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How Much Should I Settle For A Back Injury?

Slips, falls, car crashes, and other accidents can often result in back injuries; if someone else is at fault, you could be granted a settlement for your injuries as compensation. Since each case is different, finding out how much you should settle for can be a complex process. However, a personal injury lawyer in Minneapolis will be able to help — here are a few details they may consider when helping with your case.

The Kinds of Injuries You Can Claim

Our personal injury law firm in Minnesota can help you get monetary damages after a car accident or other kind of accident caused by someone else’s negligence. Our team has considerable experience in representing victims of various kinds of accidents. Some of the most common damages that you can claim compensation for include:

  • Rehabilitation costs
  • Medical expenses
  • Lost income
  • Long-term care
  • Loss of future earnings
  • Pain and suffering
  • Permanent disability
  • Loss of companionship

Working with a personal injury lawyer is the best way to get as much compensation as possible for the injuries you’ve sustained and to reach a successful settlement with the insurance company. A lawyer will be able to fight for your best interests while maximizing the damages that you can claim. Should the insurance company push back, a lawyer will be able to take your case to trial to ensure that you get the support you deserve.

Back Injury Statistics

According to The Miley Legal Group, the national settlement amount for neck and back injuries is $925,169 on average. The median amount, however, is $316,000, while the highest amount found on record is $71,000,000 for a car accident injury in New York. In Minnesota, the average settlement amount is $1,412,462, while the median amount for back injuries is $231,000. The big difference between these two figures is due to the biggest settlement amount in the state, which was $12,000,000.

Here are a few other statistics on back injury:

  • When it comes to slip and fall cases, there is a national average settlement amount of $700,687, with a median amount of $300,000.
  • Neck and back injuries that are the result of car accidents have a national average settlement amount of $834,686, while the median amount is $285,000.
  • The settlement for neck and back injuries caused by semi-truck accidents has an average of $1,527,215, and a median amount of $720,000.

Factors that Will Affect Your Claim

The compensation you can get from a back injury will take into consideration your damages, which include economic and non-economic losses. Below is a list of factors that will have an impact on the kind of financial recovery available to you.

Economic Damages

These are sometimes called “special” damages, which are quantifiable financial losses and can actually come out-of-pocket as a result of your injuries. The potential economic damages you can claim from your back injuries include:

  • Loss of income and a diminished capacity to earn
  • Present and future medical bills
  • Proof of your lost income

Non-Economic Damages

These are sometimes referred to as “general” damages which cover losses that aren’t financially related but are associated with the impact that your back injury carries. In other words, these are losses that aren’t always easily convertible to a dollar value, which include:

  • Emotional distress
  • Pain and suffering
  • Loss of companionship

Punitive Damages

In rare cases, punitive damages could be awarded to someone suffering from a back injury. However, the lawyer must prove that the defendant’s conduct was so egregious or serious that the payment for additional damages can be justified as punishment for their behavior. Even then, punitive damages can only be awarded if the case goes through a full civil trial where a jury decides that it is appropriate to pay for punitive damages.

Other Factors that Will Affect Your Claim

Of course, the severity of the injuries that a victim suffers is a huge factor in determining the value of their claim, there are also other factors to consider when deciding the amount of compensation to be awarded.

Failure to Mitigate Damages

After going through an accident, you will still need to take steps to minimize your damages. For example, if you suffered a back sprain where your doctor prescribed a brace that you need to wear for 12 hours a day, you are expected to do so. But if you decide not to wear your brace at all (and the defendant is able to prove that you never purchased one in the first place), your injuries can become worse.

As such, the defendant can argue that you didn’t take the necessary steps to mitigate your damages. You could have taken reasonable steps to ensure that your injuries stay at a minimum but because you didn’t, the defendant could be saved from a portion of the damages that should’ve been awarded to you.

Comparative or Contributory Negligence

In a majority of states, including Minnesota, a rule called “comparative negligence” is applicable. This means that a person who is 50% or more at fault for the injuries they suffered won’t be able to recover any damages from the incident. However, if they are determined to be less than 50% at fault, then the damages paid will be deducted based on the percentage of their fault.

For instance, if they were determined to be 20% at fault, they will only get $8,000 from an award of $10,000 in damages. If you’re considering making a back injury claim after being involved in an accident, the best step for you to take is to get an attorney; this will allow you to see what options you have while getting professional help from a qualified personal injury lawyer in Minneapolis.

Call Osterbauer for Your Back Injury Compensation Today

If you’re suffering from back injuries as a result of someone else’s negligence, you deserve to be compensated fairly and generously. Our attorneys have years of experience in fighting for the compensation that our clients deserve and will work with your medical professionals to show how your accident has impacted your daily life. For a knowledgeable and experienced personal injury law firm in Minnesota, call Osterbauer today at (612) 334-3434 or visit our website for more details.


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