How an Attorney can Help with a Lower Back Pain Settlement
An attorney can help with a lower back pain settlement by assessing the full value of your case, including medical costs, lost wages, and long-term impacts. They gather evidence, such as medical records and accident reports, to prove liability and negotiate with insurance companies for fair compensation. If necessary, they can file a lawsuit and represent you in court to maximize your settlement. Additionally, attorneys ensure all legal paperwork is completed properly and within deadlines, protecting your rights throughout the process.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Each case is unique, and the amount that you may receive from your claim will vary depending on the severity of lower back pain, accompanying injuries, and other case factors that are detailed below. Our personal injury attorneys have helped thousands of individuals recover compensation for injuries, including individuals who have suffered from a lower back injury.
If you or a loved one is suffering from a lower back injury or has symptoms, you may be eligible to recover compensation. Getting started with your case is easy. Call 888-801-4813 or request a free case evaluation online. And remember, there are no upfront costs or legal fees – we only get paid if you win
Lower Back Pain Settlements
Settlements for lower back pain after a car accident can differ significantly based on several factors, such as the severity of the injury, treatments of the injury, the long-term impact on the individual’s life, and the circumstances of the accident. It’s essential to keep in mind each case is reviewed individually and can vary. Below are some details of lower back pain settlements to illustrate the range of potential outcomes.
Soft Tissue Injury: $10,000 - $50,000
In some cases, the injuries resulting from a car crash can lead to minor soft tissue injuries, such as muscle strains and sprains. These injuries typically do not require extensive and ongoing medical treatment or long-term discomfort.
Example: A 45-year-old woman is involved in a rear-end collision and seeks treatment at an urgent care. After her diagnosis of a lower back strain, she attends 4 weeks of physical therapy and misses a week of work. After treatment, her range of function and overall comfort have returned to normal. The case settled for $20,000, covering medical bills, lost wages, and a small amount for pain and suffering.
Herniated Disc Injury: $50,000 - $100,000
A herniated disc or slipped disc is a more severe injury that occurs from a car accident. Your spine comprises 33 bones called vertebrae, running from your skull to your tailbone. Between these bones are cushion-like disks. When a disk tears or leaks, it’s known as a herniated disk. This injury can lead to pain, mobility issues, and extended discomfort. However, these injuries don’t always require surgery, and the settlement offers may be more moderate.
Example: A 30-year-old man is injured in a car crash that involves a trip to the emergency room. After receiving a diagnosis of a herniated disc, he completes several months of physical therapy and chiropractic care. He ended up not needing to undergo surgery and returned to normal function. The case settles for $75,000 for his medical bills and pain and suffering.
Herniated Disc Injury with Surgery: $100,000 - $150,000
If a herniated disc requires surgery, the settlement value increases due to the invasive nature of the treatment, increased risk, and long-term effects.
Example: A 40-year-old woman is involved in a significant collision with a large car, she is taken via ambulance to the emergency room. After diagnosis of a herniated disc, doctors recommended a fusion surgery to repair the damage. Following the procedure, she is required to undertake months of physical therapy for her injuries to return to normal range of motion and function. Her case is settled for $300,000 to cover medical expenses and her pain and suffering.
Spinal Cord Injury: $500,000+
A severe lower back injury that involves spinal cord damage can lead to permanent disability or a significant reduction in mobility. Being a very significant injury, these are most likely to result in large settlements.
Example: A 30-year-old man was involved in a high-speed car crash, leading to partial paralysis, surgery, and the need for lifelong medical care and ongoing discomfort. He could not continue his current career path, and he incurred thousands in medical expenses. The case settled for $1.2 million to cover his medical expenses, lost wages, and compensation for pain and suffering.
Factors That Affect Lower Back Pain Settlement Value
Like all car accident settlements, it’s important to understand that each case is unique, and there are many factors that can affect settlement value. The factors detailed below are generally the most common variables.
1. Liability
Liability with car crashes lies with who has the legal responsibility for the damages for the accident, who is at fault, and if the collision could’ve been avoided. In some cases, insurance companies believe that the injured party did something to cause the crash or that they should have done something to avoid it. For example, if the injured party was speeding, did not have their headlights on, or had time to swerve. Because of this, it is important to always gather as much evidence as possible to make the strongest claim. This can include police reports or statements from medical professionals.
2. Severity of Injury
As shown above, the extent of the injury, including diagnosis and treatment, is very important to increase the settlement amount. For injuries that heal and allow the individual to return to their pre-collision life, settlements typically wouldn’t be as substantial as those for injuries that result in permanent disability or ongoing discomfort. Seeking continuous medical care is crucial for not only healing but also gathering a medical account of your ongoing pain.
3. Lost Wages & Loss of Earning Capacity
When an injury to the lower back is sustained, it can often cause an individual not to be able to return to work immediately. In a lower back pain case, the individual may be able to recover the amount of lost wages incurred during their recovery period.
In more severe injuries, the physical damage may prevent the individual from returning to their career or significantly reduce their potential for professional growth.
Examples:
- A construction worker who cannot return to work due to reduced strength and limited range of motion.
- A nurse who, after suffering paralysis, may be unable to perform the essential tasks required to continue their career.
- An Uber driver who misses a month of work while recovering because sitting for extended periods was too painful.
4. Pain & Suffering
Beyond the physical discomfort and pain that the individual experiences, the daily burdens cause a burden in other aspects of life due to the negligence of someone else. This can lead to anxiety, depression, PTSD, or anger. Any emotional burdens can be another reason for compensation for pain and suffering. Addressing emotional burdens by seeking professional help if they are interfering with daily life is important.
Examples:
- A dad is unable to pick up his children from daycare or play soccer with them on the weekends as he cannot endure the pain. This burden causes him to be distressed and puts an additional burden on his family.
- A college student cannot attend dance practice, which she deeply enjoys. As a result, she experiences feelings of isolation and depression, prompting her to seek help from a therapist to work through the emotional burdens caused by the crash.
- A woman is forced to give up her hobby of running as it hinders her recovery process. She begins to struggle with stress without having her outlet and experiences frustration and anger.
- A man can no longer drive home on weekends to visit his parents due to PTSD and a fear of driving, which developed after he experienced a traumatic crash.
Car accident settlements for pain and suffering can range anywhere from a couple thousand to hundreds of thousands of dollars.
Common Types of Lower Back Injuries
A car collision can cause a lot of various lower back injuries. It is expected to feel minor aches and pains immediately following a car crash. However, it is not unusual for the pain symptoms to worsen or develop over several days after the crash. This typically occurs due to the body’s response to the stress of the crash, releasing adrenaline that masks the pain.
It’s important to note that this is not a comprehensive list of all possible back injuries from a car collision. Seeking medical care promptly is essential. Early medical attention can speed up recovery and bolster a potential car crash lawsuit.
1. Whiplash or Muscle Strains
Whiplash in the lower back is usually caused by a rear-end collision where the abrupt force causes the tearing or stretching of the soft tissues that hold the spine together. This force can strain the muscles, ligaments, and tendons. The symptoms can include pain, swelling, and stiffness. Treatments for whiplash after a car accident can include pain relievers, heat or ice, rest, physical therapy, and muscle relaxants.
2. Herniated Disc
A herniated disc, sometimes called a slipped disc, occurs in the lower back and involves the cushions between the vertebrae in the spine. After a car crash, a spinal disc may shift out of its proper position and exert pressure on nearby nerves or the spinal cord. This displacement can happen when excessive pressure from surrounding bones, cartilage, muscles, or tendons affects a nerve. A herniated disc often leads to a pinched nerve, which can cause pain, tingling, weakness, or numbness. Treatments for a herniated disc from a car accident can be treated in many ways, including but not limited to physical therapy, spinal injections, chiropractic care, and potential surgery.
3. Spinal Fracture
The spine consists of 33 vertebrae, and a spinal fracture may occur following a car collision. A spinal fracture involves a partial or complete break in one of these vertebrae. A fractured vertebra can lead to symptoms such as pain, stiffness, muscle spasms, tingling, numbness, and in severe cases, paralysis. There are various types of spinal fractures, but one of the most common resulting from a car accident is a chance fracture. This type of fracture is caused by blunt trauma during the collision. A spinal fracture can be a serious injury. Common treatments include stabilization using braces, physical therapy, and potential surgery.
What To Do If You Experience Lower Back Pain After A Car Accident
After a car accident, it is important to call the police, no matter how minor the accident may seem. It is crucial to report it to the police to create an official report detailing the events leading to the collision.
If you are experiencing lower back pain after a car crash, it is crucial to seek medical attention as soon as possible. Due to adrenaline, pain can be masked and only revealed when medical attention is sought. Seeing a doctor as soon as possible after a car accident, even if you don’t have symptoms, can be extremely helpful to accelerate recovery. It is also important to have a documented diagnosis as well as statements to prove to an insurance company that the crash is the cause of your injury. Diagnostic testing is a key part of starting the road to recovery after a crash. After a car crash individuals typically receive MRI’s, CT scans, EMGS (for nerve damage), and x-rays. Showing a clear relationship between the crash and your injury is vital while seeking compensation for a car accident.
If you are suffering from lower back pain your first contact could include your primary care doctor or an emergency room professional. These medical care providers will potentially refer you to doctors that specialize in your injury including orthopedics, pain management, or physical therapist.
Get Help from A Personal Injury Attorney at Brown and Crouppen
If you or a loved one is suffering due to a lower back injury following a traumatic incident, you might be entitled to compensation. The choice of a lawyer is an important one and should not be decided without careful consideration. Our legal team is here to help you learn more about your legal options and evaluate the strength of your lower back claim. We care about our community and have dedicated our practice to helping injury victims recover justice, accountability, and compensation.
Get started today with your free case evaluation by calling us at 888-801-4813 or requesting a free case evaluation online. Our St. Louis and Kansas City car accident lawyers have helped clients recover over $1 billion in settlements and verdicts. And remember, there are no upfront costs or legal fees – we only get paid if you win
Frequently Asked Questions
How long do I have to file a lower back injury claim?
A lower back injury claim is considered a personal injury claim. The time limit for filing a personal injury claim are based on their statutes of limitations, which varies by state in the U.S.
In Missouri, personal injury claims have a statute of limitations of 5 years from the date of injury to file the claim. In Illinois, personal injury claims had a statute of limitation of 2 years from the date of injury to file a claim. It is important to consult with an attorney as soon as possible to ensure your claim is filed within the appropriate time frame.
If your car collision occurred while driving a vehicle for work-related reasons, your claim may be considered worker’s compensation. With workers’ compensation claims, the statute of limitations differs. In Missouri, the statute of limitations for a worker’s compensation claim is within two years after the date of injury. In Illinois, the worker’s compensation claim statute of limitation is three years from the date of injury.
Maintaining thorough documentation, including medical records, police reports, insurance communications, and photos of the collision, can assist an attorney in evaluating your case and pursuing appropriate compensation for your injuries. In some cases, individuals keep journal entries detailing their daily experiences during recovery to demonstrate ongoing pain and suffering resulting from the car collision. Obtaining legal assistance as soon as possible is recommended to allow attorneys ample time to gather evidence to pursue your legal claim.
How will my lower back injury claim take to resolve?
A lower back personal injury claim can vary significantly based on the type of claim and the severity of the injury. Typical settlements are often resolved within 12 to 18 months.
However, more complicated cases may take longer to resolve. If a case cannot be settled through negotiation with the insurance company, litigation, and a jury trial may be necessary to ensure proper compensation, which can extend the duration of the settlement process. Additionally, settlements might be delayed until treatment is complete to allow all parties to properly assess the damages. If the injury is permanent and requires lifelong treatment, the case could take longer than 18 months and sometimes several years. Ultimately, how long a car accident case takes to settle will depend on many factors. Asking your attorney for a time-frame after your case is evaluated will provide you with a clearer timeline.
Can I recover compensation if I had pre-existing lower back pain?
Yes, you can recover compensation from a personal injury after a car accident, even if you had a pre-existing condition that caused lower back pain. This is possible when the accident exaggerates your condition.
This is seen in many ways, including the following examples.
- A man underwent back surgery ten years before getting into a car accident. His lower back pain became minimal, and he could perform the tasks of his daily life normally. However, after the collision, his pre-existing injury was significantly aggravated, necessitating additional surgery.
- A woman who was recovering from a muscle strain and was near full function after weeks of physical therapy experienced a car collision. The accident caused a regression in her recovery, leading to additional months of treatment.
It is important to contact an attorney and explain the circumstances to the best of your ability to receive an accurate evaluation of your claim.
