How much should I settle for with a back injury?

• November 3, 2023
• Attorney Matt Stoddard
• Personal Injury

You’ve suffered a back injury that has caused pain and discomfort and disrupted your daily life. Now you’re exploring your options for compensation to help pay for medical bills and make up for lost wages. As a Georgia resident, you have the right to pursue legal action against the party responsible for your injury.

However, determining how much your claim is worth and negotiating a fair settlement can be complicated. With the right approach, and by having The Stoddard Firm on your side, you may reach a settlement that provides financial relief during your recovery.

Different Types of Back Injuries

There are several types of back injuries that could lead to compensation in Georgia. The severity and specifics of your injury will determine how much you may receive in a settlement.

Muscle Strains

Muscle strains, also known as muscle pulls, are one of the most common back injuries. They occur when muscles are stretched or torn from overuse or improper movement. While typically minor, severe muscle strains can require physical therapy or surgery to heal and time off work to recover. Settlements for moderate to severe muscle strains may range in the tens of thousands of dollars.

Herniated Disks

Disks act as cushions between the vertebrae in your spine. A herniated disk, also known as a slipped or ruptured disk, occurs when the inner core of the disk pushes through its outer lining. This can press on nerves, causing pain, numbness, or weakness. Herniated disks often require therapy, medication, or, in severe cases, surgery to repair. Settlements for herniated disks typically range from tens of thousands to hundreds of thousands of dollars, depending on the specific details of your injury and treatment.

Fractures

Vertebral compression fractures occur when the vertebrae in the spine collapse, often from trauma or osteoporosis. Fractures typically require 4 to 12 weeks to heal, with rest, bracing, and physical therapy. In serious cases, surgery and spinal fusion may be necessary. Settlements for vertebral fractures can range from $75,000 up to $350,000 or more, depending on the number of vertebrae involved and the extent of treatment required.

By understanding the different types of back injuries, you can determine a reasonable settlement amount to pursue with the guidance of an experienced Atlanta personal injury attorney. Be sure to provide your attorney with all details regarding your injury, medical treatment, and time missed from work.

How Are Back Injury Settlements Calculated?

The amount of compensation you can receive for a back injury in Georgia depends on several factors. To determine a fair settlement, insurance companies, and lawyers will evaluate the details of your injury and how it has impacted your life.

The Severity of the Injury

The severity and permanence of your back injury is one of the biggest factors in calculating a settlement amount. Injuries like muscle strains or sprains typically result in smaller settlements, while severe injuries like herniated disks, fractures, or spinal cord damage warrant much higher compensation. Your doctors’ diagnoses, prognosis, and recommended treatment plan provide evidence for the severity of your condition.

The Effects on Your Lifestyle

How your back injury affects your ability to work, engage in hobbies and daily activities, and enjoy life also influences your settlement amount. If you can no longer do your job or favorite hobbies, require help from others, or experience a reduced quality of life, you will likely receive more compensation. Records of lost wages, medical bills, and statements from you and your loved ones discussing the impacts provide support for your claim.

Liability and Fault

The amount of fault that lies with the other party, and the strength of evidence proving their liability, determines the maximum settlement you can expect. Clear evidence that proves the other party was entirely at fault for your injury results in higher compensation. If you share some fault, your settlement will decrease proportionally. Police reports, photos, video footage, and eyewitness statements all help establish liability.

Your Demands

The amount you demand for compensation, both economic and non-economic damages, sets the ceiling for any settlement offer from the insurance company. While you want to aim high, your demands must also remain reasonable given the details of your specific case. An experienced personal injury lawyer can help determine appropriate compensation demands that have the best chance of being accepted or awarded in court.

In summary, the severity and effects of your injury, the strength of evidence against the liable parties, and your reasonable compensation demands are all used to calculate a fair settlement for your back injury in Georgia. With the help of a qualified lawyer, you can determine an amount that provides for your medical costs and lost income, as well as improves your future quality of life.

How Do Back Injury Compensation Amounts Work?

The amount of compensation you may receive for a back injury in Georgia depends on several factors. The severity of your injury, costs of medical treatment, lost wages, and degree of fault are all considered when determining an appropriate settlement amount.

To determine a fair settlement, the first step is to calculate your economic damages — the actual financial losses you incurred due to the injury. This includes medical bills, rehabilitation or physical therapy expenses, medication costs, and lost wages from time missed at work. Be sure to keep records of all related expenses.

Next, noneconomic damages, such as pain and suffering, are considered. Back injuries often cause ongoing pain, discomfort, and reduced mobility and enjoyment of life. Georgia is a modified comparative negligence state. If you share as much as 1% of fault for the accident, your pain and suffering damages could be limited. When you are 50% or more at fault for the accident, Georgia’s negligence laws will bar you from recovering any compensation.

In addition, if the at fault party was “on the clock” at the time of your injury, then you can bring suit against the employer as well as the at fault party.  This is often a helpful strategy when you would be unable to collect for the full amount of your injuries from the at fault party. Determining liability and fault is a key part of the settlement process. You will need to provide evidence that shows how the other party’s negligence directly caused your injury, and The Stoddard Firm can help with that process. The more clearly you can demonstrate the other party’s responsibility, the higher your settlement or verdict is likely to be.

Other factors like your age, occupation, and preexisting medical conditions may also affect your settlement amount. A younger, otherwise healthy person with a permanently disabling injury will typically receive more than an older person with a similar injury. Lost earning capacity and long-term care costs are greater for younger individuals.

Settling a back injury claim can be complicated, but understanding how compensation amounts are calculated will help you determine a fair and reasonable settlement demand. Be sure to consult with a personal injury attorney to evaluate the details of your specific situation. They can help you negotiate the maximum settlement possible under Georgia law.

Should I Go to Court or Take a Settlement Amount For My Back Injury?

When suffering a back injury, you have two options for compensation: taking your case to court or accepting an out-of-court settlement. Each choice has its pros and cons, so you must weigh them carefully based on the specifics of your situation.

Going to Court

Filing a lawsuit allows you to have your case heard before a judge and jury. This path typically provides the possibility of higher compensation, especially if your injuries are severe. However, litigation can be time-consuming and expensive. There is also no guarantee of victory—the jury may rule against you.

Accepting an Out-of-Court Settlement

Settling your claim outside of court provides a quicker resolution and guaranteed compensation. The defending party, usually an insurance provider, will offer you a lump sum payment to settle the matter without a trial. While the amount may be lower than what a jury might award, a settlement provides certainty and allows you to pay off medical bills and other expenses right away. You can then move on from the legal process.

When determining whether to go to court or accept an out-of-court settlement, weigh factors like:

• The severity and prognosis of your injuries. More serious or permanent harm may warrant pursuing a higher jury award.
• The amount of the proposed settlement versus the potential jury award. While difficult to determine exactly, your attorney can provide an estimate based on similar cases.
• Your tolerance for risk. There is inherent uncertainty in going to trial. An out-of-court settlement guarantees payment, while a jury trial could result in a defense verdict.
• The time and money required for trial. Court cases often span at least 18 months and generally cost a minimum of ten thousand dollars in case expenses. A settlement allows you to receive compensation much sooner without the same level of expense.
• Your need for closure. For some, a settlement and moving on from the legal process provides the quickest path to emotional and physical recovery. The trial can prolong the stress and trauma.

Whether to go to court or accept an out-of-court settlement depends on your priorities and situation. Contact The Stoddard Firm to discuss all options thoroughly with your personal injury attorney to determine the best course of action in your case.

Call Us at The Stoddard Law Firm Today

In summary, the amount of compensation you can receive for a back injury in Georgia will depend on the specifics of your injury and situation. However, you should aim high in your initial settlement demands, as insurance companies will likely negotiate down.

While the process can be complex and time-consuming, staying patient and working with an experienced personal injury lawyer at The Stoddard Firm will help maximize your settlement and ensure you get the justice and financial relief you need to recover from your injury. Call us at 470-467-2200 to schedule your no-obligation consultation today and get the compensation you deserve.