Determining the average settlement after a car accident is extremely difficult. Statistics on injury settlements are not commonly collected and often vary depending on how the settlement is achieved, e.g., through insurance, out of court, or during trial. Moreover, every case is unique, and the damages from a car accident are so closely tied to the specifics of your case that looking to an average may not help you understand what your case is worth. Miami car accident lawyer Prosper Shaked offers free consultations to help injured victims understand what their car accident case might be worth. A Miami personal injury lawyer at Prosper Shaked Accident Injury Attorneys PA explain how your settlement amount may be calculated for back injuries after a car crash.
How Are Damages for Back Injuries Calculated in Florida?
When you are injured in a car crash, you may be entitled to damages for the harms you suffered. Of course, seeking damages for the harm to your vehicle is important, but any injuries you face should be the core focus of your claim. The damages you receive from a car accident lawsuit can include any harms you faced because of the injuries, including the three primary areas of damages: medical expenses, lost wages, and pain and suffering.
The damages for medical expenses may include any costs that you faced because of your injury. A back injury involving spinal cord injury can be catastrophic and may require years of ongoing medical treatment and homecare. If your injury is a simpler back injury, it can still require emergency medical care to ensure the injuries are not more serious. Ongoing medical care may involve physical therapy, rehabilitation, and chiropractor appointments, which could become quite expensive. All medical expenses related to the injury should be compensated in full as part of your damages or settlement.
Lost wages can be substantial if you suffered a serious injury. If you were paralyzed because of a spinal cord injury, you may be limited as to what jobs you can perform. Especially if you previously performed physical labor, you might not have the ability to continue to perform those job tasks, and you might need to take a less physically-demanding job. If your back injury was not severe enough to cause paralysis, you may still have flare-ups or increased risk of suffering a herniated disc or another acute injury. In any case, you may be forced to accept modified job tasks or a lower-paying job, which could mean losing ongoing wages and suffering reduced earning capacity. This should be compensated alongside medical expenses.
Lastly, pain and suffering damages should be available in some cases. These damages are used to compensate you directly for the pain you experienced and the other negative effects the injury had on your life. Things like the inability to enjoy sports or physical activities can help justify these kinds of damages.
Should I Accept a Settlement for Back Injuries from a Car Crash?
When filing your car accident case, it is important to take into account how the damages are paid. If you accept a settlement, you will only receive what the at-fault party is willing to pay you. If they are represented by an insurance company, this may give them access to substantial funding to cover your injuries, but insurance companies may refuse to cover some areas of damages. Before accepting a settlement, it is vital to talk to a Florida personal injury lawyer about what your case is worth and how to maximize your damages.
If you file for damages through an insurance company, the insurance company’s settlement may be limited. Typically, deductibles and policy limits reduce the maximum damages you can receive, and you may not receive full compensation. On top of these reductions, an insurance settlement usually does not include pain and suffering damages.
If you file a lawsuit for your injuries, and the at-fault party offers you a settlement, you may be given a low offer. Many drivers and insurance companies work to reduce their payouts by offering lower settlements. Accepting a low settlement may mean you can skip the expense of a trial, but it may also mean your injuries are not covered.
Talk to an attorney about taking your case to trial and fighting to get compensation from a jury verdict. If you accept a settlement, you may lose your chance to fight your case in court and could give up damages you would otherwise be entitled to claim at trial.
Miami Car Accident Lawyer Offering Free Consultations
If you or a loved one suffered a serious back injury in a car accident, it is important to take your case to a Miami personal injury lawyer. Injury lawyer Prosper Shaked offers free consultations to help injury victims understand what their case might be worth, how to maximize their compensation by filing a lawsuit for serious injuries, and where your personal injury settlement money is. For a free consultation on your case, contact our law offices today at (305) 694-2676.