What Is The Average Payout For Back & Neck Injuries From A Car Crash?
While there isn’t a “one size fits all” answer to the exact amount of money you can expect from a car crash injury, we can say the average neck and back injury settlement amount in Ohio is $363,800.
That being said, there are too many factors that make each case unique. It’s always best to talk to an Ohio-based personal injury lawyer before taking any action. If you’re not ready to take that step, consider the following:
Securing a car accident settlement that results in back and/or neck injuries requires convincing the at-fault driver’s insurance company that…
- Your bear less than 50% of the responsibility for causing the crash
- You suffered neck and back injuries as a direct result of the crash
- Your neck and back injuries required medical treatment
Types of Damages That Can Be Claimed In An Ohio Car Crash Settlement
Once it’s determined that you meet this criteria, there are different types of damages that can be claimed to ensure there’s a fair and just settlement. Car accident victims in Ohio have the right to ask for economic damages, noneconomic damages and, in certain cases, punitive damages.
Economic damages include crash-related expenses for emergency medical care, hospitalization, surgeries, physical and occupational therapy, lost wages, and loss of future earnings capacity. Put simply, economic damages are the amounts that can be calculated by doing things like adding up bills and multiplying days of unpaid leave by the amount an accident victim would have earned for working on those days.
Noneconomic damages for car crashes are typically called “pain and suffering.” Putting an exact number on physical pain and emotional suffering is never easy, especially when the pain from, say, a herniated spinal disc can last a lifetime and make enjoying any aspect of life difficult.
Punitive damages are a final type of damages that can be claimed when the at-fault driver was drunk or high on drugs. A civil jury awards these in order to penalize the drunk or drugged driver for recklessly endangering the injured victim’s life and well-being.
The amounts of economic and noneconomic damages we seek for a particular car accident client depend on the following factors:
- Nature and extent of the injuries
- Costs of past and future medical treatments and therapeutic interventions
- Degree of temporary or long-term disability
- Long-term affects of the injuries
Your lawyer will ask for higher amounts of noneconomic damages when your injuries leave you unable to enjoy activities you once did prior to the car crash. For instance, an avid bowler who can no longer hit the lanes following the car accident deserves significant noneconomic damages. So does a crash victim who can no longer bend down to hug their child without experiencing significant discomfort.
Ohio law caps settlements for noneconomic damages at the greater of $250,000 or three times the economic damage award. Fortunately, no cap applies to economic damages. When punitive damages are available, they are capped at double the total of economic and noneconomic damages.
On a final note, you should acknowledge that some insurance settlements will be limited by the amount of coverage an at-fault driver carries. If, for instance, the person who cause the wreck has the minimum liability coverage for bodily injuries of $25,000, we will need to either accept that for our client or look for additional coverage. We can often tap underinsured motorist provisions of our own client’s insurance policy. In cases involving tractor-trailers or other commercial trucks, we can also explore the possibility of filing claims against more than one policy covering the at-fault driver and vehicle.
As personal injury attorneys based in Columbus and available to take cases all across Ohio, the legal team at Agee Clymer Mitchell & Portman welcome opportunities to secure back and neck injury settlements for car accident victims. We offer free consultations to potential clients, so reach out to us online or call us at (614) 678-3318 to schedule an appointment.