Determining what is average settlement for a serious lower back pain in a car accident means understanding a number of factors which go into a settlement. It is important to know how each of these factors will change your settlement amount, whether it for better or worse.
What does “serious” mean?
When considering what is average settlement for serious lower back pain in a car accident, we first must talk about the term serious. This is because in New York State, a “serious injury” is actually a legal term. In order to have a serious injury you must meet one of the serious injury threshold categories. When it comes to your back, the most common would be a fracture, significant limitation, or permanent consequential limitation. While there are some other categories which may apply, these are the most common for back injuries.
A fracture is pretty self-explanatory. If any part of the bones in your lower back are broken, then you qualify for the threshold. As for significant limitation, and permanent consequential limitation, these are a bit tricky. The difference between the two is that a significant limitation does not necessarily have to be permanent for you to recover. Usually, these two categories are met through limitations set forth by your doctor. For example, if you have a range of motion limitation of 20% or more, you will likely qualify. The same can be true if you have significant lifting or movement restrictions in your lower back as a result of the accident. In these instances, your doctor will have to explain exactly how the injury causes these specific limitations. The amount of the limitations will alter what the average settlement for a similar serious lower back pain in a car accident.5
What is the average settlement for a serious lower back pain in a car accident after surgery?
In assessing these categories, the main factor which determines what is the average settlement for serious lower back pain in a car accident is medical treatment. The amount and significance of medical treatment you get following the accident is the single greatest factor. For example, there are many many verdicts and settlements with back injuries with surgeries in the millions of dollars. The same cannot be said for non-surgical back injuries. While these cases can still have value, they simply are not treated the same by insurance companies. This is because lower back surgeries are very significant procedures. If your doctor is recommending surgery to your lower back, it is generally a last resort.
Does how the accident happened change the average settlement for serious lower back pain in a car accident?
In addition to your medical treatment, how the accident happens is very important in determining what is the average settlement for serious lower back pain in a car accident. Regardless of how serious the injury is, there must be liability in order to recover from an accident. This means that you will have to prove that someone else is at least partly at fault for the accident. Without this, even the most serious injuries will not get fully compensated. That is why it is important to call a lawyer with a great investigative team. This team should scour the scene for cameras and potential witnesses so that they can help prove your case.