often have side effects which can leave you light-headed or delirious. It would not be sensible to make financial decisions whilst under the influence of medication.
When you work with a personal injury attorney such as Trevino Law Office, we will take all of the stress of the process out of your hands, so that you can focus on getting well.
Trevino Law Office – Attorneys Fighting Tirelessly For Traffic Accident Victims
Anyone can be unfortunate enough to suffer devastating injuries as a result of a car accident. In a few moments, your whole world can be turned upside down, and life as you know it can change forever.
If you suffer a neck or back injury at the hands of someone else’s negligence, under Texas Law you have the right to file a claim against them. This will include the costs incurred for your care, physical damage costs, and for the loss of income sustained as a result of the injury.
As we have looked in-depth through this article, there is no such thing as an average compensation award for neck and back injuries from car accidents, as there are no average accidents. Each one of our clients has unique circumstances that have resulted in them filing a claim. Our clients are not average, so why should their settlement fee be?
While we understand this can be a daunting process, at Trevino Law Office we are dedicated to our clients and their welfare. We will do everything in our power to guarantee you the settlement you deserve. We work on a contingency fee basis to make things a lot less complicated. We want to give our clients the peace of mind that they won’t be out of pocket for taking the legal representation they deserve to have.
To schedule a free consultation with an experienced attorney regarding your case, call 210-255-3088 or fill out the form on the website today.
Frequently Asked Questions
What Kind Of Injuries Affect A Car Accident Settlement?
You can suffer a range of injuries as a result of a car accident which can range from minor to severe. Neck injuries such as whiplash are fairly common with car accidents but neck injuries can range from small strains, to neck fractures and breaks.
Back injuries can also range in severity from herniated discs to extensive spinal trauma which can lead to paralysis and be irreversible.
The more serious the nature of the injury, the higher the probability that a settlement will be of a higher financial sum.
What Is The Average Settlement For Neck And Back Injuries?
The amount of compensation awarded to claimants for neck and back injuries as a result of a car accident can range enormously. Depending on the severity of your injury, the circumstances around the accident, and if you are representing yourself or have legal representation will all play a part.
Relatively minor injuries may receive compensation in the low thousands, whilst serious and irreversible injuries could result in a pay-out in the hundreds of thousands.
In Texas, the average award amount is just over $15,000. Although at Trevino Law Office we are dedicated to making sure our clients receive the best possible settlement. We have an over 80% success rate in winning settlements for our clients which far exceeds the average.
How Long Have I Got To File An Insurance Claim?
If you have suffered a road traffic collision in Texas and as a result, you have received an injury, you will most likely be looking at how you can file an insurance claim against the at-fault driver.
Under Texas law, you have 24 months to file an insurance claim from the day of your accident. Whilst this seems like a long time, the sooner you can file a claim the sooner the process can begin. Appointing legal representatives from the off will give them time to focus on your case in detail to fight for the best outcome for you.
Trevino Law Office is passionate about helping victims within the greater San Antonio area. The community we serve deserves the best and we are dedicated to fighting for them so they have the compensation they deserve.
Suffering a back or neck injury as a result of a car accident is a huge trauma, both physically and emotionally. We want our clients to focus on their recovery while we focus on recovering their financial compensation.
We genuinely care about our clients and we want the best for them. They are not just an average case number to us and as such we do not expect them to receive an average payout.
We work tirelessly to hold those responsible accountable, and for our clients to receive adequate compensation for the trauma they have endured.
Our highly skilled team is unparalleled in our field and our success in and out of the courtroom is unrivaled. We are a family business that is committed to helping our clients and their families at the worst times of their lives. Let us help you today. Contact us here to arrange a free no-obligation consultation.