- Average Settlement For Back Injury Workers Comp
- Workers’ Comp Settlement For A Back Injury In Michigan
- Avoid Workers’ Comp Mistakes In New York
Average Settlement For Back Injury Workers Comp – Even a car accident that may not seem serious at first can cause serious, permanent back injuries. This is true even at low speeds, and even when there is little or no damage to the vehicle. Our company has folders full of scientific medical journals to prove it. This is information that helps you prove your case and squeeze more back injury money out of insurance companies.
To help you fully understand the value and pitfalls of your back injury claim, we’ll cover the following topics in this article:
Average Settlement For Back Injury Workers Comp
If after reading this article you still have questions or need an attorney, fill out the contact form on this page, call or email us. We are happy to help.
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Medical Topics 1 – Anatomy of a Back Injury 2 – Back Strains and Strains a/k/a Soft Tissue Back Injuries 3 – Other Back Injuries 4 – Various Vehicle Impacts and Track Related Back Injuries Information 5 – Insurance Arguments for Back Injuries 6 – Back Injury Settlements and Verdicts from Car Accidents 7 – Average Back Injury Settlements 8 – Back Injury Settlement Schedule 9 – Back Injury Settlement Calculator Get Help 10 – Back Injury Q&A 11 – Free 30 Minute Consultation Articles Resources 12 – Supporting Resources and About the Author 13 – About the author
Allowing our body to bend and stretch, the spine has three natural curves that help keep us balanced. Although our spines are undoubtedly flexible and strong, they can easily be damaged when faced with a sudden traumatic force. It can even happen with seat belts and sometimes because of them.
While seat belts save lives, they also cause terrible back injuries. They brace the spine at two points while the rest of the spine bends and twists during a car accident. This leads to torn flexor and extensor muscles, ruptured spinal discs, and can cause sudden fractures.
When we talk about back injuries, we’re usually talking about thoracic and lumbar spine injuries. In a typical car accident, it is very rare for someone to injure their sacrum or coccyx.
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If the injury is to one of the vertebrae or a spinal disc, diagnostic films, medical records, doctors and lawyers will refer to the specific spinal level (by the number of vertebrae) where the injury occurred. Those levels are:
The spinal discs are located between these vertebrae. This is why a damaged disc is never called, for example, a “C3 disc injury”. It will be called a “C3-C4 disc injury” because it identifies the two vertebrae between which the damaged disc lies.
In a car accident, damage to the soft tissue ligaments and tendons in the muscles surrounding the spine can occur. This may be called back strain or sprain in your medical records. It is estimated that 80% of all back pain is due to some form of soft tissue injury.
Impact between vehicles involved in a car accident can cause back muscles to strain or tear, and in some cases, damage to nerve endings. The average size of a back injury is often associated with this type of information.
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If a muscle, ligament, or tendon is torn, a partial or complete soft tissue tear has occurred. This is where your back pain may come from after an accident. Knowing this can help you, or more likely your attorney, determine the exact amount of soft tissue back injury for your claim.
Symptoms of strains and strains and back damage range from very mild to severe and debilitating.
As discussed below, these injuries can take weeks, years, or never to recover from, which is why you should be careful negotiating back injury compensation claim amounts without the help of an attorney.
Yes, the rash or tension may be permanent. How severe an injury is can vary greatly depending on the severity of the accident and the force of the impact.
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While it may be true that many sprains and strains are minor and will heal gradually, the same cannot be said;
Such injuries, some of which can have a direct, negative impact on an individual’s daily life, as well as over a lifetime.
Therefore, the solution to a lower back injury must take this reality into account. If the adjuster claims it is too speculative, it may be appropriate to wait a few months and continue receiving your recommended medical treatments before accepting any settlement.
When lower back pain or strain is persistent, it will have a significant impact on your payments and should be factored into the variables of your back injury settlement calculator.
Workers’ Comp Settlement For A Back Injury In Michigan
However, most insurance companies will treat your case as just another case of soft tissue injury and will not make a fair settlement offer without filing a claim. This is why the average car accident back injury settlement is often lower than it should be for those without an attorney.
Catastrophic and/or permanent damage to the soft tissue of a person’s back usually means that they have to find ways to manage their condition on a daily basis, and some have to adjust their entire lifestyle in order to experience quality of life. An attorney can help you prove these losses by developing customer stories, using demonstrative evidence, and using third-party witnesses to get the insurance company a fairer settlement offer for you.
In some cases, soft tissue injuries to the back can be catastrophic, with permanent effects such as chronic numbness, chronic pain, limited mobility, loss of function, and limited muscle strength.
These symptoms help increase payouts, assuming they can be approved. If you are permanently limited in mobility or range of motion, you should be entitled to a higher payout for the negative impact on your life. Proving those losses in a recoverable way is more than just telling the insurance company that these are your symptoms.
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♦ Acute – In the first hours and days after a car accident, when you sustain a lower back strain or strain, the injury is called an acute.
♦ Subacute – As the body transitions from protecting the damaged tissue to repairing it, the injury enters the subacute phase, which often lasts about six weeks.
♦ Remodeling – Finally, the injury enters the remodeling phase where the body continues to stimulate new tissue growth to meet the mobility needs of the injured individual; it may take as little as six weeks or as long as three months.
If the pain persists, the condition will likely be diagnosed as chronic by a medical professional who will adjust the treatment and therapeutic schedule to help you recover or learn to live better with your injury.
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The treatment you receive is somehow related to the settlement fee you receive and vice versa.
There are significant limits to this, but in general, more treatment leads to more medical bills, which leads to more settlement amounts and is often therefore tied to the amount of your back injury insurance. Again, that general statement has significant limitations.
Some of these treatments may help increase your bill more than others, and some of them are often overcharged by medical facilities, resulting in unreimbursed medical expenses.
It is important to speak with an attorney immediately after your car accident so that he or she can monitor your treatment progress and provide up-to-date advice on how your treatment will help or hurt your payments.
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Although strains and sprains are the most common types of lower and middle back injuries, these are other common back injuries that you may see in your medical records or hear from your doctor that you have:
♦ Herniated Disc – This occurs when the discs that support the spine slip, crack, or tear out of place. Extreme force can cause a herniated disc.
♦ Fractures – Vertebral compression fractures can be sustained in a car accident when the vertebrae are damaged. Less common but very serious and may result in the need for surgical equipment.
♦ Spinal Cord Injuries – The spinal cord can be bruised, torn, or damaged by the extreme pressure of a collision. Spinal cord injury is not common after a typical car accident. Much more common is spinal cord irritation from other types of back injuries, such as a herniated disc. These injuries often require significant spinal cord reconstruction.
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The other two injuries are equally balanced with the ability to get you big setups. This is because a substantial herniation resulting from surgery is more likely to occur than a non-displaced, non-surgical vertebral fracture. Many variables come into play and the assessment changes on a case-by-case basis.
The type of accident you are involved in (meaning the type of impact, such as rear end, head, and bone) can cause different types of injuries.
For example, a disc injury in the neck is more likely a
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