How much you get in a back pain injury settlement depends on the circumstances. It helps to have a skilled back injury attorney to represent you. Jury verdicts for cases involving severe injuries can yield high settlements. However, data from Forbes indicates that the average workers’ comp settlement is in the lower- to mid-range.
According to data compiled by Forbes:
- The average workers’ comp back injury claim ranges from $20,000 to $25,000.
- On average, back injuries sustained at work yield a settlement of $23,600.
- Back injury claims cost an average of $40,000 to $80,000 (based on OSHA data).¹
How a Back Pain Injury Settlement Is Determined
A personal injury attorney can find different ways for you to get compensated. They also have the expertise to look at every aspect of your claim. By gathering the appropriate evidence and showing how badly you were injured, a lawyer can negotiate and help you get the full amount you’re entitled to. Some of the factors they can look at include:
Type of Injury
Common types of injuries that can result in back pain include:
- Soft Tissue: While it may not sound severe, a soft tissue injury can cause excruciating back pain. It can involve the skin, muscles, tendons, or ligaments. Strain from constant bending, a sprain from a fall, or a tear can result in a debilitating injury.
- Herniated Disc: Excessive force can cause the discs between the spinal vertebrae to rupture. If the disc slips, cracks, or ruptures, it can push against nerves and cause severe pain.
- Fracture: A fractured vertebrae can result in a painful back pain injury. It can range in severity from a compression fracture to more severe fractures that can damage surrounding tissues and take longer to heal.
A spinal cord injury is an extreme case that can permanently impact motor function and cause paralysis. It can also be life-threatening. But at the very least, a bruised or lacerated spinal cord can cause extreme pain, problems with other nerves, and impairments to basic biological functions. Generally, the more serious and extensive your injuries (and how much they impair your work ability and quality of life), the more you should be compensated.
Duration of the Injury
The more time it takes to recover, the greater an injury’s cost impacts. You may be out of work for longer and require a longer course of medical treatment. If it takes months or years to heal or the injury is permanent, your settlement amount is likely to be much higher than if the injury heals relatively quickly.
Where the Injury Occurred
Back pain injuries often occur in workplaces. The most vulnerable workers include those in the construction industry. They are prone to slip and fall accidents, repetitive motion injuries, and falls off ladders.
However, back injuries can also result from intentional or unintentional negligence in a commercial setting. If you’re injured in a restaurant, store, or other public facility or on property owned by a city or individual, that owner could be liable for damages. If an obstruction or safety hazard led to your injury, that could be the subject of a lawsuit.
Medical malpractice can also lead to back injury lawsuits, whether it occurs in a chiropractic office, hospital, or outpatient clinic. The wrong treatment, wrong medication, or wrong diagnosis can lead to severe back pain.
Diagnostic testing, medication, specialist visits, surgery, and physical therapy can add up to amounts most people cannot afford on their own. If your back pain injury is severe enough, you may need compensation for past and future medical bills. Your attorney can help estimate future medical costs and factor them into the type of settlement amount they request.
The Amount of Income Lost
If back pain keeps you out of work for a long time, it’ll have a more significant impact on your earnings. Your personal injury settlement should compensate for this lost income. A lawyer can calculate lost earnings to help strengthen your case and further increase the settlement amount.
Types of Damages
To determine the amount of your back injury settlement, your personal injury lawyer will also look at the types of damages you may be eligible for. Depending on the accident and its circumstances, these can include:
- Economic Damages: These include lost wages/income, lost earning capacity, property damage, medical expenses, and other calculable monetary losses.
- Non-Economic Damages: While difficult to calculate, these can compensate for pain and suffering, loss of consortium, loss of companionship, and mental trauma.
- Punitive Damages: A plaintiff can seek to punish the defendant for their actions or negligent behavior as a means to deter them and others from engaging in such behavior.
How to Increase Your Back Pain Injury Settlement
To fight for a maximum settlement amount, your personal injury attorney will gather as much evidence as possible. Documentation, witness statements, surveillance footage, and other evidence will help them build a strong case. They also have the skills to pressure and negotiate with insurance companies to increase settlement payouts. Experienced lawyers work within any relevant statute of limitations as well, to ensure all deadlines are met.
Call Jacob Today
If you’ve suffered a back pain injury due to someone else’s negligence or wrongful actions, The Law Offices of Jacob Emrani can help you get the compensation you deserve. We’ve helped numerous clients over the years recover damages after car accidents, work accidents, and other circumstances. We don’t charge any fees unless your case wins. To request your free consultation, call (888) 952-2952 today.