Car crashes are one of the main causes of back and neck injuries, which can be anywhere from slight sprains to permanently life-changing spinal cord injuries. Even a seemingly insignificant crash can cause chronic pain, restricted mobility, and excessive medical bills. While seeking a personal injury lawsuit, it is essential to know what is considered the average settlement range for such injuries in order to know if an insurance settlement is reasonable or legal proceedings should be initiated.
Why Neck and Back Injuries Are Common in Car Accidents
Car accidents expose the body to violent and abrupt movements, particularly in rear-end crashes, side impacts, and rollovers. The impact tends to jerk the head, neck, and spine violently, resulting in injuries. Some common risk factors are:
- Seatbelt injuries: While seatbelts save lives, they also restrain the upper body, causing a sudden stop that can strain the neck and spine.
- Whiplash effect: When the head snaps forward and backward, it can cause soft tissue damage, disc injuries, and chronic pain.
- Direct impact injuries: If the head, neck, or back hits the steering wheel, dashboard, or window, it can result in fractures, spinal cord damage, or brain injuries.
Understanding how these injuries occur is essential in determining the severity, necessary medical treatment, and potential settlement value.
Common Types of Neck and Back Injuries in Car Accidents
Neck and back injuries are two of the most prevalent and disabling outcomes of automobile accidents. The impact can result in anything from minor strains to serious spinal cord injury, resulting in ongoing pain, restricted mobility, and extensive medical treatment.
Knowledge of the various neck and back injuries can enable accident victims to identify symptoms, receive prompt medical care, and claim reasonable compensation for their damages. In this article, we present the most prevalent neck and back injuries caused by car accidents and how they may affect a victim’s health and well-being.
1. Whiplash
- One of the most common car accident injuries, especially in rear-end collisions.
- Symptoms include neck stiffness, headaches, dizziness, and chronic pain.
- May require physical therapy, chiropractic care, and pain management.
2. Herniated or Bulging Discs
- Occurs when the soft cushion between spinal vertebrae shifts or ruptures, pressing on nerves.
- Leads to intense pain, numbness, and muscle weakness.
- Treatment may involve pain medication, steroid injections, or even surgery.
3. Spinal Cord Injuries
- Severe cases can result in partial or full paralysis.
- Victims may require lifelong care, rehabilitation, and assistive devices.
- One of the highest-value injury claims due to long-term disability and loss of income.
4. Soft Tissue Damage & Muscle Strains
- Includes torn ligaments, sprains, and deep muscle bruising.
- May not appear immediately but can cause lasting pain and reduced mobility.
5. Fractured Vertebrae
- Broken bones in the spine can lead to chronic pain and nerve damage.
- Often requires surgical intervention, bracing, and long-term therapy.
6. Nerve Damage
- Severe car accidents can cause nerve compression or permanent nerve damage.
- Symptoms include burning sensations, tingling, numbness, and mobility issues.
Average Settlement Amounts for Neck and Back Injuries
Settlement values depend on injury severity, medical costs, and long-term impact. Typical payout ranges include:
- Mild Soft Tissue Injuries (Whiplash, Strains): $10,000 – $50,000
- Herniated Disc or Chronic Back Pain: $50,000 – $100,000
- Fractured Vertebrae or Surgery Required: $100,000 – $500,000
- Severe Spinal Cord Injuries (Paralysis, Permanent Disability): $500,000 – $1,000,000+
Key Factors That Affect Settlement Amounts
There are multiple factors that go into determining the settlement value for neck and back injuries in auto accident claims. The degree of the injury, medical bills, lost income, pain and suffering, and level of fault are just some of the things that will affect compensation.
Also, the policy limits of insurance, the strength of medical proof, and whether the case ends up going to trial can all affect the final settlement. By knowing these key factors, accident victims can set realistic expectations and negotiate a good settlement for their injuries.
1. Severity of the Injury
- More serious injuries result in higher compensation.
- Long-term pain or permanent disability increases settlement value.
2. Medical Expenses
- Covers hospital bills, surgery, rehabilitation, and future treatments.
- Extensive care increases the overall claim value.
3. Lost Wages and Future Earning Capacity
- Compensation includes income lost due to the injury.
- If the injury prevents the victim from returning to work, settlements increase.
4. Pain and Suffering
- Victims may receive compensation for physical pain, emotional distress, and reduced quality of life.
- Multiplier methods (1.5 to 5 times medical expenses) are used to calculate these damages.
5. Insurance Policy Limits
- Settlement offers depend on the at-fault driver’s insurance coverage.
- If limits are too low, victims may need to sue for additional compensation.
6. Legal Representation
- Hiring an experienced personal injury lawyer can increase settlement amounts.
- Attorneys negotiate aggressively with insurance companies and pursue lawsuits if necessary.
How Insurance Companies Calculate Settlements
Insurance adjusters evaluate settlements based on:
- Medical Costs: Current and future medical bills.
- Lost Income: Wages lost due to recovery time.
- Pain and Suffering: Emotional distress and long-term discomfort.
- Permanent Disability: If the injury leads to permanent impairment or mobility issues.
They use multiplier methods to calculate pain and suffering:
- Minor injuries: Multiplier of 1.5 to 2
- Moderate injuries: Multiplier of 3 to 4
- Severe or disabling injuries: Multiplier of 5 or higher
For example, if medical bills total $30,000 and a multiplier of 4 is applied:
$30,000 × 4 = $120,000 settlement
Steps to Maximize Your Car Accident Settlement
- Seek Medical Attention Immediately
- Medical records serve as key evidence in personal injury claims.
- Delaying treatment can weaken your case.
- Document the Accident
- Take photos of injuries, vehicle damage, and accident scene.
- Obtain a police report and witness statements.
- Keep a Pain Journal
- Record daily pain levels, emotional struggles, and mobility issues.
- Helps demonstrate ongoing suffering to insurance adjusters.
- Do Not Accept the First Insurance Offer
- Initial offers are often lowball settlements.
- Negotiating or hiring an attorney can result in higher compensation.
- Hire a Personal Injury Lawyer
- Lawyers handle negotiations, gather evidence, and file lawsuits.
Insurance companies offer larger settlements when attorneys are involved.
When to File a Lawsuit Instead of Accepting a Settlement
If the insurance company offers an unfair settlement or denies your claim, filing a lawsuit may be necessary. Reasons to sue include:
- The at-fault driver denies responsibility.
- The insurer refuses to cover medical expenses.
- The injury results in permanent disability.
- The insurance policy limits are too low to cover all damages.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
