Disclaimer: The settlement amount for a car accident that resulted in a back or neck injury depends on many factors specific to each case. Please take into account that the figures mentioned in this article won’t necessarily reflect the amount that you could claim for your case.
The average settlement for Texas car accidents resulting in back and neck injuries ranges from $20,000 to $300,000, according to different studies.
There is no definitive source as there are no official state-wide statistics kept for this.
But why is there such a wide range?
In this article, we’ll explain why different studies have such different averages, why the median may be a more reliable indicator, and which factors influence your settlement amount.
We should point out though that the only way to get an accurate assessment of your case is to go through it with a lawyer. Your claim could be much higher or lower than the average or median, depending on the specifics of your case.
In fact, you could get started right away by booking a free consultation with us.
What is the Average Settlement for a Car Accident Back and Neck Injury in Texas?
As mentioned, the average settlement for these types of injuries ranges from $20,000 to $300,000, depending on which study you get your data from.
The reason the averages differ so much between different studies is because outliers skew the average significantly.
In the United States, settlements for back and neck injuries from driving accidents can range from around $10,000 to over $1 million nationally. Even at the state level, you’ll see a wide range in settlement amounts, making it fairly difficult to determine a reliable average sum.
The median is a more reliable indicator for what most car accidents with back and neck injuries settle for.
The median settlement amount for Texas car accident neck and back injuries is about $350,000.
In rare cases — when there are life-altering injuries, gross negligence and/or corporate liability — settlements can reach as high as seven or eight figures.
When you consult with a lawyer, they will look at the unique circumstances of your case, so that you make an accurate and fair claim. This not only makes insurance companies more likely to accept the claim, but results in a 3-3.5 higher payout for the victim, on average.
What Affects the Settlement Amounts for Back and Neck Injuries?
Whether your settlement falls on the lower or higher end of the spectrum depends on several factors. Knowing these factors may help prepare you for the claims process.
So, let’s take a closer look at what those factors are:
1. The Severity of Your Injuries
A severe injury can have a major impact on your settlement amount. Serious injuries like broken bones, spinal cord injuries, or traumatic brain injury usually result in a higher average payout as they often require ongoing medical care and rehabilitation and can lead to long-term disability.
On the flip side, a minor injury like soft-tissue damage or a whiplash injury typically receives smaller settlements.
How badly you’re injured can directly affect your settlement amount in these ways:
A. Cost of Medical Treatment
Medical treatment costs cover everything from emergency room visits and surgeries to physical therapy, prescriptions, and rehabilitation. The more extensive your treatment, the higher the settlement is likely to be, especially when you factor in costs for ongoing care and future medical needs.
B. Implications of Lost Wages
If your injuries affect your ability to work or handle everyday tasks, your settlement amount will likely increase. Things like lost income, reduced earning potential, and struggles with daily life due to the accident all play a critical role in determining your compensation.
C. Permanent Disability or Impairment
If the car accident leaves you with a permanent disability or impairment — like paralysis, loss of limb function, or chronic pain — your settlement is likely to be higher to account for the long-term impact, as these conditions have a lasting effect on your quality of life, ongoing medical costs, and any future loss of income.
2. Texas Personal Injury Law
There are several Texas laws that can directly impact how the car accident settlement is calculated, including:
- No fault vs comparative fault: Texas car accident liability works under an at-fault system, meaning the driver who caused the accident is responsible for covering the damages. The state also uses a modified comparative fault rule, so if you’re partly to blame, your settlement might be reduced. And, if you're found to be more than 51% at fault, you won’t be able to get any compensation at all.
- Statute of limitations: You have two years from the date of a car accident to file a personal injury lawsuit. If you miss this deadline, you could lose your chance to pursue compensation altogether.
- Insurance coverage: Texas requires drivers to carry liability insurance with minimum coverage of $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage. However, if you were injured and the at-fault driver’s insurance doesn’t fully cover your damages, you might struggle to recover the full amount without taking legal action against them.
This is where underinsured motorist (UIM) coverage can step in. If you have it as part of your auto insurance policy, UIM can cover the gap between the at-fault driver’s policy limits and your total damages. Texas law requires insurance companies to offer you this coverage, though you aren’t required to accept it.
Additionally, Texas allows you to stack insurance policies, which can help increase the total compensation available. This can be especially helpful when the damages exceed the at-fault driver's policy limits.
- Punitive damages: Also referred to as exemplary damages, these are sometimes awarded when the at-fault driver shows gross negligence, like in cases of drunk driving. In Texas, there’s a cap on these damages: either $200,000 or twice the economic damages plus non-economic damages, up to $750,000, whichever is greater.
- Protection from unfair insurance practices: Texas has laws to protect you from “bad faith” insurance practices. If an insurance company unfairly denies or delays your accident claim, you have the right to sue them for additional damages on top of your settlement.
3. Property Damage
The extent of your injuries usually plays the biggest role in determining your car accident injury settlement. However, property damages, like the cost of repairing or replacing your vehicle, also factor into the overall damages in a personal injury case.
Plus, significant property damage can point to a high-impact collision, which could help strengthen your case by highlighting how badly you were injured and lead to higher compensation.
4. Presence of Legal Representation
An experienced personal injury lawyer, like the team at No Bull Law, can make a massive difference in the amount you receive in your car accident injury settlement.
Here’s how having an accident lawyer in your corner may help to increase your settlement:
- Comprehensive case evaluation: A personal injury lawyer will run a fine-toothed comb through the full extent of your injuries and damages, making sure everything from medical expenses to pain and suffering is factored in.
- Collecting and preserving evidence: They collect and protect key evidence, like medical records, accident reports, and witness statements, to help build a concrete case.
- Expert negotiators: An experienced car accident attorney knows how to deal with insurance companies, push back against lowball offers, and fight for a fair settlement that reflects your losses.
- Develop a legal strategy: Your attorney will put together a solid legal strategy tailored to your case, all aimed at getting you fair compensation.
- Representation in court: If negotiations don’t work out, a skilled attorney will be ready to fight for you in court, presenting strong arguments to help get you the best possible outcome.
Essentially, your car accident attorney will help you navigate every step of the settlement process so a positive outcome is more likely.
What is the Process for Neck and Back Injury Settlements?
The legal process is complex, and any mistake made along the way may impact your settlement amount. So, let’s go through every step so that you have an idea of what you’re in for.
1. Seek Medical Attention ASAP
The first thing you should do after a car accident is to see a doctor, even if you don’t feel any real pain.
Some pains and injuries only appear later on, so seeing a doctor early can help catch anything that you’re not immediately sensing.
Medical records are crucial to show that your injuries are tied to the accident. Without them, insurance companies might try to downplay your claim and argue that your injuries aren’t serious.
No Bull Law gives you a free consultation to help you understand your options and ensure you’re on the right track without spending a dime upfront.
2. Report the Accident to Your Insurance Company
After getting medical attention, make sure to report the accident to your insurance company. This keeps them in the loop and ensures you’re sticking to your policy’s rules, which is key to protecting your coverage.
Skipping this step could even void your policy, leaving you without coverage down the road.
3. File Your Claim
After you’ve got your medical records, it’s a good idea to talk to a personal injury attorney before filing a claim with the other driver’s insurance.
A good lawyer can help you make a more accurate claim by carefully calculating your damages and ensuring all the details are handled properly.
4. Collect Evidence
Hold onto anything that can back up your claim, like photos of the accident, eyewitness statements, and your medical records. All this evidence shows the insurance company you mean business and that your case is serious.
5. Calculate Damages
Sit down with your lawyer to figure out the full cost of your injury. This includes not just medical bills and lost wages but also things like future treatments and the pain and suffering you’ve endured.
Neck and back injuries can take a lot of time to heal, so it’s important to keep the bigger picture in mind.
6. Negotiate with the Insurance Company
Next up, be ready to negotiate with the at-fault driver’s insurance company. They’ll probably start with a lowball offer, so having an attorney handle negotiations while you rest and recover makes a big difference. Your lawyer can use all the evidence you've gathered and push for a fair settlement. Patience is key here. It’s worth taking the time to get the right number.
7. Review the Offer
When the insurance company makes an offer, take a close look at it. You want to be sure it covers all your current and future expenses. This step takes patience, but your lawyer will help you review the offer and decide whether it's fair or if you should push for more.
8. File a Lawsuit (if Needed)
If you’re not having much luck with the insurance company, it might be time to take things to court. Your attorney will take the lead here, presenting all your evidence and making a strong case to fight for the compensation you deserve. It can be a lengthy process, but sometimes, it’s the only way to get a fair outcome.
9. Finalize the Settlement
Once your settlement is finalized, the payout process begins. The money will first cover any outstanding costs, like your attorney’s fees and any unpaid medical bills.
After that, the remaining amount will be sent to you, helping you cover your medical expenses, lost income, and any other damages from the accident. Whether it’s catching up on bills, paying for ongoing treatment, or rebuilding after the financial impact, this final step is where all the hard work starts to pay off.
Now that you know the play-by-play of the settlement process, let’s switch gears and tackle some pro tips to help you maximize your payout.
7 Tips for Maximizing Your Settlement Amount
If you’ve been in an accident, there’s a chance you’ve got some cash coming your way to cover the damages.
But why settle for crumbs when you can aim for the whole cookie?
These tips will help you get the most out of your settlement:
1. Maintain Detailed Records
Snap pictures of the accident scene, your injuries, and any property damage with the aim of recording as much detail as possible. Try to gather witness statements and make sure to file a police report. All these details will help you build a solid case.
2. Team Up with an Experienced Car Accident Lawyer
Working with an experienced car accident lawyer, like the team at No Bull Law, can tip the scales in your favor. They’ll help you figure out exactly what your claim is worth, handle tough negotiations with insurance companies, and fight to get you the best settlement possible.
3. Follow Medical Advice
Sticking to your treatment plan and showing up for all your follow-up appointments is super important for your case. Skipping care or being inconsistent can make it seem like your injuries aren’t as serious as you're claiming, which could hurt your settlement.
4. Keep Track of All Your Expenses
Make sure to keep track of all your medical bills, lost wages, travel costs for doctor visits, and any other expenses from the accident. The more organized your documentation, the less likely something important will slip through the cracks when it’s time to settle.
5. Avoid Talking to Insurance Companies Without Legal Backup
Insurance companies are all about saving money, so they’ll try to minimize your payout. Don’t make any statements or jump on an early settlement offer without talking to your attorney first.
6. Be Patient
Settlement negotiations can take time, so don’t rush it. Focus on your recovery and make sure you fully understand your long-term medical needs before agreeing to anything. Settling too quickly could leave you stuck with unexpected expenses later, and nobody wants that.
7. Keep It Quiet
It’s usually wise to keep quiet about driving accidents on social media. Anything you post could be used against you during negotiations.
Now that you’ve got the insider tips to boost your settlement, let’s take a look at the aches and pains that can earn you those dollars — the unfortunate souvenirs of vehicle accidents.
What are Common Neck and Back Injuries from Car Accidents?
Vehicle accidents can leave you with a range of neck and back injuries, from mild aches to serious, life-changing conditions. Let’s take a closer look at the most common ones:
- Spinal cord injuries: A spinal cord injury can come in all shapes and sizes when it comes to severity. The more serious ones can lead to paralysis, while moderate injuries might cause sensory issues, trouble moving, loss of muscle strength, or limited mobility. These types of injuries usually require a lot of medical care and rehabilitation.
- Neck sprain: Whiplash, or a cervical neck sprain, is one of the most common car accident injuries people deal with. It happens when your head snaps backward and forward suddenly, something that’s quite common in a rear end collision. This kind of injury can strain the muscles, ligaments, and tendons in your neck, leading to neck pain, stiffness, and headaches.
- Cervical disc injuries: A sudden impact can affect the cervical discs in your neck, causing herniation that leads to neck pain, numbness, or weakness in your neck, shoulders, and arms. These car accident injuries usually require serious attention, like surgery or physical therapy, to get things back on track.
- Head and brain injuries: These can range from a mild concussion to a traumatic brain injury resulting from a blow to the head or violent shaking. Symptoms often include headaches, dizziness, confusion, and, in severe cases, cognitive impairment.
- Soft tissue damage: This typically includes damage to muscles, ligaments, and tendons, such as sprains and strains. These injuries tend to result in pain, swelling, and a frustrating loss of mobility.
- Chest injuries: The impact from a collision can lead to bruising, broken ribs, or even damage to internal organs. And while seatbelts and airbags are lifesavers, they can sometimes add to chest injuries, too.
Next, let’s dive into how long it might take to settle your case because sometimes, these legal processes can drag on even longer than the injuries themselves.
How Long Do Back and Neck Injury Cases Generally Take to Settle?
Settling neck and back injury cases takes time, so patience is definitely key.
How long it takes really depends on your situation. Like the complexity of the case, the severity of your injuries and other factors all come into play. Some cases wrap up in a few months, while others can drag on for a year or more, especially if they end up in court.
For a better idea of what to expect, it’s smart to chat with an experienced lawyer at No Bull Law. They can give you a clearer picture of the timeline.
No Bull, Just Results: Maximize Your Settlement Potential with No Bull Law
When it comes to a back and neck injury settlement, understanding the process and knowing what factors impact your average payout can make all the difference. Whether you’re dealing with a whiplash injury or a more serious spinal cord injury, the key to securing a fair settlement is having the right strategy—and the right team—in your corner.
That’s where No Bull Law comes in.
With our straightforward approach and extensive expertise, we’ll cut through the red tape and fight for fair compensation. From navigating insurance negotiations to building a strong case for court if needed, we’re committed to delivering real results without the fluff.
So, if you’re ready to charge ahead for the injury settlement you deserve, reach out to No Bull Law today. We’ve got your back, literally and figuratively.
