Collisions can cause many types of damage, but back injury car accident cases are especially common. If you’ve experienced any of the common back injuries in a car accident noted below, you could be entitled to compensation. Here’s what you need to know.

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Types of Accidents that Cause Back Injuries

Almost any type of car accident can cause back injuries — even minor collisions. However, back and neck injuries are especially common in rear-end accidents due to the way your body jostles after being hit. Unfortunately, even fender benders can damage your back if you come to a studden stop and your back absorbs the impact.

Motorcycle accidents are also very likely to result in back injuries because the body generally bends at the midsection upon impact since there is no seat belt to hold riders in place.

Different types of accidents can also cause different kinds of bank injuries including:

  • Front impact accidents. Torn discs or herniated discs in the neck often occur as a result of this type of collision because the head and neck are generally thrown forward.
  • Side impact accidents. Severe back injuries of all types can occur with these accidents as the seat belt holds the lower portion of the body in place while the torso, neck, and head twist to the side.
  • Rear-end accidents. Whiplash, damage to the cervical vertebrae, ligament damage and spinal cord damage commonly occurs with these types of collisions as you experience pressure from the rear and the torso slides up until pushed back by the lap restraint.

Unfortunately, any or all of these accidents can cause a serious back injury. Car accident victims must be aware of this risk.


Factors Affecting Severity of Back Injuries

Although back injuries can happen any time, there are some risk factors that make it more likely collision victims will suffer serious injuries such as spinal damage. These include:

  • The speed of a crash. High-speed accidents produce more force and are more likely to cause severe injury.
  • The direction of the crash. As mentioned above, front, rear, and side impact accidents cause different kinds of damage to occur.
  • Whether the vehicle rolls over. You are subject to more pressure and force in a rollover crash. As a result, there is an increased chance of an impact injury or penetrating injury to the head or neck since your head is more likely to strike, or be struck by, objects within the car.
  • Whether you were wearing a seat belt. Seat belts reduce the chances of severe injury by helping you remain in place when a crash happens

Types of Back Injuries From Car Accidents

Some of the most common back injuries from car accidents include the following.

Thoracic Spine Injury

The thoracic spine is connected to your chest and ribs and falls in your mid-back near where your lungs are. Sprains and fractures are very common in this area after a car accident. Fractures in this area can cause moderate to severe back pain. If your thoracic nerves or spinal cord are impacted, you could experience numbness, limb weakness, and tingling.

Lumbar Spine Injury

The lumbar spine is your lower back and includes your five largest vertebrae. Fractures, strains, and sprains can result in severe back pain or pressure, numbness in the limbs, weakness, paralysis, walking and balancing problems, and loss of bladder or bowel control.

Facet Joint Injury

Facet joints lay along your entire spine. There are two facet joints between each vertebrae and they are responsible for supporting weight between vertebrae and helping to control movement. These joints can be fractured or become inflamed in an accident. They could also become dislocated or cartilage between the spines could tear.

Fractures

Vertebrae of the spine can be fractured like any other bone. Some fractures are mild and others very serious. Fractures of the vertebrae can include:

  • Burst fractures, which involves a vertebrae fracturing in multiple locations. The resulting bony fragments can damage the spinal cord, causing paralysis or death
  • Flexion fractures. The vertebrae are torn apart with this type of fracture, often due to the top portion of the body being thrown forward while the lower portion remains stationary
  • Compression fractures. The front of the vertebrae collapses due to the force of the accident.

In some cases, fractures can heal, but more severe fractures including burst fractures can cause permanent damage.

Herniated Discs

Discs sit between vertebrae, cushioning them and providing protection for the spine. If a disc is moved out of position due to the force of the collision, the herniated disc can cause nerve pain and numbness.

Spondylolisthesis

When one of your vertebrae slips into another below it, this is called Spondylolisthesis. The condition causes lower back pain and surgery may be required, especially in severe cases.

Spinal Cord Injury

A damaged or severed spinal cord can cause temporary or permanent paralysis. Depending on the affected vertebrae, you could be paralyzed from the neck down or from the waist down. You could experience a loss of movement, a loss of sensation, or both.

Secondary Medical Concerns from Back Injuries

Secondary medical conditions are common after a spinal cord injury. According to the Heersink School of Medicine, these conditions can include:

  • Autonomic Dysreflexia
  • Bladder & Kidneys
  • Bowel
  • Cardiovascular Disease
  • Deep Vein Thrombosis
  • Depression
  • Heterotopic Ossification
  • Hypotension
  • Influenza & Pneumonia
  • Obesity
  • Osteoporosis
  • Pain
  • Pressure Ulcers & Skin Care
  • Pulmonary Embolism
  • Sexual Dysfunction
  • Sleep Apnea
  • Spasticity
  • Substance Abuse
  • Tethered Spinal Cord & Syringomyelia (Syrinx)
  • Type 2 Diabetes
  • Urinary Tract Infection

Prompt and proper treatment can minimize these secondary medical concerns and reduce the likelihood of additional problems developing.


Symptoms of a Back Injury From a Car Accident

The symptoms of car accident back injuries can vary depending on the nature of the injuries. Some of the most common symptoms include:

  • Back pain
  • Pain that radiates down the lower half of the body
  • Numbness or tingling
  • Stiffness
  • Muscle spasms
  • Loss of bladder or bowel control
  • Limb weakness
  • Paralysis

Delayed Back Pain After an Accident

Sometimes, car accident back pain injury victims will experience symptoms right away following a crash. In other cases, however, pain may not become immediately apparent but can develop over time. This is especially common when soft tissue injuries occur.

Because of the possibility of delayed back pain, it is important to get prompt medical treatment after a collision. A doctor can document all injuries, and these medical records can become important evidence in an injury claim.

You should also wait to accept a settlement in a car accident claim until you are certain you know the full extent of your back injuries and the resulting losses they will cause.

How Long Can Back Pain Last After an Accident?

Most back pain that results from soft tissue damage incurred during a car accident will subside within one to two months. If your back pain is from a more significant injury, however, the pain can last longer. Some injuries from a car accident can lead to pain that persists for years or even indefinitely.


Compensation for a Back Injury in a Car Accident

According to the Lawsuit Information Center, the median settlement for all cases involving back injuries was $212,500. However, there is substantial variation in the compensation that victims receive in back injury claims as there is a wide range in the severity of back injury cases.

Types of Damages from Back Injuries

The amount of compensation that back injury car accident victims receive is determined based on their unique case. Specifically, victims should be compensated for actual losses caused by the collision.

If you are hurt in a crash, your compensation should include:

  • Payment for medical bills resulting from the accident. This includes current and future bills
  • Compensation for current and future lost wages if the back injury impacts your ability to work
  • Compensation for pain and suffering as well as for emotional distress

It can be difficult to estimate ongoing losses, but an experienced car accident attorney can help you to determine what your case is likely worth.

Factors Used to Determine Settlements

When you pursue a car accident back injury claim, compensation for medical bills and future lost wages can be determined by adding up the actual costs of these losses. However, estimating fair compensation for pain and suffering can be more difficult.

Some insurers use a formula to estimate pain and suffering compensation. There are two different methods of calculating these damages including:

  • Using a multiplier. The cost of economic losses (medical bills and lost wages) will be multiplied by a specific number. The multiplier is usually between 1.5 and 5 with 5 reserved for the most serious injuries.
  • A per diem approach. This involves providing compensation for the number of days that you endured pain from the accident. It can be difficult to determine the daily rate to pay, but many insurers use actual daily earnings.

If you are negotiating a settlement with the insurance company of the person who caused your back injuries, either of these approaches could potentially work.


Filing a Claim or Lawsuit for Your Back Injury

When you sustain a back injury in a car accident, you can recover compensation either by making a third-party claim with the at-fault driver’s insurer or by suing the person responsible for the accident.

If the other driver’s insurer accepts responsibility for the crash, they may offer you a settlement. If you accept their offer of payment, you will have to give up any future rights to make a claim arising from the accident. If you cannot agree on a settlement, you can file a car accident lawsuit in court. If you prove your claim, you will be awarded damages.

Statute of Limitations

You will have a limited period of time to pursue a back injury car accident claim. The specific time limit is determined by your state’s statute of limitations for personal injury claims. In most states, this ranges between two years and four years.


Do You Need a Lawyer for Your Car Accident Back Injury?

Back injuries can affect your life and cost you dearly in terms of actual losses as well as the pain and suffering you endure. You deserve to be fully compensated if your back injury was caused by another negligent driver. A car accident attorney can help you to understand your rights and pursue a claim to get the maximum settlement or damage award available in your case.

 


Frequently Asked Question (FAQs)

How long does it take to recover from a car accident back injury?

The length of time it takes to recover from a back injury depends on the nature of the damage. In some cases, if you sustain spinal cord damage, the consequences of the injury will be with you for life and you may never fully recover. For other more minor injuries, it could take weeks, months, or years but eventual recovery may be possible.

What impacts the value of a car accident back injury?

The value of a car accident back injury is affected by many factors including actual medical bills incurred; future medical bills you will have to pay; current and future lost wages if your ability to work is affected; and the pain and suffering you endure. An experienced car accident back injury lawyer can help you estimate the value of your claim.

What is the most common spinal injury in a car accident?

One of the most common injuries sustained during a car crash is whiplash. Though some consider this primarily a neck injury, it can also affect the entire spine.

How much is the average settlement for a back injury?

Settlements are often confidential. Often, one of the terms of the settlement offer is that neither party can reveal the amount offered. Because of this, it can be difficult to find out how much an average settlement is.

Still, there is some information collected and studied by attorneys, insurance companies and government entities. The figures different groups come up with varies widely, just as settlements and the severity of back injuries varies. Most sources seem to set the low end of the average settlement for an accident involving a back injury between $10,000 and $100,000.

Some sources estimate the average to be around $200,000 while others suggest averages of between $500,000 and $1 million.

Can a minor accident cause back pain?

Even a minor accident can cause serious back pain. While you may be more likely to suffer serious injury and severe pain from a more serious accident, there’s not necessarily a direct relationship between your pain and the seriousness of the crash.

Can you sue for back pain after car accident?

If you (or your attorney) can show that your back pain is a result of the car accident, you can sue for your back pain.