Average Neck Injury Settlement Amounts
Head, neck, and back injuries unfortunately occur all too frequently in car accidents throughout New York. These injuries can range from mild sprains to broken bones, causing lifelong impairment or even death. If you have suffered a neck injury in a rear-end accident, you may be unsure of your options. Fortunately, our personal injury attorneys in NYC have extensive experience in handling lawsuits related to whiplash and other neck injuries across the nation. If someone else’s negligence has caused you pain, allow us to assist you in fighting for the compensation you deserve. Contact Rosenberg & Rodriguez now for a free consultation.
Understanding Mechanism Of Neck Injuries
The mechanism of injury refers to the medical explanation of what occurs to your body during a traumatic event that leads to an injury. In simpler terms, it explains how you got hurt. It is crucial to have a clear understanding of the mechanism of injury in your neck injury claim as it helps the jury comprehend the necessity for compensation. Failing to do so may negatively impact the amount of money you receive in a neck injury settlement.
If an attorney lacks sufficient knowledge in medicine, their ability to convincingly argue the extent of their client’s injuries is compromised. This diminishes the chances of winning the case and obtaining a substantial neck injury settlement. The severity of your injury correlates directly with its adverse effects on you and your prospects in court. The following are the three most common types of neck injuries that can result from a car accident:
- Fractures of the cervical vertebrae, along with damage or rupture to the connecting ligaments and soft tissue.
- Injury to the spinal cord or discs resulting from shearing and bending between the cervical vertebrae, physical stretching of the spinal cord, or direct impingement by fractured vertebrae.
- Harm to the soft tissues surrounding the trachea, larynx, and esophagus, as well as major arteries and veins in the head and brain.
Suffering a neck injury due to hyperextension can result in soft tissue damage. While not fatal, it can lead to long-term disability and should be included in your settlement request. If you can establish a connection between this injury and a specific type of impact, such as a head-on collision, it can strengthen your medical claim.
While more common hyperextension injuries may only cause displacement of the vertebrae or spine, in rare cases, they can lead to complete dislocation. Fortunately, this can be easily proven with an x-ray or a similar insurance institute image, which will support your claim for whiplash compensation if you have been involved in a car accident.
When the head is bent forward and experiences an impact, it often leads to fractures of the vertebrae, including wedge and burst fractures, as well as dislocations of the spine. In most car accidents involving a rear-end or t-bone collision, the neck undergoes a rapid forward and backward snapping motion – either towards or away from the headrest. Due to this violent movement, neck injuries resulting from accidents are usually a combination of flexion-extension injuries.
When the head is in a neutral or bent position and there’s a sudden impact on the face, such as during a fall or collision, this can lead to fractures of the spinal processes, causing damage to the load-bearing surfaces of the spine and potentially resulting in spine dislocations. These injuries can have significant consequences on the overall structure and function of the spine, affecting mobility and potentially requiring medical intervention for proper healing and rehabilitation. It is crucial to be aware of the potential risks and take appropriate precautions to minimize the chances of such injuries occurring.
Tension-extension occurs when the body abruptly propels forward, causing the head to accelerate through the neck. This phenomenon is particularly relevant to passengers occupying rear-facing seats that either lack a headrest or possess an inadequately designed one. In such cases, the absence or suboptimal construction of a headrest exacerbates the risk of tension-extension injuries in the event of sudden deceleration or impact.
Common Neck Injuries Caused By Car Accidents
Minor injuries are those that do not result in long-term damage or discomfort. Typically, these injuries can heal on their own. Regrettably, numerous car accidents lead to more severe injuries that necessitate extensive medical attention and a lengthier recovery period. Some examples of such serious neck injuries caused by car accidents include:
- Muscle or tendon strains
- Whiplash injuries
- Traumatic brain injury
- Short-term memory loss
Although many of these minor injuries can be quite painful and may require medical attention, they will eventually heal naturally with time. It is always advisable to seek prompt medical care for any type of injury, particularly brain injuries such as concussions, as they have the potential to worsen over time.
- Concussions and traumatic brain injuries (TBIs), or
Recoverable Damages From Neck Injuries
Each neck injury claim is unique, resulting in a distinct settlement value. Nonetheless, certain types of financial compensation are more prevalent than others. The following list outlines the most commonly awarded forms of financial compensation for individuals involved in vehicle accidents and suffering from neck injuries:
- Reimbursement for all medical expenses and out-of-pocket costs incurred due to the injuries sustained.
- Compensation for lost income during the period of medical treatment and time off work resulting from the injuries.
- Adequate restitution for the pain, suffering, and inconvenience endured by the accident victim as a result of the injuries sustained.
- Compensation for a permanent neck injury or disability resulting from the car accident.
- Restitution for the temporary or permanent loss of earning capacity or inability to work due to the neck injury.
- Compensation for the loss of spousal companionship or support resulting from the neck injury.
If you have been involved in a car accident in New York and are now experiencing a neck injury, seeking the assistance of a skilled neck injury lawyer is crucial to ensure you receive the rightful compensation you deserve. In the event that the insurance company of the other driver refuses to provide fair payment, your lawyer will diligently represent you in court, fighting relentlessly to secure what is rightfully yours.
How Much Is the Average Settlement for a Neck Injury After a Car Accident?
The amount of compensation you receive for a car accident depends on the unique nature of your neck injury. Generally, more severe injuries result in higher settlements from the responsible party. For instance, temporary lower back pain typically leads to smaller payouts compared to permanent spinal cord damage.
For minor injuries that don’t require physical therapy or other treatments, the average auto accident settlement ranges from $2,500 to $10,000. However, if the victim has suffered a neck or back injury that necessitates injections or physical therapy, settlements can reach around $30,000. In more serious cases involving broken bones or significant trauma, neck injury settlements resulting from car accidents can exceed $100,000.
Contact Our New York Neck Injury Attorneys Today
If you’re concerned that the insurance company’s compensation for your neck injury may not be enough to cover the costs, you may be wondering about the typical value of neck injury settlements in car accident cases. Don’t worry, we’re here to assist you. Reach out to Rosenberg & Rodriguez today for a complimentary consultation.