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Those injured in a car accident due to another driver's carelessness may be wondering what the average settlement for neck injuries is. The amount of compensation that a victim receives is determined by various factors, and every case is different, with its own unique set of facts and circumstances.
The St Louis MO vehicle accident lawyer at Powell Law Firm is experienced in obtaining fair settlements for victims of car accidents, so contact us today for a free case evaluation and the chance to work with a reputable legal professional.
Why Neck Injuries Are Common in Car Accidents
A seatbelt does not secure their heads and necks while people travel in cars. Therefore, when there is a collision, it results in a sudden forward movement of the head and neck. Depending on how great the force applied to the vehicle during the collision is, injuries to the head and neck could be mild, moderate, or severe.
Mild to moderate injury, often caused by whiplash, leads to stiffness and damage to the neck muscles. In contrast, a more severe injury could cause damage to cervical vertebrae, intervertebral discs, and the spinal cord. These injuries could lead to permanent disability.
Two Major Factors that Determine the Settlement Amount for Neck Injury Cases
The significant factors influencing a claim's worth are the type of neck injury and its severity, and the medical care and treatment required.
Type and Severity of the Injury
Overall, the higher the insurance payout or jury verdict, the greater the severity of the injury. Cervical vertebrae fractures are typically valued more highly than muscle injuries such as a neck strain.
A more severe neck injury, such as a herniated cervical intervertebral disc, typically involves more medical care and significantly more medical expenses, resulting in a more significant settlement amount. Moreover, severe neck injuries often lead to lasting injuries or permanent disability, affecting the settlement amount.
If the neck injury victim had an existing condition, this might significantly impact the settlement amount. In this case, it is advisable to seek legal counsel from an experienced attorney to determine the value of a claim.
The Medical Care and Treatment Required
In general, all personal injury cases are evaluated based on the type and cost of the medical care required for the injury. A more serious neck injury requiring expensive neck surgery results in higher medical expenses and, therefore, a higher settlement.
Furthermore, in less severe cases like whiplash or strain to the head and neck muscles, the medical expenses are often significantly lower, resulting in a much lower settlement.
The degree of pain and suffering is more significant for a serious neck injury requiring corrective surgery and comprehensive therapy, versus a stiff neck which may only entail some form of physical therapy.
Insurance companies also place a higher value on a personal injury case if the victim was treated by a healthcare professional, such as a neurosurgeon, rather than a general practitioner or physical therapist.
Insurance Policy Limits
Another essential factor to consider is that insurance policies often limit the amount that a victim may claim after an accident. Therefore, victims may not obtain the total value of their claim solely from the insurance company.
In this case, victims can obtain the difference by filing a lawsuit against the negligent party with the help of an attorney.
The Average Payout for a Neck Injury
While every case is different, with whiplash cases receiving smaller settlements than severe injuries to the cervical vertebrae, spinal cord, or intervertebral discs, national averages for neck injury in the United States range between $5,000 and $50,000. More severe cases are awarded higher settlements, especially if a head injury accompanies the neck injury.
A seasoned attorney can help victims accurately calculate a fair settlement amount, so it is advisable to see an attorney after a car accident that led to a neck injury.
Involved in a Car Accident? Contact Us Today!
Victims involved in a car accident or rear-end collision that was not their fault are entitled to compensation for their injuries. These include their medical expenses, lost income, and pain and suffering. At Powell Law Firm, we pride ourselves on winning cases while still treating our clients with the utmost respect and care.
Those who have suffered neck injury can book their free case evaluation to determine how much they are entitled to in settlement, and we can fight to ensure that they receive what they rightly deserve.
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