Are you curious about the average lower back pain car accident settlement or how much your settlement would be worth? Here’s how lower back pain car accident settlements are calculated. The average amount the injured plaintiff would qualify for is anywhere from $10,000 to $500,000. This amount varies greatly depending upon the level of permanency suffered by the back injury.
On this Page:
- Receiving a Fair Settlement
- Motor Vehicle Claims and Compensation
- Average Lower Back Pain Car Accident Settlement
- Getting Help From a Car Accident Lawyer Near You
Receiving a Fair Settlement
Receiving a fair settlement for a back or spinal injury in a car accident case in Ontario is a complex undertaking. There are many factors involved in arriving at an insurance settlement for a back injury and every case turns on its own facts.
While the average settlement for a back injury in a car accident case varies, there are some definitive ways to evaluate what a case is worth and its value. On average, a settlement amount for a back injury in a car accident will depend upon the level of permanency suffered by the injured plaintiff. The more severe and permanent the injury, normally, the more the case will settle for.
If you are involved in a motor vehicle accident, it is wise to consult with a car accident attorney to evaluate your legal options.
Below you will find a discussion of settlement for a back injury in car accident cases in Ontario and what an individual can expect as an average settlement for back injury in Ontario motor vehicle accident cases.
Motor Vehicle Claims and Compensation
If you are involved in a motor vehicle accident in Ontario, there are several different types of claims you may be eligible to file, all of which depend upon the facts and circumstances of the accident.
(a) TORT (or “fault”) BASED CLAIMS
In this case, if the fault lies with another party, you may be able to file a claim against that individual to recover damages. You may have claims against the offending driver, owner of the vehicle, vehicle manufacturer, or another party who was negligent or who contributed to the happening of the accident.
(b) ACCIDENT BENEFITS
An injured party may file for accident benefits which are awarded whether or not you are at fault. However, an attorney should be retained for this purpose so that your damages are properly categorized. If this is not done properly, you may not receive the compensation you are entitled to under the law.
(c) DISABILITY BENEFITS
If you are disabled as a result of your accident, you will be entitled to file a claim for short-term or long-term disability benefits.
Average Lower Back Pain Car Accident Settlement
Medical costs, pain and suffering, aggravating circumstances, wage compensation, and other factors contribute greatly to the size of a settlement for a back injury in a personal injury case. Because the facts and circumstances of every case are so different, it is difficult to pin down an actual average settlement because there are so many different types of cases. For example, there are broken bones cases, soft tissue cases, wrongful death cases, medical malpractice cases, Worker’s Compensation cases, construction site cases, and many more. In any of the above types of cases, back injuries can certainly be a car, and the value of those cases depends not only upon the way in which the accident took place but also upon the severity and permanency of the injury.
Toward that end, it is only truly possible to set forth the average personal injury settlement for a back injury in a car accident case by category. By and large, below is a fair analysis of verse average back injury settlements in Ontario personal injury cases:
(a) Permanently debilitating disease – $500,000;
(b) Aggravating circumstances – $250,000 – $300,000;
(c) Major head, neck, or back injury – $50,000 – $100,000
(d) Compensation for psychological damage or impairment – $20,000 – $50,000
(e) Recoverable injuries – $5,000 – $20,000
(f) Pain and suffering – $10,000 – $30,000
Some other mitigating factors include life expectancy, impact upon activities of daily living, loss of consortium, and the inability to continue in the vocation in which the plaintiff was involved at the time the accident took place.
In essence, the compensation must be equal to or greater than the plaintiff’s cost of living, and, again, each settlement depends exclusively upon the facts and circumstances.
The main factors considered in order to evaluate your case fully are medical expenses, lost wages, property damage, loss of future income, and the estimate of future medical expenses. From there, measure your level of pain and suffering from one to five. That pain level off and will determine the value of your case in conjunction with your quantifiable damages.
There is no one-size-fits-all figure that you can place on an Ontario back injury car accident settlement.
Getting Help From a Car Accident Lawyer Near You
The truth is that you should gather all your relevant documents and meet with a lawyer who is qualified to evaluate your situation and guide your case in the right direction. Rely upon the professional advice of an experienced car accident lawyer who handles such matters on an everyday basis.
After meeting with your lawyer, you will have a very strong understanding of the value of your case far beyond any average payout you may try to place on it by looking at past settlements of cases that may or may not have similar facts and circumstances to yours.
