What is the Average Settlement for a Car Accident Back Injury in Colorado?
Car accident settlements are difficult to calculate. They involve weighing numerous factors. The most important thing is that you get treatment for your injuries after the crash. However, it is crucial to speak with a car accident lawyer who can help you out with your case. If you do not, you risk getting a settlement that doesn’t fully cover the cost of your injuries.
Types of Back Injuries
Back injuries are one of the most common types of ailments sustained by car accident victims. Like any other injury, they range in severity. For instance, some minor accidents may only result in back strains or sprains. These are painful but usually, heal with rest and time. More severe injuries could result in fractures to the vertebrae and cause spinal cord damage. In severe cases, spinal cord injuries can cause paralysis in the victim. Some of the most commonly sustained car accident-related back injuries include:
- Bruising or tearing of the soft tissue, including tendons, muscles, and ligaments in the back;
- Herniated discs;
- Bulging discs;
- Compression fractures;
- Axial bursts;
- Flexion distraction fractures; and
- Dislocation fractures.
Individual back injuries are different and can range from minor to severe. As such, the settlement value of a claim varies on a case by case basis. Generally, the more severe an injury is, the higher the settlement amount will be. This is true even when an injured party was partly at fault for the accident. This is because Colorado is a modified comparative negligence state. This means that plaintiffs can still recover damages even if they contributed to an accident. They cannot recover 100% of the damages, though. If an injured party was 20 percent at fault in an accident, he or she can expect a lower settlement.
Generally, a settlement value will be based on compensable damages that an injured party may be able to collect in court. Back injury claims involve both economic and non-economic damages. The amounts depend on the severity of the injury. Economic damages reflect actual financial losses suffered by a victim. This includes both past and future medical expenses, such as:
- X-rays, CAT scans, and MRI tests;
- Physical therapy;
- Surgery; and
- Ongoing care for a permanent disability.
Injured parties can also collect the income that they were unable to receive as a result of the accident. Determining how much a person suffered in lost income requires an analysis of the injured party’s salary history and the number of days missed.
Non-economic damages provide compensation for losses that are more difficult to quantify. The pain and suffering endured by the victim as a result of the accident is one example of a non-economic damage. Medical bills are easily noted using receipts and invoices. Estimating pain and suffering is more difficult and will usually up to a jury. Generally, the more severe an injury is, the higher the pain and suffering calculation will be.