Car Accident Back Injury Compensation

One of the most common injuries in a car accident is a back injury of some kind. These can be simple strains or sprains, the more painful herniated disks that have a long recovery period, or can even by really serious spinal cord injuries that can lead to paralysis.

What is car accident back injury compensation?

When you sustain a back injury due to a car accident, you can get car accident back injury compensation from the other driver who was responsible for causing your injury.

How are car accident back injury compensation evaluated?

Car accident back injury compensation is calculated on a case-to-case basis due to the fact that the compensation to be awarded would depend on the nature and seriousness of the back injury. However, there are a few general guidelines that are used when evaluating the compensation amount for a back injury claim.

• • • Compensatory Damages: car accident back injury compensation typically includes Economic as well as Non-Economic damages (which together are called “compensatory damages”).
      • Economic Compensatory Damages: These are financial losses that you will actually bear due to your back injury. These damages include:
        • Medical Bills: This includes surgeries, exams such as x-rays, physical therapy and in case of paralysis, then future (sometimes life-long) medical care.
        • Income & Wages lost:You are also entitled to compensation for lost income as well as the possible loss of future income or decrease in future income due to your back injury.
• • • Non-Economic Compensatory Damages: These are damages that you can’t quantify easily, such as:
      • • Pain & Suffering: A pain multiplier is used to calculate the amount of compensation you should get for the pain and suffering you have experienced as a result of your back injury. On an average, your economic compensatory damages are multiplied by a number ranging from 1.5 to 5 to arrive at a compensation figure. However, if your injury is really serious, then this multiplier can even go as high as 10.
        • Emotional Distress Damages: Depending on the law of the state, emotional distress damages may be awarded separately or as a part of the compensation for your pain and suffering.

• • Punitive Damages: Rarely, it is possible to be awarded punitive damages as part of your car accident back injury compensation. If you can prove that your back injury in the car accident was a result of gross negligence on the part of the other driver, you may be awarded punitive damages. However, these are only paid after a full court trial and a jury is the decider. Basically, you will only be awarded these damages is the other driver’s actions were so outrageous that he needs to be punished by paying further damages.

• • Other factors that affect car accident back injury compensation claims: There are other factors that can have an impact on your compensation:
    • Contributory Negligence: If you were found to be even partially at fault for the accident, then you may not be awarded any compensation for your injuries.
    • Comparative Negligence: If you were found to be partially at fault, but the other driver was slightly more responsible for the accident (and you prove this), then you will be awarded compensation proportionate to your level of fault. So if you were 20% at fault, then you will get 80% of the total compensation.
    • Failure to mitigate damages: If after the accident you did not take steps to treat your back injury, this is known as failure to mitigate damages. If this is the case, you could lose all or a part of your compensation.