What Is the Average Settlement for Car Accident Neck and Back Injury?

Car accidents are among the leading causes of neck and back injuries in the U.S., and Denver is no exception. Every day, about 70 people are injured in car accidents throughout the Denver area. Many of those suffer neck and back injuries, which are among the most common car accident injuries.

At Fuicelli & Lee, our Denver car accident lawyers often talk to crash survivors who wonder what the average settlement for car accident neck and back injuries is. Will their pain ever go away? Can they ever live a normal life again? These are just some of the questions that haunt our clients.

We understand that behind every claim is a person or an entire family whose life has been disrupted and whose future is suddenly uncertain. Our experienced Denver car accident lawyers are here to help you get the maximum compensation you deserve for your neck and back injuries. 

Don’t leave your future to chance or settle for anything less than you deserve. Contact Fuicelli & Lee Injury Lawyers today at (303) 444-4444 or online to request a free, no-obligation consultation. 

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Denver Car Accident Guide

• Neck and Back Injuries Our Car Accident Lawyers Often See
• Emotional Pain and Suffering from Neck and Back Injuries
• The Insurance Company Will Try to Pay You the Least Amount Possible
• How Much Can You Get for a Car Accident Neck and Back Injury Settlement?
• Formulas Used to Calculate Your Pain and Suffering
• How Can You Maximize Your Settlement for Car Accident Neck and Back Injuries?
  
• What Are the Challenges Car Accident Claims Face?
• Fault States vs. No-Fault States
• Call a Denver Car Accident Lawyer with Fuicelli & Lee

Neck and Back Injuries Our Car Accident Lawyers Often See 

Our Denver car accident lawyers often help clients suffering from neck and back injuries sustained in a car accident. These injuries can be particularly serious due to the critical role the spine plays in our body’s function and overall health. 

The spinal column houses and protects the spinal cord, which is the main pathway for communication between the brain and the rest of the body. The spinal nerves branch out from the spinal cord, controlling movement and sensation throughout the body.

Any injury to the neck and spine can have far-reaching and potentially devastating consequences, affecting a person’s mobility, sensation, and quality of life.

Car accidents are among the leading causes of neck and back injuries due to the sudden impact and violent forces involved. These injuries can range from mild discomfort to severe, life-altering conditions, including:

Soft Tissue Injuries: 

• Whiplash Occurs when the head forcefully jerks forward and backward, straining the neck’s soft tissues. Symptoms include neck pain, stiffness, headaches, and sometimes dizziness or blurred vision.
• Sprains and Strains: Damage to muscles, ligaments, and tendons in the neck and back, causing pain and limited mobility.

Disc Injuries

• Herniated Discs: The collision can cause the soft cushions between vertebrae to rupture or bulge, potentially squeezing nerves and causing pain, numbness, or weakness in the arms or legs.
• Disc Degeneration: Trauma from an accident can accelerate the natural aging process of spinal discs, leading to chronic pain and reduced flexibility.

Vertebrae and Joint Injuries

• Spinal Fractures: These can range from minor compression fractures to more severe breaks that may damage the spinal cord.
• Facet Joint Injuries: These small joints along the spine can become inflamed or damaged, leading to chronic pain and stiffness.
• Spondylolisthesis: This condition occurs when a vertebra slips over the one below it, potentially causing nerve compression and chronic pain.

Spinal Cord Injuries

• These are among the most severe outcomes of car accidents and can have life-altering consequences. Severe spinal cord injuries fall into two categories: complete and incomplete (or partial). 

Complete spinal cord injuries result in total loss of sensory and motor function below the injury level. This can lead to: 

• Paraplegia: Paralysis affecting the lower half of the body
• Quadriplegia (also called Tetraplegia): Paralysis affecting all four limbs and torso 

Incomplete spinal cord injuries result in some sensory or motor function impairment below the level of injury. Common forms include:

• Anterior Spinal Cord Injury: Impacts the front portion of the spinal cord, leading to impaired motor function and altered pain perception
• Central Spinal Cord Injury: Involves damage to the spinal cord’s center, typically resulting in greater impairment of upper limb function compared to lower limbs
• Brown-Séquard Injury: Occurs when one side of the spinal cord is damaged, causing loss of motor control on the injured side and sensory loss on the opposite side

These injuries’ severity and long-term impact can vary greatly, influencing both recovery time and potential settlement amounts in legal cases. Given the complexity of the spine and its central role in bodily function, even seemingly minor injuries can have significant long-term effects. 

Emotional Pain and Suffering from Neck and Back Injuries

Neck and back injuries and other physical car accident injuries not only cause physical pain and hardship but also take an emotional toll on survivors. The emotional and psychological toll can be as debilitating as physical injuries.

These include:

• Anxiety and Depression: Car accident-related trauma can lead to ongoing mental health challenges, affecting your ability to drive, work, socialize, and enjoy life.
• Post-Traumatic Stress Disorder (PTSD): Severe psychological response to the accident, causing flashbacks, nightmares, and heightened anxiety. PTSD can disrupt your sleep, concentration, and overall well-being.
• Behavioral Changes: Alterations in sleep patterns, appetite, and overall demeanor can significantly affect your quality of life and relationships.
• Loss of Enjoyment of Life: The inability to engage in hobbies and activities that were once fulfilling can lead to a sense of loss and frustration.

Both physical and emotional pain can profoundly impact your life, making it essential to seek compensation that accounts for the full extent of your injuries and losses.

The Insurance Company Will Try to Pay You the Least Amount Possible

Insurance companies minimize payouts for car accident injuries. Their goal is to increase their profits, often at your expense. They might downplay your injuries, question the need for medical treatments, or argue that pre-existing conditions are responsible for your suffering. 

Insurance companies usually contact accident survivors soon after a car accident to offer a settlement. While the offer may be tempting, it almost certainly fails to cover the full extent of your injuries and suffering. 

A skilled Denver car accident lawyer with years of experience standing up to insurance companies can protect the value of your car accident injury claim. At Fuicelli & Lee, we handle all the communications with insurance companies, ensuring they don’t undermine your injuries with a lowball offer. 

How Much Can You Get for a Car Accident Neck and Back Injury Settlement?

Settlement amounts for car-accident-related neck and back injuries vary widely because the severity and impact of these injuries range from mild to catastrophic. The factors that usually determine the value of your car accident neck and back injury case include:

• The severity of your injuries: The severity of your injuries and their impact on your life are a central part of your claim. More severe injuries typically result in higher settlements. 
  • Mild neck and back injuries: Even injuries diagnosed as mild or minor can seriously disrupt a person’s ability to work and perform daily activities. These injuries usually heal quickly with minimal treatment but can result in damages ranging from $10,000 to $50,000 or more.
  • Moderate neck and back injuries: Moderate neck and back injuries can heal quickly or they can last a lifetime, requiring a lifetime of therapy and care. If you require physical therapy, epidural injections, or other treatments over the long term, you should get more for your injuries. Settlements for moderate injuries can range from $50,000 to $1 million.
  • Severe neck and back injuries: Claims for serious spinal cord damage that causes chronic pain and permanent disability can result in damages of well over $1 million. The complete loss of all or some motion, the inability to work, and the need for a lifetime of care require substantial compensation.
• Duration of recovery: Longer recovery times can increase the compensation, as prolonged suffering and interruption of daily life are considered.
• Your age and health: Younger, healthier individuals may receive more as their lives are more significantly disrupted. Older individuals or those with pre-existing conditions might have a lower evaluation.
• Economic damages: Medical bills, lost wages or income, lost earning capacity, and other tangible damages boost are calculated into the overall settlement for car accident neck and back injuries. 
• Liability: The clearer the other party’s fault in the car accident, the stronger your case. If liability is disputed, it can complicate the settlement process and potentially reduce the amount awarded.
• Accident location: Local laws and jury perceptions can affect the settlement. For instance, Colorado law caps the amount of damages a person can receive for pain and suffering. This cap changes frequently, but your Denver car accident attorney will help you understand how the limits apply to your car accident neck and back injury case.  

Formulas Used to Calculate Your Pain and Suffering

Non-economic damages for neck and back injuries are subjective and can vary widely from one individual to another. There is no set rule or guaranteed amount, but an experienced car accident lawyer can fight for your maximum compensation. To do this, they use the following methods to quantify compensation for pain and suffering. 

Per diem method

The per diem formula assigns a daily rate to your suffering, multiplied by the number of days they are affected. This rate may be based on your daily earnings or a daily amount considered reasonable by the court. 

Multiplier method

In this approach, economic damages (medical bills, lost wages) are multiplied by a number, depending on the severity of your pain and suffering. 

The severity of injuries, their impact on daily life, and their permanence determine which formula lawyers use to determine how much compensation you should get. Insurance companies also use the same formulas, but they usually arrive at much lower estimates. 

Both methods have their strengths. A skilled car accident attorney will choose the method that best represents your situation and supports the highest possible compensation.

How Can You Maximize Your Settlement for Car Accident Neck and Back Injuries?

Securing a fair settlement for neck and back injuries sustained in a car accident requires a strategic approach and thorough preparation. While every case is different, you can take steps to strengthen your claim and potentially increase your compensation. 

These steps begin immediately after the accident and continue throughout your recovery and legal proceedings. Working with an experienced Denver car accident lawyer, gathering comprehensive evidence, and understanding the full scope of your injuries all factor into a settlement that truly reflects the physical, emotional, and financial toll of your neck and back injuries.

• Seek immediate medical attention: Prompt medical care creates a clear link between the accident and your injuries, strengthening your claim. 
• Report the accident promptly: Timely reporting establishes an official record and prevents disputes about when or how the injury occurred. 
• Keep all medical appointments and follow-ups: Be sure to attend all doctor appointments, therapy sessions, and other care related to your neck and back injuries. Missing them suggests you don’t need them. 
• Gather comprehensive evidence: More evidence supports a stronger case, leaving less room for the insurance company to dispute your claim. 
• Keep detailed records: Thorough documentation helps quantify your damages and demonstrates the impact of injuries on your daily life. 
• Avoid early settlement offers: Initial offers are often low, and waiting allows time to understand the full extent of your injuries and damages. 
• Hire an experienced personal injury attorney: A skilled attorney can navigate complex legal processes and negotiate with the at-fault party’s insurance company on your behalf. 
• Journal about your injuries: Keeping a written journal or video diary of your neck and back injuries and how they have affected your life can provide valuable evidence. 
• Maintain privacy: Posting about your accident or injuries on Facebook, Instagram, X, and other social media platforms could undermine your claim. 

What Are the Challenges Car Accident Claims Face? 

Every personal injury claim encounters hurdles. An experienced, knowledgeable, and skilled car accident lawyer can clear those hurdles to ensure you get the full, fair, and complete compensation you deserve. Some of the factors that we sometimes encounter and have to work around are:

Caps on Damages

Some states, including Colorado, cap compensation for non-economic damages, including pain and suffering, while other states have no caps. These caps usually change frequently to account for inflation and other cost of living increases. 

In June 2024, Gov. Jared Polis signed HB 1472, a bill championed by the Colorado Trial Lawyers Association (CTLA) and other advocates. The new law substantially raised Colorado’s caps on non-economic damages and wrongful death, which had been stuck at the same rate since the 1980s.

Your car accident lawyer will help you understand any limitations that may apply to your case. 

Liability

Colorado follows a modified comparative negligence rule. If you are partially at fault for the accident, your total compensation drops in value by your percentage of fault. If you are more than 50% at fault, you cannot recover damages.

Insurance policy limits

Most states require drivers to have minimal coverage in the event of a car accident. 

The at-fault driver’s insurance policy limits can cap the amount you can recover. If their insurance coverage is insufficient, your car accident lawyer must explore other avenues, such as your underinsured motorist coverage. 

Colorado law requires the following insurance minimums for drivers:

• $25,000 to cover injuries or fatality of a single individual in a crash
• $50,000 total coverage for injuries or fatalities to multiple people in one incident
• $15,000 to address damage to vehicles or other property in a single accident

Many times, however, injury claims exceed these insurance minimums, especially if the injuries are catastrophic. In those cases, your lawyer can identify and pursue alternate avenues of compensation. 

Insurance companies sometimes only pay on claims up to the policy limits, which are often wholly inadequate in cases involving more serious injuries. When the claimant’s damages exceed the at-fault party’s insurance limits, they will need to file a personal injury lawsuit to recover the appropriate amount of damages. If the insurer refuses to pay a claimant a fair settlement amount, the case will proceed to court.

The insurance company may attempt to settle the case at any time up to a verdict. But if they refuse, or their offer is still inadequate, they will have to pay the amount decided by a judge or jury.  

Fault States vs. No-Fault States

Colorado is a fault state, meaning the at-fault driver’s auto insurance is responsible for covering the damages. This contrasts with no-fault states, in which each driver’s insurance must cover their own damages regardless of fault.

In a fault state, proving the other driver’s negligence is key to securing compensation. This requires gathering strong evidence, such as police reports, eyewitness statements, and accident reconstruction analyses.

Call a Denver Car Accident Lawyer with Fuicelli & Lee 

The spine is the body’s main neural pathway, so even a mild neck and back injury can upend everything you once took for granted. 

If you or a loved one are coping with a neck or back injury from a car accident that wasn’t your fault, you are eligible for compensation. At Fuicelli & Lee, our experienced Denver car accident lawyers are ready to help you get every dollar of compensation you deserve.

Car accident cases can be complex and filled with difficult obstacles. As trial lawyers, we won’t let insurance companies dictate how you will get for your neck and back injuries. We will take your case to court if that’s what it takes to secure your fair and full compensation.

Call us today at (303) 444-4444 or submit our online contact form, and we will reach out to you.