What is the value of a back injury settlements from a car accident? That is an impossible question to answer without asking more questions from you. There are so many different questions that have to be answered fully understand the value of your case or how much the settlement is worth. Being the sport I am here at the personal injury law firm of Joseph P. McClelland, LLC, I will start.
For instance, did you seek medical attention right after the accident? Did you follow up with your primary care doctor after the emergency room? Or did you follow-up with a specialist or follow the recommendations of the emergency room’s physician? Were there x-rays or CT scans performed?
What was the diagnosis? Did you start feeling better after a couple days? The start feeling better after couple weeks? Was it months? Are you still injured? Do you see how important these questions can be an personal injury case?
Value of Back Injury Settlements
Now every case has a different value. Some cases are small and some cases a big. And it is an art not a science settling personal injury cases that involves a back injury.
How old are you? Was there a child involved? Was there an elderly or an older person involved? Was there any type of contributed negligence by you? What I mean is that were you speeding or doing something that a jury would find that you in some way or and somehow participated or caused the accident? Was it possible or you for you to completely avoid the accident?
Extent of Injury Changes Settlement
Now, let’s get back to the extent of the injury. Now I’m assuming that you received medical attention. And doctors are not for free. Therefore, I’m assuming that you’ve undergone a series of medical treatments and have corresponding bills. Now, those bills have to be paid.
Now it is our job to get the other driver’s insurance company to pay those bills ultimately with a settlement or by taking the insurance company to court in order to obtain a verdict to pay those bills. Now, you’re still asking how much is my back injury case worth in Georgia.
I can only respond to questions about back injury settlements by initially asking more questions. One of the biggest questions would be are you well. And what I mean by that is are you going to require future medical bills. That is very important consideration in any back injury settlement negotiations. For example, if you’re going to require back surgery, then we must factor that in to the negotiations.
In most type of cases that require surgery, I find it is best to wait until we all have a clear understanding that you’re going to be completely well when the surgery is over. Otherwise, we may undervalue your case. Many times one surgery will not be enough. In addition to the surgery, you most likely will have to endure physical therapy for several months.
And even after that is over, you still may need additional surgeries are various types of adjustments. In any and all of the above scenarios, you’re going to require additional money to pay those bills. In addition to the bills, you have continued to sustain additional pain and suffering. Pain and suffering is a vital component of any personal injury settlement in Georgia.
Permanent Back Injury Settlements
Another thing to consider, is whether you will ever fully heal. Many times after an accident, you will be left disabled. Depending on the severity of injury will determine your disability rating. Knowing this information is vital to settling any back injury case.
Now we’re talking about back injury settlements, many times there is a dispute to the value of the actual case between us and the insurance company. It’s important to understand the insurance companies locate cases in more of an aggregate than on a case-by-case basis.
Now, let me completely contradict myself by saying that they will delve deep into every medical record and Bill we send them attempting to settle the case. What I mean by the insurance company settling cases in the aggregate is that there is a range of value to any case once the specific injuries and medical treatments and personality traits are analyzed.
Now based upon the range the insurance company will offer a back injury settlement, and obviously on the lower end of that range. Now, each individual case is different however, they will on occasions risk of high verdict at trial because they know that they will statistically receive a low verdict for a similar case at a different trial. They play the odds. But that is their business model, because every day they can hold your money is the day there earning interest on your money.
Without knowing all the information to the above questions, it would be a complete disservice to you to guess what the average back settlement would be for someone in your particular situation. Now there are journals and reports done annually that indicate median ranges of back injury cases in Georgia.
I would encourage you to visit the sources on the Internet. However, although your case may fall within a statistical range, you are not a statistic.
I hope you found this legal article on back injury settlements helpful. Most likely it has narrowed your focus on what insurance companies used to determine the value of your case, but at the same time left you with many more questions. Many of the answers to those questions can only come after you have received appropriate and complete medical treatment.
Now, as with anything in negotiations you can always make them go quickly by negotiating out of desperation. This is how to receive a poor back injury settlement. It is a sad and difficult situation that you may be missing work and your family may be without a source of income, so what do you do besides be with a hurt back?
One thing you might do is to look to your own insurance policy to see if you have medical payment insurance. This will provide you with immediate money to pay the doctors you need to see you. As for missing work, that is something that you can be compensated for but that is only when the case is eventually settled.
I know that seems unfair, and it really is. If you’re reading this article before you been an accident, then I encourage you to look for disability insurance separate from your automobile coverage.
I’ll leave you with one other additional consideration for back injury settlements. And that is the amount of insurance that may be available in your case. Many people in Georgia are flat broke, and with the economy as it is, we may find more and more people taking the risk of not having car insurance. And when that person that you, you are going to have a situation to deal with.
You can sue the individual. But it is like getting blood from a turnip. The best thing to do in this situation is that hope that you have purchased underinsured motorist coverage. This is an insurance policy that protects you and provides insurance coverage if the other driver is uninsured.
Now, there is an additional type of uninsured motorist coverage that is called UE that helps with damages in a personal injury claim and personal injury settlements. This is uninsured motorist coverage in excess of the other drivers insurance. I don’t want to complicate this conversation, but if the other driver has $25,000 in insurance coverage and we could all agree that the value of your case was $50,000, what would your back injury settlement as the plaintiff will be if you had uninsured motorist coverage in the amount $25,000?
The answer depends if you had standard uninsured motorist coverage or access uninsured motorist coverage, so be sure to talk with your attorneys or lawyers. With standard uninsured motorist coverage you will only receive $0.00 from your insurance policy.
If you have uninsured motorist coverage that is in excess of the other drivers insurance, then you would be able to received an additional $25,000 on top of the other drivers $25,000 in insurance coverage. Can you see the importance of paying just a few extra dollars a month to get what could in turn be a healthy settlement.
I hope you have found this legal article about back injury settlements, verdicts, and issues about damages and compensation enjoyable. There is never a substitute to hiring or at least consulting with a personal injury attorney. Please call my office at 770-775-0938 for free consultation about your case.
Every personal injury case is different and should be treated as such. I represent clients across the state of Georgia and particularly in the cities of Atlanta, Roswell, Marietta, Decatur, Stockbridge, McDonough, Jackson, Griffin and Macon.
Please note that this legal article will be updated soon. I am undergoing my own statistical analysis on the subject of back injury settlements in Georgia. I bet you just can’t wait. Continue to read more from our blog about additional back injury settlements in Georgia.