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Home > Blog > Average Settlement For Car Accident Back And Neck Injuries

Key Takeaways:

  • Neck and back injury settlements vary widely depending on injury severity, recovery time, and liability.
  • South Carolina follows a modified comparative negligence rule that can reduce or bar compensation based on fault.
  • An experienced attorney can help identify liable parties, support your claim with evidence, and pursue full compensation.

 

 

Car accidents often leave victims with painful back and neck injuries that can take months or even years to heal. HawkLaw P.A. helps injury victims across South Carolina pursue maximum compensation by building strong legal claims and holding insurers accountable. If you’ve been hurt in a wreck, we’re ready to fight for the financial recovery you deserve.

Back and neck injuries are common in car accidents due to the force of impact, velocity of the vehicle, and position of the passenger. The cost associated with repair and rehabilitation can quickly add up, becoming burdensome on the average person. Knowing the average settlement for car accident back and neck injuries can help you navigate your finances if you are an accident victim.

At HawLaw P.A., we aim to help accident victims recover the highest settlement amounts so they can receive the treatments they need and move forward with their lives. It’s important to note that the amounts that follow are just averages. Each case is different, and no ethical attorney can guarantee you any set amount. As such, we at HawkLaw P.A. do our best to help you set realistic expectations about what you will be able to recover for your loss.

Common Neck Injuries After a Car Accident

Although neck injuries are common, some may not present symptoms at the scene of the accident. Pain from whiplash, for instance, may not be experienced for several hours or days post-accident. The most common neck injuries produced from a car accident include:

  • Neck sprain or strain
  • Recurrent muscle spasms
  • Facet joint injuries
  • Pinched nerves
  • Slipped or herniated discs
  • Broken neck
  • Compression
  • Stiff muscles and tendons
  • Cuts and lacerations

Each of these injuries can range from minor to severe, and will directly impact the amount of recovery the accident victim needs, and by extension, how much they are likely to collect in a settlement agreement.

an injured man lies on the ground, wearing a neck brace

Average Settlement for Car Accident Neck Injury Claims

Settlement amounts range due to numerous factors like:

  • The severity of the injury. The type of injury you have, the amount of pain it causes you, and the impact the injury has on your life all play a role in the amount you will be able to collect.
  • How many parties are involved. Some cases involve multiple parties, and thus, multiple insurance carriers. Having an experienced attorney can help you determine who is at fault, and how many carriers are involved. 
  • Insurance policy limits. Insurance policy limits may be higher if certain types of vehicles were involved. For instance, if you are involved in a car accident with a large truck, the policy limits may be higher and harder to obtain. 
  • Expected recovery time. Some neck and back injuries heal quickly, while others may result in permanent disability. Some studies show that at least 50% of accident victims who suffer neck and back pain still experience symptoms a year post-accident. A doctor is usually expected to provide an MMI statement, which means you have reached maximum medical improvement and are not expected to recover further. 
  • The level of experienced representation you have. Experience means everything in a lawsuit. An experienced attorney can uncover all parties involved in an accident, including local authorities who may be responsible for unkept roadways or missing signage that led to an accident. An attorney is also the best person to help you determine the amount you are owed for non-economic damages. 

As such, the following figures are estimates only, based on research compiled from national averages and South Carolina settlement data.

Average Settlements for Catastrophic Neck Injuries

A catastrophic neck injury is considered an injury to the cervical spine that results in permanent disability or death. The national average for these types of injuries ranges between $50,000-$150,000 or more, depending on the factors previously mentioned.

Average Neck Injury Settlement Without Surgery

Minor injuries have a wider variance for settlement compensation. Soft tissue injuries (which include muscle and tendon injuries) typically settle for amounts between $3,000 and $10,000. Moderate injuries, which involve more therapy, long-term pain, and additional treatments ,may settle between $10,000 and $50,000.00.

a model of a spinal column

Common Back Injuries After a Car Accident

It is not uncommon to experience a back injury along with an injury to the cervical spine. Back injuries, like neck injuries, may not present pain immediately. Having a thorough head-to-toe medical evaluation post-accident is the best way to rule out these common back injuries you might experience after a car accident.

  • Herniated discs
  • Back strain and/or sprain
  • Vertebrae fractures
  • Facet joint injuries
  • Degenerative spinal disorders
  • Spondolylothesis 

These injuries may also range from mild to severe, and the amount you can expect to collect will be determined by the severity of the injury, along with the factors previously mentioned. 

How Much Is the Average Settlement for a Back Injury?

Back injuries can be debilitating, even if they are considered minor. A sprained or strained back muscle can render you unable to effectively do your job or even complete daily tasks like caring for yourself or your dependents. Settlement amounts are influenced by numerous factors, and the figures below are only estimates based on national averages.

Back Injury Settlements With Surgery

Severe injuries such as herniated discs, fractures to the vertebrae, and catastrophic injuries that result in permanent disability or death can yield settlements between $50,000 to $150,000 and more. Your ability to make a full recovery and continue working to support yourself and your dependents will also play a role in the amount you can recover.

Back Injury Settlement Without Surgery

Minor and moderate back injury settlements yield settlements that are similar to mild and moderate neck injuries, with a national average that falls between the $3,000 to $50,000 and higher range.

Neck and Back Injury Settlements: National Average vs. South Carolina Compensation

South Carolina compensation amounts tend to mirror national averages, but there’s one caveat: our state follows a modified comparative negligence rule. This means that an accident victim can only recover damages if they are found to be up to 50% at fault for the accident. In such cases, the amount of damages they can recover will be reduced by their percentage of fault. If a victim is found to be 51% or more negligent for their accident, they are barred from collecting a settlement. 

Can a Lawyer Increase the Average Settlement for Car Accident Back And Neck Injuries?

No car accident attorney can guarantee the outcome of any case. At HawkLaw P.A., we carefully review your case, build strong arguments from solid evidence to support your claim, and pursue your ability to recover damages through a lawsuit, if needed. Having an attorney on your side, like a HawkLaw attorney, can be an advantage in helping you recover the most for both your economic and non-economic damages, and helping ensure your claim is filed correctly and timely. 

Without an experienced attorney, you risk leaving money on the table that you may not realize you are entitled to collect. You may also find yourself wading through mountains of paperwork and attempting to keep up with communication from the insurance company while you simultaneously try to recover from your injuries. 

Your solution? HawkLaw P.A. Our compassionate, thorough attorneys are experienced with South Carolina law and courts, and understand how to help you maximize your settlement and protect your interests if you were found at fault.

Hurt Your Back or Neck in a Wreck? HawkLaw Wants to Help!

We welcome the opportunity to serve you. Contact us today to schedule a consultation to review your case and learn about your options. HawkLaw P.A. is committed to personal injury claims and helping you obtain the compensation you need to take care of yourself. HawkLaw has offices in Anderson*, Charleston, Columbia, Greenville, and Spartanburg for your convenience.

*Our Anderson office is by appointment only. Cases are largely handled out of our Greenville office.


John D. Hawkins

Founder and CEO

John Hawkins is the Founder and CEO of HawkLaw He has been licensed to practice law in South Carolina since his graduation with honors in 1994 from the University of South Carolina School of Law, where he was on the Law Review and Order of Wig and Robe.


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