Back injuries can happen in many ways, and your lawsuit might be based on a car accident, slip and fall, other property injury, or even a work injury. In any case, the money you get in a settlement should cover your needs, or else it usually isn’t worth accepting.
It is difficult to give an actual number for a “good” settlement, but instead, you can look at what your settlement needs to cover to satisfy your damages. Back injury cases typically involve medical bills, lost wages, and pain and suffering. The settlement you accept should include full coverage for all of these. The total amounts might be elevated compared to other injuries because of the ongoing, persistent nature of back injuries.
Call our New Jersey personal injury lawyers for a free case review at Agrapidis & Maroules, P.C. by dialing (201) 777-1111 today.
What Does a Back Injury Settlement Cover?
Most injury settlements focus on three areas of compensation:
- Medical expenses to treat your injury and its effects
- Lost wages to cover you while you are unable to work because of the injury
- Pain and suffering damages to pay you back for the mental, emotional, and physical effects of the injury.
These damages each have their own nuances, and it is important to have a lawyer help you put together your demands so you do not miss any compensation in each category.
Medical Expenses
Settlements for medical expenses need to cover everything that it will cost to treat your injuries, both now and into the future. That includes medication costs, chiropractic appointments, physical therapy, and any other costs. Everything from surgeries to physical rehab should be covered.
Lost Wages
Back injuries can easily affect your ability to work, no matter what industry you are in. If you are out for a limited time while you heal but return to full-time work, calculating lost wages is simple. If your injury will flare up and cause “bad days” that make it impossible to work going forward, we should include compensation for that in the settlement, too, but it is harder to calculate and prove.
Pain and Suffering
Back injuries follow you around, causing discomfort and difficulty with daily activities. That potentially lasts for years to come. Even somewhat minor back injuries can have high-dollar pain and suffering damages.
How Do I Know if My Settlement is Good?
There truly is no way to reference your settlement offer against others and know if it is a “good offer” without having a New Jersey personal injury lawyer look over the settlement offer. It is vital that you do not sign anything or accept any money until your lawyer checks the settlement, because once you settle, your case is over.
A “good” settlement will include damages for all three areas of damages listed above, plus any other expenses you need covered. Anything less than full compensation is often too low.
If your settlement is too low, we can negotiate for a better settlement or even take the case to court.
What Increases the Value of a Back Injury Case?
Back injury cases are often worth more than other injury cases to begin with due to these factors:
- The cost of surgeries and other expensive treatments
- Ongoing pain and suffering from chronic back pain
- Ongoing and recurring missed work from chronic back injuries
- The inability to work, even with minor back injuries.
Every case is unique, but back injuries can often see spikes in settlement costs just because the injuries are so hard to treat and because they affect your life in many persistent ways.
Can You Negotiate a Better Settlement
Insurance companies and defendants often try to issue low-dollar settlements to end cases quickly. Our lawyers can negotiate and try to urge them to settle for a higher value with many of the following tactics:
- Showing them how strong the evidence against them is
- Showing them how expensive your bills are
- Showing them evidence of the severe effect of your injury on activities of daily living
- Showing them the persistent, chronic nature of your back injury.
If they still refuse to settle for a fair value, we can take them to court and fight before a judge and jury to get full damages.
Steps to Settle a Back Injury Case
Any injury case involves the following steps, and back injury cases are no different:
- Collect evidence at the scene of the accident or injury
- Go to the hospital to get medical care right away
- Document any communications from the defense
- Save any medical bills or other bills related to your injury
- Call a lawyer for help.
From there, we can help with additional evidence collection, we can talk to witnesses, and we can talk to the insurance companies about settling for a fair value.
Back Injury Settlements FAQ
How Much is My Case Worth?
We cannot tell the specific value of your case without examining your facts and damages. You can begin calculating damages yourself by looking at the total of all medical costs and lost earnings. Even that will only include potentially half the total damages, as pain and suffering is often high in back injury claims.
What is the Average Settlement for a Back Injury in NJ?
The average settlement value is hard to calculate because settlements are often private and are not published publicly. Because cases vary so much based on the personal and individual details, averages are not particularly helpful, either.
Will Insurance Cover My Injury?
Many back injury claims are paid through insurance, whether that be car insurance or a property owner’s liability insurance (e.g., homeowners insurance). Talk to our lawyers about getting full compensation through the defendant’s insurance company.
How Long Does it Take to Settle?
Settlements can happen quickly if you have strong evidence and the insurance company does not want to risk trial. When this happens, it often takes 2-3 months.
If the insurance company is refusing to settle and putting up a fight, it can take more like 6-9 months, and even longer if we have to sue and go to court.
Can You Sue and Still Get a Settlement?
Many settlements take place after a lawsuit is filed. While our first course of action is to see if we can settle without a lawsuit, many cases are filed after the discovery stage or even “on the courthouse steps” as the trial date comes closer.
Call Our Personal Injury Lawyers in New Jersey for Help Today
For a free review of your back injury case, call Agrapidis & Maroules, P.C.’s Newark, NJ personal injury attorneys at (201) 777-1111.