The Average Settlement for a Back Injury

The average settlement figure for back injuries will vary GREATLY depending upon the type of injury caused. According to one study, 16% of the verdicts in spinal disc injury lawsuits exceed $1 million and 7% exceed $2.5 million. As a result, such spinal injuries are typically associated with very high settlement figures, and such cases may settle for millions of dollars. Less severe spinal cord injuries are more common, and constitute the majority of spinal cord injury cases.

Back injuries caused by negligence can be very serious, and legal action against the party responsible for the harm will often lead to a settlement. In general, settlement figures are based upon the parties’ agreement on the “value” of the case; in other words, what the plaintiff would win if the case went to trial. The average settlement for a back injury depends upon the type of back injury sustained, as well as a number of other factors that a litigant should consider before negotiating for a settlement.

As with any personal injury case, the value of a settlement in a personal injury lawsuit involving a back injury depends upon the strength of the plaintiff’s case. In evaluating the case, it is important to determine the extent of the harm to the plaintiff. MRI and CT scans are helpful in this regard. It is also important to determine whether the plaintiff had a pre-existing back injury at the time of the accident. Given that a defendant will not be liable for the harm he did not cause, a settlement figure will likely be discounted by any pre-existing injury.

Less severe back injuries such as herniated disc injuries also yield large settlements. Such injuries are difficult to diagnose because the injury itself cannot be identified via x-ray. A CT scan or MRI, as well as a discography, myelography, or electromyography, can be used to diagnose such injuries. Furthermore, herniated disc injuries should be distinguished from ruptured or bulging disc cases, which yield lesser settlement figures.

Another important factor to consider when evaluating the average settlement for a back injury case deals with the physical symptoms resulting from the injury itself, and the degree to which the injury impacts the plaintiff’s life. Clearly, on one end of the spectrum, wrongful death cases have the greatest impact on a person’s life, and as a result, tend to command the highest average settlement figures. Severe spinal injuries also have a tremendous impact on a person’s life, and such lawsuits can command very high settlement figures. Even lesser herniated disc injury cases, which often involve severe chronic “radicular” pain to the nerve root, leg pain if the herniation is in the lumbar or back, or arm pain in the case of a cervical (neck) herniated disc, can settle at very high values.

In short, depending upon a number of factors, including the type of injury, the severity of the pain, and the extent of the impact on the plaintiff’s life, a back injury settlement can range from tens of thousands to millions of dollars. To learn more about the potential settlement value of a case, one should consult an experienced and qualified Portland personal injury attorney that can adequately evaluate and guide a back injury case toward settlement.

Past Oregon Back Injury Cases We’ve Handled:

Back Injury Case Example #1: Bicyclist Hit in Crosswalk Accident

Back Injury Case Example #2: Back Surgery, Herniated Disk