Neck and back injuries are some of the most common personal injury claims in Indiana. Various situations lead to people suffering this type of harm because of someone else's negligence, and they could be entitled to reclaim damages through a settlement payout.
What is the average back injury settlement in Indiana, what factors contribute to the final amount, and what else should people know before submitting their claim? Find the answers today.
Contact the personal injury lawyers in Indianapolis at Schuerger Schunnarah Trial Attorneys of Indiana for a free consultation to discuss a specific case and the potential settlement value.
The Quick Answer: What Is the Indiana Average Settlement for Back Injury?
Indiana personal injury claims involving back injuries settle for an average of around $451,500- but there are some things to consider about this figure.
A few high-value cases exceeded $1 million and pushed the average settlement amount up, but the majority of cases settled for less. The median figure of $250,000 gives a slightly more accurate representation. Most cases settle for somewhere between $100,000 and $250,000.
What Incidents Can Cause a Back Injury?
Back injuries are the result of various types of accidents. Anything that involves force, sudden movement, or trauma to the back can lead to damage. Some examples of incidents often seen in Indiana back injury claims include:
Car accident cases
Other motor vehicle accidents (including motorbikes)
Work-related incidents
Slip, trip, and fall claims
Medical malpractice
Injury settlement amounts may vary depending on the cause of the accident. Some cases are more complex than others, and the available compensation is different for car accidents and workplace accidents, for example.
Types of Back Injuries
Soft Tissue Injuries
Soft tissue includes skin, muscles, and ligaments. There are a lot of muscles from the neck to the back, and although not the most severe outcomes, they can be very painful and require physical therapy to get back under control. Sprains and strains are sometimes treated with rest, patience, and pain management, but torn or damaged ligaments may require surgery.
Fractures
Fractures are generally considered fairly minor compared to other back injuries, but they can still cause a lot of pain and other problems for the victim. Small cracks in vertebrae (also called compression fractures- usually from traumatic injuries) can make it almost impossible to perform simple tasks.
Herniated Disc
Herniated disc injuries are when one of the discs in the spinal column bulges out. A bulging disc causes extreme pain and limited movement- restricting what a person can do. It is a debilitating injury that requires immediate medical attention- often involving surgery.
Spinal Cord Injuries
A spinal cord injury is the most dangerous, as it has a high chance of leaving a person with a permanent disability or at least life-long difficulties. Many neck and back injury cases that involve spinal cord damage lead to paralysis. Unfortunately, most spinal cord injuries are irreversible- especially if the cord is severed or crushed.
What Factors Impact the Value of a Back Injury Settlement?
Back injuries can settle for anywhere from a few thousand dollars to more than one million dollars- it all depends on the following factors.
Severity of the Injury
The most important influence on a back injury settlement amount is the extent of the injury. Everything else hinges on this- and more severe injuries are always more likely to receive higher settlements.
Someone who suffered spinal injuries that left them paralyzed can claim more compensation overall than someone with a minor soft tissue injury. Back and neck injuries involving the spinal cord tend to require the most expensive treatment and have the most significant long-term impact. As such, they usually generate higher settlement amounts.
Extent and Expense of the Medical Treatment Required
Furthermore, the medical expenses incurred because of the injury make up a substantial portion of any claim. Injuries that require surgery, extensive physical therapy, and long-term medical treatment will rack up higher bills- for which the at-fault party is potentially liable.
A medical professional can speak as an expert witness to state the expected long-term care and total expense of future medical treatment. This testimony is used to back the victim's claim for a certain amount of compensation.
Long-Term Impact on Quality of Life
An injury claim dealing with permanent impairment is likely to result in a higher settlement. The reason for this is the lasting effect the injury will have on the victim's life.
Total and permanent disabilities resulting from back injuries include the ability to work, mobility issues, and even paralysis. Even long-term pain is viewed as a significant impairment but to a lesser extent.
If a person's injury means they cannot return to their previous job- or any job that pays the same wage- they can claim for the loss of future income and earning capacity. The amount increases if they have dependents- especially minor children.
Mental and Emotional Toll
Being in an accident is traumatic- not only for the victim but for their loved ones. Part of a back injury settlement focuses on the mental impact the incident has and may continue to have for years to come.
Some people suffer from PTSD following a severe injury, while others face depression, anxiety, and other mental health issues as they face the prospect of living with their injuries. The pain and suffering element of a personal injury case is harder to put a figure on because it doesn't come with receipts. A dedicated attorney can fight to ensure the victim's suffering does not go unanswered.
Other Damages
Other damages- including property damage (particularly in car accidents), lost wages during recovery, the cost of additional help at home, and other financial burdens faced because of the back or neck injury also come into play when negotiating a settlement.
Everything is added and presented as a complete case to the defendant and their insurance company. Schuerger Shunnarah Trial Attorneys can also advise on an average settlement for concussion Indiana.
Who Can Claim Damages for a Back Injury in Indiana?
Anybody who sustains a back injury that results in financial, physical, or emotional damage because of someone else's negligent action could be eligible for a personal injury settlement. As long as there is provable cause of action (when the person owed a duty of care, failed to perform their duty, and directly caused the incident), there is a case to be made.
Some examples include:
People injured in the workplace because of faulty equipment or insufficient safety measures
Car accident victims who are not more than 50% responsible for the crash
Someone who slips, trips, or falls on someone else's property (slippery or wet floors, uneven pavements, poorly maintained surfaces, debris left lying around, etc.)
If the injury would have been avoided if the other party fulfilled their duty of care, it is usually possible to seek a back injury settlement.
What Damages Can They Claim?
There are two categories of damages in personal injury settlements: economic damages and non-economic damages.
Economic damages are any financial expenses related to the back injury. These include, but are not limited to, medical bills, lost wages, physical therapy costs, out-of-pocket expenses for attending hospital or other appointments, property damage, future medical expenses, and more.
Non-economic damages are the things that don't carry a price tag. Usually named pain and suffering damages, this part of the settlement aims to repay people for the emotional distress, mental anguish, and long-term impacts the injury will have.
An experienced personal injury attorney can help victims maximize their settlement claims by covering all the bases and ensuring nothing is missed that could increase the compensation. They can also provide information on an average settlement for slipped disc Indiana.
Who Is Liable for the Damages?
The liable party in a back injury depends on the circumstances of the incident. It could be an employer who failed to provide safe working conditions, an owner who did not take reasonable steps to maintain the condition of their property or a driver who caused an accident due to reckless or dangerous road use.
These are just some examples. In short, the person who is responsible for the primary cause of the injury is usually liable. Their insurance company usually pays to cover the settlement.
Indiana is a comparative negligence state, meaning victims can still claim even if they are partially responsible for the accident. However, they cannot be more than 50% to blame. Whatever share of the fault lies with the victim is deducted, respectively, from the settlement.
To show an example- someone hit by a drunk driver could claim for a neck or back injury, but if they were also speeding at the time, they may be considered (for example) 25% at-fault. If the original settlement value is $200,000, the figure would be reduced by 25%- making the new settlement $150,000.
Get Expert Legal Guidance from Top Indiana Injury Lawyers
Schuerger Schunnarah Trial Attorneys go to war for Indy back injury victims to secure the justice and compensation they deserve. Speak to the elite team of personal injury experts for personalized advice and guidance on the best way to achieve the maximum settlement.
Arrange a free consultation today and take the first step to holding the responsible party accountable for their negligence.