In Texas, the average settlement for a car accident involving back and neck injuries typically ranges from $5,000 to $500,000. For moderate injuries like whiplash or disc injuries, settlements average $38,492.

However, cases involving severe injuries — like spinal cord damage — can result in much higher payouts, sometimes exceeding $500,000 or even reaching multi-million-dollar amounts in exceptional circumstances.

Factors like the type of accident, any medical expenses, and whether long-term care is necessary all contribute to determining the settlement value.

At Keith & Lorfing, each personal injury law case is unique, and by consulting with our experienced legal professionals ensures your claim is evaluated thoroughly. We take pride in providing personalized service and advocating for the highest possible compensation for our clients. 

If you need more information or wish to explore legal options, we offer free consultations to review your case and help you understand your potential recovery options.

Our Abilene car accident lawyers are available to discuss your back or neck claim in more detail

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Neck and back pain after car accident settlement in more detail

Experiencing neck and back pain after a car accident is not only physically painful but it can also lead to substantial financial burdens due to medical bills, lost wages, and necessitate ongoing treatment.

Let’s take a deeper look into how these injuries impact settlement amounts, the factors involved in determining compensation, and what you can expect if you’re filing a claim.

Lower back pain

A typical lower back pain car accident settlement average in TX typically ranges from $15,000 to $50,000. However, this amount can vary significantly depending on the severity of the injury, whether it results in chronic pain and the impact on your ability to work.

In more severe cases, where the lower back pain leads to long-term disability or the need for extensive rehabilitation, the settlement amount may increase to $75,000 or more. Factors such as the presence of pre-existing conditions or multiple accidents can also influence the final settlement value.

Back and neck injury without surgery

The average back and neck injury settlement without surgery in TX typically ranges from $10,000 to $30,000. These cases often involve soft tissue injuries like whiplash, which may not require surgery but still lead to significant medical expenses and lost wages due to time off work.

In cases where the injury results in long-term pain or discomfort but doesn’t necessitate surgical intervention, the settlement may increase, especially if ongoing physical therapy or long-term medical care is required.

Additional reading: average settlement for a rear-end collision in Texas

Soft tissue back injury

Typical soft tissue back injury settlement amounts are $5,000 to $20,000. These injuries, which include strains, sprains, and whiplash, are generally less severe than those requiring surgical treatment but can still cause substantial pain and financial strain due to medical bills and therapy.

How much compensation will I get for a broken neck?

The average settlement amount for a broken neck in a car accident in Texas typically ranges from $150,000 to $500,000. This wide range reflects the seriousness of a neck fracture, which can result in partial or complete paralysis, requiring extensive medical treatment and long-term care.

In cases involving spinal cord damage or paralysis, settlements can reach $1 million or more, especially when factoring in future medical costs, loss of earning capacity, and pain and suffering​.

SI joint injury

A typical SI joint injury from a car accident settlement is from $20,000 to $70,000. Sacroiliac (SI) joint injuries can cause chronic lower back and leg pain, making it difficult to perform daily activities or work.

Settlements for this kind of injury depend on the level of disruption to the victim’s life and the need for ongoing medical treatments such as physical therapy or injections. More severe cases involving long-term disability or surgery can push settlements into the higher range, reflecting the lasting impact of the injury.

Rear-ended back pain

Back pain after being rear-ended typically results in settlements ranging from $10,000 to $50,000. Rear-end collisions are a common cause of soft tissue injuries like whiplash or disc injuries, and the compensation reflects the medical expenses, lost wages, and pain and suffering endured.

More serious injuries, such as herniated discs, may push the settlement higher, especially if they require surgery or lead to long-term complications. 

Traumatic scoliosis

Traumatic scoliosis settlements in Texas range from $50,000 to $150,000. Traumatic scoliosis, caused by damage to the spine from an accident, can result in chronic pain, limited mobility, and the need for corrective surgeries or long-term therapy.

Settlements take into account the severity of the condition, the required treatment, and how much the injury affects the victim’s quality of life. In cases where scoliosis leads to permanent disability, settlements can exceed these averages.

No matter your symptoms, if you’ve suffered an injury in a car accident, we have a Midland car accident lawyer to support you today

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How to maximize a settlement amount

Maximizing your settlement after a car accident involves strategic actions that can significantly impact the compensation you receive. Here’s how you can improve your chances:

  1. Gather Thorough Documentation: Take pictures of the accident scene, your injuries, and any property damage. Collect witness information and police reports to strengthen your case.
  2. Seek Medical Attention Immediately: Visit a doctor as soon as possible after the accident to get a detailed diagnosis. Immediate medical care shows the seriousness of your injuries and helps build a stronger case.
  3. Follow Your Doctor’s Advice: Stick to the prescribed treatment plan and attend all follow-up appointments. Inconsistent medical care can weaken your claim by suggesting your injuries aren’t as severe.
  4. Hire an Experienced Personal Injury Lawyer From Our Firm: Our attorneys know how to accurately value your claim, negotiate with insurance companies, and push for the highest possible settlement. Our expertise is critical in complex or high-value cases.
  5. Keep Track of All Expenses: Maintain detailed records of medical bills, lost wages, travel expenses for medical appointments, and any other costs related to the accident. Proper documentation ensures nothing is overlooked in the settlement.
  6. Avoid Talking to the Insurance Company without Legal Advice: Insurance companies often aim to minimize payouts. Avoid giving statements or accepting early settlement offers without consulting your attorney first.
  7. Be Patient During Negotiations: Don’t rush to settle: wait until you’ve fully recovered or have a clear understanding of your long-term medical needs before accepting an offer. Settling too quickly could leave you with uncovered expenses later.

Additional reading: average settlement for a broken bone in a car accident in Texas

Factors influencing settlement values

Several key factors influence the value of a settlement and injury case after a car accident. Let’s take a look at each of them:

Severity of Injuries

More severe injuries, such as broken bones, spinal cord damage, or traumatic brain injuries, result in higher settlements due to the associated long-term medical care, rehabilitation, and potential disability. In contrast, soft tissue injuries like whiplash tend to receive lower settlements.

Medical Treatment Costs

This includes emergency room visits, surgeries, physical therapy, prescription medications, and ongoing rehabilitation. The more extensive and costly the treatment, the higher the settlement amount will be to cover these expenses taking into account any potential future medical needs.

Impact on Daily Life and Work

If the injuries affect your ability to work or perform daily activities, the settlement value increases. Loss of income, diminished earning capacity, and the inability to engage in normal life activities due to the accident will all be considered when calculating compensation.

Legal Representation

Having an experienced personal injury accident lawyer from Keith & Lorfing can significantly influence your settlement value. Our skilled attorneys can negotiate with the insurance companies to ensure you receive fair compensation.

We can also help gather evidence, calculate damages accurately, and advocate for you in court if necessary.

Our San Angelo car accident attorneys are available for car accident victims with a free consultation

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Texas car accident laws affecting settlements

Several laws in Texas directly impact how car accident settlements are calculated. Below are the key factors to consider:

  • No-Fault vs. Comparative Fault: Texas operates under an at-fault system, meaning the driver responsible for the accident is liable for damages. The state also follows modified comparative fault rules, which reduce your settlement if you’re partially at fault. If you are more than 50% at fault, you are barred from recovering compensation​.
  • Statute of Limitations: Texas law imposes a two-year limit for filing personal injury claims related to car accidents. This means you must settle your claim or file a lawsuit within two years of the accident date​.
  • Mandatory Insurance Coverage: Texas requires drivers to carry minimum liability coverage of $30,000 per person for bodily injury, $60,000 per accident, and $25,000 for property damage. Optional Uninsured/Underinsured Motorist (UM/UIM) coverage is also available to protect you when the other driver lacks adequate insurance​.
  • Punitive Damages: Punitive damages may be awarded if the at-fault driver acted with gross negligence, such as in cases involving drunk driving. These damages are capped at two times the economic damages plus non-economic damages, up to $750,000, or $200,000, whichever is greater​
  • Insurance Policy Limits and Stacking: Texas allows the stacking of insurance policies, which can help increase the total compensation available, especially when the damages exceed the at-fault driver’s policy limits​.
  • “Bad Faith” Insurance Practices: Texas law protects consumers from bad faith insurance practices, meaning if an insurer unfairly denies or delays a claim, the injured party can file a lawsuit for additional damages beyond the settlement amount​. 

The process for neck and back injury settlements

Each step in obtaining a settlement after a neck or back injury from a car accident requires careful attention to maximize the outcome of your neck and back injury case.

1. Get Checked Out Right Away

First things first: see a doctor ASAP, even if you think it’s “just a little sore,” since you will need that medical record showing you were injured in the accident. Insurance companies love to argue that delays in treatment mean your injuries aren’t serious.

2. File Your Claim

Once you’ve got that medical proof, you need to file a claim with the other driver’s insurance company.

This is your official way of saying, “Hey, I’ve been hurt, and here’s the proof.” Get this done early, so you don’t miss the two-year deadline Texas gives you.

3. Collect Evidence

You’ll want everything that backs up your claim — photos of the accident scene, police reports, witness statements, and of course, your medical records. All this evidence helps show the insurance company you’re not messing around.

4. Calculate Your Damages

Work with your lawyer to figure out what this injury is really costing you. This means adding up the obvious like medical bills and lost wages, but also factoring in things like future treatments and pain and suffering.

Neck and back injuries can linger, so make sure you think long-term.

5. Time to Negotiate

The insurance company will probably come at you with a lowball offer. Your attorney will negotiate for something fair, using all the documentation to push for what you really deserve.

Be patient here — it’s all about getting the right number.

6. Review the Offer

Once the insurance company throws an offer your way, look at it closely. Make sure it covers all your expenses, now and in the future.

Don’t rush this part. Your lawyer will help you decide if it’s good enough or if you need to push for more.

7. File a Lawsuit if You Have To

If they’re still lowballing you, it might be time to head to court. Your attorney will take the reins here, presenting all your evidence and making your case to get what’s fair.

This step can take a while, but sometimes it’s the only way to get a decent settlement.

8. Get Paid

Once the settlement is finalized, the money will be paid out. Your attorney will take their fee, and the rest will go to covering your medical costs, lost wages, and any other damages.

How we can help

If you’ve been involved in a car accident and suffered a neck or back injury, we’re here to ensure you receive the settlement you deserve. Dealing with a serious injury can be stressful, but our firm specializes in back and neck injury settlements, making the process straightforward and focused on your recovery.

We understand the range of challenges you might be facing, from medical bills to lost wages and long-term care. Whether you’re dealing with minor back strains or more severe issues like spinal cord injuries, we will work tirelessly to secure a fair settlement amount that reflects the full extent of your damages.

Our experienced personal injury attorneys will handle every step, from gathering evidence to negotiating with the insurance companies. With us on your side, you won’t have to worry about the legal process.

We focus on maximizing your compensation, whether it’s for a back injury settlement in Texas or an average car accident settlement for neck injuries.

Contact us today at 325-241-9286 for a free consultation with one of our dedicated attorneys. 

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Preston Martin

March 2023

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