Neck and back injuries are among the most common and dangerous types of bodily harm accident victims experience in a crash. Even seemingly minor accidents can cause severe sprains, fractures, and other damage involving painful and potentially life-altering harm to the spinal cord. Recovering from these conditions can require months or even years of treatment. If you or a loved one has suffered a traumatic crash, it’s normal to wonder what kind of compensation is available for these kinds of devastating injuries.
In this blog post, we’ll discuss the average settlement values for a car accident back and neck injury in Hawaii. We’ll explain what factors impact potential compensation and offer tips for getting a fair settlement after an accident.
What Is the Average Settlement Amount for a Car Accident Back and Neck Injury?
This is one of the most common questions our attorneys hear from Hawaii car accident victims and their loved ones. However, the answer surprises many of our clients.
There is no precise average settlement for a car accident neck injury or back injury. Although many crashes lead to spinal cord injuries, settlement amounts are highly dependent upon many case-specific factors. This can make it challenging to estimate a potential settlement without a thorough investigation by a legal professional.
What Factors Affect the Average Car Accident Settlement in Hawaii?
The compensation a crash victim can recover after an accident depends on the facts specific to the situation. Here are some key elements that influence the average car accident settlement in Hawaii.
Extent of Injuries
Severe neck and back injuries justify higher compensation than minor ones. Some common back and neck conditions that may involve long or painful recovery periods include:
- Herniated disks,
- Compression fractures,
- Broken necks,
- Spinal stenosis,
- Severe whiplash,
- Sciatica, and
- Cervical disc damage.
Because the spinal cord is an essential and vulnerable part of the body, many of these injuries put victims at a high risk of serious, long-term complications. Accident victims who are left disabled, paralyzed, or with other permanent impairments typically have the most compelling claim for increased compensation and receive the largest settlements.
Medical Expenses
The cost of treating your injuries also plays a significant role in a potential settlement amount. This can include all past, ongoing, and future medical bills, such as:
- Emergency room visits,
- Surgeries,
- Hospital stays,
- Prescriptions, and
- Assistive devices.
A settlement can also include the estimated future medical expenses your condition requires. These often include physical therapy, medication, home modifications, and follow-up doctor visits. Both past and future medical expenses are considered in determining a settlement amount.
Lost Wages
If your neck or back injury prevents you from working, your lost income can also factor into a settlement. The longer you’re unable to work because of your injuries, the more compensation you could be entitled to. In the case of a disabling injury that makes it impossible to return to your previous job, you may be able to recover additional compensation for reduced earning capacity. Even though they may have the same injury, a doctor earning several hundred thousand dollars will have a larger settlement claim than someone making minimum wage.
Strength of Evidence
To recover compensation in a car accident settlement, you need credible and compelling evidence to support your claim. This means clear documentation of the crash, your injuries, and the losses you suffered. Some types of evidence that can help with this include:
- Medical records, including X-rays and MRI results;
- Bills from hospital stays and other medical expenses;
- Expert testimony from a doctor about the extent of your injuries;
- Past pay stubs documenting lost wages;
- Photos from the crash site;
- Testimony from eyewitnesses at the accident scene; and
- Police reports.
All of these can be used to help support your claims about the severity of your injuries and your case for fair compensation for your suffering.
Fault
Who is at fault for the accident can also impact the financial support you can receive for a back or neck injury. Since Hawaii is a no-fault state for car accidents, crash victims typically must first process payment of medical expenses from their own Personal Injury Protection (PIP) insurance coverage. However, when a crash involves severe injury or death due to another driver’s negligence, a victim can file a personal injury claim to recover damages. If the other driver holds the majority of the fault for the crash, you can receive compensation for the economic and noneconomic losses you suffered, including:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Past and future medical expenses,
- Past and future income loss,
- Disability, and
- Disfigurement.
Be aware: victims who are partly to blame for the accident can have their overall compensation reduced, thanks to Hawaii’s modified comparative negligence law. For example, if a court finds you 10% at fault in the crash that caused you $10,000 of damage, you can only recover $9,000 from the other driver. If you are found 51% or more at fault, you may not qualify for any recovery.
How to Maximize Your Potential Settlement After a Car Accident
It’s normal to feel scared and powerless after a traumatic injury. However, there are some important steps accident victims can take to improve their chances of receiving a fair settlement. These include:
- Seeking proper medical care. Get a full medical examination immediately after the accident, and stick closely to your doctor’s treatment plan. Victims who don’t follow a physician’s care plan can hurt their case for compensation. Your doctor’s records and testimony are essential to establishing the nature and extent of your injuries.
- Saving bills and receipts. Keep copies of any expenses related to the crash, injury, and treatment. You’ll need these as evidence of your losses.
- Documenting your recovery. Keep a journal describing the impact of your injuries, including any physical limitations in your daily routine. This can be useful for demonstrating the severity of your condition and its effects on your life. Discuss the pros and cons of a journal in your case with your personal injury lawyer.
- Avoiding social media. Don’t post any information about the crash online. Insurance adjusters often look to victims’ social media accounts for evidence to potentially undervalue or disqualify claims. Consult with your personal injury lawyer before posting anything on social media.
Finally, one of the most effective ways to maximize your chances of compensation is to immediately call a legal professional. An attorney can investigate the crash, estimate the extent of your damages, and gather evidence to support your claim. An attorney’s legal knowledge and settlement presentation skills are crucial when negotiating with insurers and other parties to ensure you recover all the compensation you’re owed.
Compassionate Legal Advocates for Over 50 Years
For many victims, the trauma of a car accident rarely ends with the crash. Navigating treatment plans, insurance claims, and mounting medical bills can leave accident victims stressed and overwhelmed. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand how challenging this time is for victims and their loved ones. However, you don’t have to take on these burdens alone.
Our attorneys are seasoned advocates who’ve spent decades representing Hawaii residents and visitors injured in catastrophic car accidents. We’ve helped clients recover millions in compensation for their losses and are prepared to help you. Contact our office today to schedule a free consultation to learn more.
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