What’s the Average Settlement for a Back Injury Case - The Eberst Law Firm

People who suffer back injuries in accidents caused by others will often ask attorneys a lot of questions during the process of choosing a legal representative. At Eberst Law, prospective clients will typically ask us how much they can expect to receive in compensation for the injury that is causing their excruciating back pain. While this is obviously an understandable question, there’s no easy answer.

Clients can obtain anywhere from $10,000 to $100,000 or more. The amount you may receive will depend on a long list of factors. There are some cases where people obtain millions of dollars, and others where they get far less than they expect. No attorney worth your while will ever promise to get you a certain amount of money.

At Eberst Law, we will always fight to help you obtain fair compensation. Once we learn the details of your specific case, we’ll be able to give you at least a general idea of how much you might be able to receive. Learn more by calling 1-888-CALL-JON or using our online form to schedule a free review of your case.

In the meantime, here are a few of the many factors that typically play a role in determining how much a back injury victim will receive in a personal injury case.

Factors that Can Affect Your Back Injury Claim’s Value

Every personal injury case is different. That might not be what you want to hear, but it’s the truth. Anyone who says you’ll make “X” amount of money is simply not being realistic. While your attorney will have an idea of how much your case is worth, giving you a specific dollar amount will not be realistic.

Factors that will largely determine that amount include the following.

The Severity of Your Injury

In general, the worse your injury, the more compensation you’ll probably get. This is going to be the most important factor that will drive the amount of your settlement. Some back injuries, while painful, are relatively minor. Others can result in a lifetime of debilitation.

If someone has a minor back injury, they might get a few thousand dollars. But if they’ve suffered permanent paralysis, they could be looking at hundreds of thousands, or even millions of dollars.

In addition to the severity of your injury, your age will also play a role. Younger plaintiffs will typically get more money, because they are less likely to already have a degenerative back condition. Insurance companies will do everything they can to either reduce your compensation or deny it entirely. If you have a previous back problem, the insurer will use that against you.

Who Was at Fault?

The balance of fault in a case will also have a huge impact. Florida is what is known as a “comparative negligence” state. This basically means that both parties involved in an accident could possibly share part of the blame. Comparative negligence will partly determine how much money you receive.

For example, let’s say you would obtain $100,000 if the other party was found to be 100% responsible for causing the accident. But you were assigned 20% of the blame. That 20%, or $20,000, will be subtracted from your compensation. So, that means you’d get $80,000 instead of $100,000.

There are a lot of reasons why you’ll need a personal injury attorney – maximizing your compensation is at the top of the list. In order to prove you’re not at fault whatsoever, you’re going to need hard evidence. Your attorney will be your best chance to gather the proof needed to make your case as strong as possible.

If you were on a motorcycle and hit by another motorist, having a skilled attorney by your side will be even more important. There are a lot of biases out there against riders, and these biases could work against you. At The Eberst Law Firm, however, we know how to defeat them, helping our motorcycle clients get the most compensation possible.

How Much Time You Had to Take Off Work?

Anyone who suffers an injury in an accident will have what are known as damages. This is a legal term that means monetary losses. There are a lot of different kinds of damages, such as medical bills, prescription costs, property damage and others.

One of the most important types of damages is lost wages. If you’ve had to miss work due to your injury, there’s probably a pretty good chance you’ve already gone through your vacation time and other paid time off. So, now you’re losing money because you can’t do your job. Your attorney will be able to calculate not only how much time you’ve lost, but how much time you’ll likely miss in the future. These calculations will go a long way toward determining the amount of your settlement.

How the Injury Has Affected Your Everyday Life

Even if it looks like you’ll “only” have a short-term injury, that could still result in significant damages. But there are other considerations to keep in mind, even if this applies to you. The injury may keep you from doing the things you love, such as playing golf or going to the gym. You might have to pay someone to drive you around, since you can’t get behind the wheel.

There are not only tangible (economic) damages, such as the ones mentioned earlier, there are also subjective (non-economic) damages. These include emotional trauma, pain and suffering, and others. An attorney can help you obtain compensation for any non-economic damages you’ve incurred as well.

How Much the Injury Will Affect Your Life Long Term

Again, the severity of your injury will largely determine the amount of your compensation. There are some back injuries that are so severe, victims have to endure years of expensive treatment. They may need accommodations around the home in order to simply get around. They could also require extensive physical therapy, or at-home medical care around the clock. These factors could increase the amount of compensation a victim receives exponentially.

Hire a Back Injury Attorney for Your Claim

Get in touch with a back injury attorney at The Eberst Law Firm as soon as you can to learn more about how we’ll work to get you the money you deserve. Contact us online or call 1-888-CALL-JON to schedule a free consultation.