Rear-end collisions are the most common type of car accident, accounting for roughly 29% of all crashes. Unfortunately, these incidents lead to a significant number of injuries and fatalities annually. If you've found yourself in the unfortunate position of being involved in a rear-end accident, you may be looking for help regarding a settlement.
So today, we will answer the pivotal question: What is the average settlement for car accident back and neck injury? And will discuss how our attorneys at Irons & Irons can help you receive the compensation you deserve.
Why Do Rear-End Collisions Occur the Most?
More often than not, the fundamental cause of rear-end accidents is distraction. If a driver is not paying close attention to the road or is bumper-to-bumper with another vehicle, the probability of colliding with that vehicle is high. Texting, sudden stops, brake checking, and decreased traction in wet conditions or on worn pavement are other frequent factors that lead to such accidents. Additionally, malfunctioning taillights can contribute to these incidents, as drivers may be unaware of burned-out bulbs, impairing their ability to perceive braking vehicles ahead.
Common Injuries From Rear-End Accidents
The most prevalent injuries sustained in rear-end accidents typically affect the back and neck, often resulting in whiplash due to the sudden jolting motion upon impact. Interestingly, individuals involved in such accidents may not immediately experience pain. This delay can be attributed to the body's release of adrenaline during stressful events, masking injuries that may only manifest hours or even days later.
Whiplash injuries can vary in severity, ranging from minor discomfort to more severe conditions. Rear-end accidents also put a significant amount of stress on the back, causing strains or tears in the muscles. It's crucial to seek medical attention promptly after a crash to assess any potential damage. Medical professionals typically conduct a thorough clinical evaluation, which may include X-rays, an MRI, or CT scans, depending on the nature and intensity of your pain.
Car Accident Injury Compensation in North Carolina
If you have fallen victim to a rear-end collision, you may have grounds to seek compensation for any resulting injuries. The financial burden of medical expenses alone can be overwhelming following an accident that wasn't your fault. However, beyond medical bills, lost wages, emotional distress, and ongoing pain can all arise as consequences of an unexpected collision, necessitating additional compensation to help you recover.
In North Carolina, fault is determined by the pure contributory negligence standard. Under this rule, if the plaintiff is found even partially responsible for the accident, they may not receive compensation. The defendant must be entirely at fault for the plaintiff to recover damages. These damages cover lost wages, future earnings, property damage, and medical expenses.
In some cases, car accident lawyers can secure other non-economic damages, including compensation for pain and suffering, emotional distress, disfigurement, and disability. Here’s a quick breakdown.
- Special Damages – These are costs related specifically to the accident, including medical bills, lost wages, and estimates of future costs for treating the injury.
- Non-economic Damages – These are more “abstract” costs, such as chronic pain, permanent injury or disability, disfigurement, or emotional trauma.
A personal injury lawyer can help you determine the best outcome for your situation.
What is the Average Settlement for a Car Accident Back and Neck Injury?
The average settlement cost for a rear-end collision involving a back and neck injury will be determined based on many factors. For example, how much money was spent on medical bills to treat the injuries caused by the accident? If your injuries require prescription drugs, crutches, and two weeks of physical therapy, for example, you typically will receive 100% of these costs.
You may also receive compensation based on the wages you lost for missing work as a result of your injuries. So, if you missed one week of work due to whiplash, you will likely receive that amount of wages. Victims will also receive an amount to cover the cost of vehicle repairs. If your car is deemed totaled, you may be eligible to receive the value of your current model.
Additionally, you may be able to receive a settlement for non-economic losses. As discussed above, these are the loss of quality of life as a result of the accident, like mental anguish and negative emotions like a fear of driving again.
While it may be difficult to determine an exact amount, with these considerations in mind, the average settlement for car accidents with back and neck injuries could range from $10,000 to $90,000. However, this amount will also depend on the other driver's insurance.
If you are relying on the defendant's insurance for compensation after a car accident, it can be quite limiting. Suppose the driver responsible carries only the minimum insurance coverage, for example, $30,000 per person for bodily injury liability (up to $60,000 per accident) and $25,000 for property damage per accident. In that case, you may find your compensation capped at these limits. So, even if your expenses amount to $50,000 for medical bills and lost wages, you might not receive compensation beyond their policy limit.
The Settlement Process: Why Hire an Attorney?
In many cases, disputes are resolved outside of court through settlement agreements. Typically, the responsible party or their insurance company negotiates a payment to the injured party, and both sides sign a written agreement, resolving the matter. However, if a settlement cannot be reached, the injured party and their attorney may file a civil complaint against the responsible party, alleging negligence or careless actions that led to the accident or injury. Hiring an attorney helps victims receive justice for their accident after a difficult and traumatic time.
At Irons & Irons, our attorneys understand the importance of personal injury litigation and will fight tirelessly to protect the rights of victims and families who have suffered from rear-end collisions. The effects of a car accident are challenging, even for rear-end collisions. When you work with us, we will be your allies and advocates during your personal injury case, fighting to hold the responsible parties accountable to help you get the compensation you deserve.
Irons & Irons P.A. accepts car accident personal injury cases in Charlotte, Raleigh, Greenville, Greensboro, Fayetteville, Asheville, Winston-Salem, and the entire state of North Carolina.
Have more questions about the average settlement for a car accident back and neck injury and how we can help?
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