Injuries to the neck and back are very common in car accidents. Even low-speed auto accidents often cause back and neck sprains or whiplash. Anyone who has injured their back or neck in a car accident knows how disruptive and debilitating these injuries can be. Getting back to “normal” often requires hours of treatment, physical therapy, and sometimes even surgery.
When you are injured in a car accident caused by another driver’s negligence, you are legally entitled to financial compensation for your injuries. Before pursuing an auto accident lawsuit for back or neck injuries, it might be helpful to understand the average settlement for car accident back and neck injuries and how and why settlement amounts are calculated the way they are.
Common Neck and Back Injuries in Car Accidents
The neck and back are very vulnerable to injury in car accidents, even when the impact force is relatively low. Below are some of the more common injuries to the neck and back that can result from a car accident.
Back or Neck Sprain or Strain
Though neck and back strains and sprains may present similar symptoms, they differ in nature. A strain involves damage to the facet joint, tendons, or muscles—these are the tissues that connect bones to muscles or involve muscle injury itself. On the other hand, a sprain refers to torn ligaments, which are the soft tissues that connect bones to other bones. Both conditions can result in pain when moving the head or upper neck, reduced mobility, and muscle spasms.
Herniated, Slipped, and Bulging Disc Injuries
The intervertebral discs in your cervical spine are jelly-filled structures that absorb shock to protect your vertebrae. During a collision, these discs can slip, rupture, herniate, or bulge. When a disc slips, it may compress the spinal cord nerves.
A bulge or rupture occurs when the jelly-like substance inside the disc pushes outward, crowding the vertebrae and compressing nerves. These disc injuries can lead to pain in the neck or arms, as well as numbness, both from the injury itself and from the pinching or squeezing of nerves. Such injuries are common in side-impact crashes.
Cervical Spondylolisthesis
Cervical spondylolisthesis occurs when one or more of the vertebrae in the neck slip out of alignment or dislocate, often due to the force of an accident. This misalignment can compress nerves or the spinal cord, resulting in pain that may radiate to the back of the head or shoulders. The injury’s severity can range from mild to severe.
An accident can cause one or more of your cervical vertebrae to slip out of alignment or become dislocated. The severity of the resulting injury can vary from mild to severe. When a vertebra slips, it may compress nerves or the spinal cord, leading to pain that can radiate to the back of your head or shoulders.
Pinched Nerve
Many back and neck injuries can result in a pinched nerve. Damaged tissues, bones, discs, or tendons shift out of place and rub against or compress surrounding nerves causing severe pain and/or tingling and numbness. Pinched nerves are often associated with a muscle strain, sprain, or disc damage.
What is the Average Car Accident Settlement for a Back or Neck Injury?
The average settlement compensation payout for a neck or back injury in an auto accident case is $12,000 to $90,000. The wide value range reflects the varying types and severities of back injuries and neck injuries in auto accidents.
What Impacts the Value of Your Neck or Back Injury Settlement?
Although every case is somewhat unique, certain factors tend to drive the settlement value of neck and back injuries in all auto accident cases.
- Severity of Injury: The nature and severity of your neck or back injury are the factors that have the most impact on the potential settlement value of your accident case. More severe injuries have a higher settlement value because they involve more extensive medical treatment, more lost wages, and more pain & suffering.
- Level of Treatment: A significant component of any accident settlement is compensation for the cost of all medical treatment for injuries related to the accident. This includes medical expenses paid by health insurance. Even for mid-level injuries, medical care and treatment costs can be very high. The more medical treatment a plaintiff requires the more compensation they will be entitled to in the accident case.
- Permanent Impairment: A neck or back injury resulting in permanent impairment will have a higher settlement value. A permanent impairment can include anything that leaves a lasting impact on your life. Proving permanency in a back or neck injury case can be tricky.
Frequently Asked Questions About Car Accident Neck and Back Injury Settlements
How much is the average settlement for a car accident back and neck injury?
The average settlement for a car accident back and neck injury can range anywhere from $12,000 to $90,000. Yes, an average should simply be a single number. But settlement values vary so much based on the specifics of each case that a single number would not be useful. Factors like the severity of the injury, the length of medical treatment, lost wages, and even the insurance company involved can swing the payout significantly. A minor strain with a few chiropractor visits might settle for the lower end, while a herniated disc requiring surgery could push the settlement well above six figures.
But the problem is that rule does not stay true to form. We had a one mph tap in a bank line that got us a $125,000 verdict in a tough-for-plaintiffs jurisdiction and herniated disc injury cases where we were awarded less than that.
The take home message is a cliche: every case is unique. Factors like the at-fault driver’s insurance policy limits, jurisdiction, and the skill of your lawyer all play a role in maximizing settlement amounts for a car accident claim.
How much is a back injury settlement without surgery?
A back injury settlement without surgery depends largely on the extent of treatment and how much the injury impacts daily life. Cases involving chronic back pain or sciatica from a car accident that require physical therapy, chiropractic care, or steroid injections often settle for $20,000 to $100,000. If the back injury causes permanent disability but does not require surgery, settlements can be even higher. Sometimes you need to get into a trial to get a fair settlement. We got a $220,000 settlement in the middle of trial where the pre-trial offer was $20,000 because the defendant had back pain but little treatment (and no surgery). When the defendants see how it is playing out in front a jury, they quickly change their mind on the appropriate settlement amount.
What factors determine the value of my neck and back injury settlement?
Several key factors influence neck and back injury settlement amounts, including:
- Severity of Injury – More serious injuries, such as fractured vertebrae or spinal cord damage, result in higher settlements.
- Medical Treatment – If you only had chiropractic care and physical therapy, your claim is worth less than if you required epidural injections, nerve ablation, or surgery.
- Pain and Suffering – The longer you experience pain and limitations, the more compensation you may receive.
- Lost Wages and Future Earnings – If your injury impacts your ability to work, it increases your financial recovery.
- Venue (Jurisdiction) – Some courts award higher average settlements for car accident back and neck injuries than others.
For example, a back and neck injury settlement in California or Texas may be valued differently than one in Ohio or New Jersey, even with the same injuries.
How does insurance affect my settlement?
Think of it this way: We once had a devastating wrongful death claim that ended in a $15,000 settlement. Why? Not because the case lacked merit, but because there simply was not enough insurance coverage to go after.
Insurance coverage is often the biggest determining factor in how much you can actually recover for a neck or back injury in a car accident. Many drivers carry only the bare minimum liability insurance, which may not come close to covering medical bills, lost wages, and long-term pain and suffering. But here is where the best car accident lawyers make a real difference—they know how to hunt for insurance where others might not think to look.
A skilled attorney will not just take the at-fault driver’s insurance policy at face value. They will dig deeper. That means checking for additional policies, such as umbrella coverage, corporate policies if the driver was on the job, or even liability coverage tied to a rental or rideshare company. There could be multiple layers of coverage that significantly increase the available compensation.
Another key factor is your own insurance. Many people overlook their own uninsured/underinsured motorist (UM/UIM) coverage, which can provide a substantial payout if the at-fault driver is uninsured or does not have enough coverage. A good lawyer will carefully examine your own policy to see if there are hidden sources of compensation that can be leveraged in your case.
The bottom line? If you do not have an attorney who understands how to track down insurance coverage, you could be walking away from money that should be yours. The best lawyers know where to look, how to demand policy disclosures, and how to force insurance companies to pay what they owe. Without this aggressive approach, even the strongest injury case can end in a disappointing settlement simply because the right insurance coverage was never uncovered.
Can I get a settlement for a back or neck injury without surgery?
Of course. Many neck and back injury settlements without surgery result in compensation. Even if you only underwent physical therapy, chiropractic treatment, or pain management injections, you may still be entitled to compensation for medical expenses, lost wages, and pain and suffering.
But there is no question that insurance companies often undervalue soft tissue injuries and you often have to fight longer and harder to get a reasonable settlement payout.
How do I maximize my settlement for a back or neck injury?
If you want the highest possible settlement for a car accident back or neck injury, you need to:
- Get Immediate Medical Attention – Documented injuries carry more weight.
- Follow Treatment Plans – Sticking to doctor-recommended therapy strengthens your claim.
- Hire an Experienced Lawyer – The quality of your lawyer makes a huge difference. You need a car accident lawyer with a history of success with insurance companies at the settlement table and a trial.
- Document Everything – Keep records of medical bills, lost wages, and pain symptoms.
- Avoid Quick Settlement Offers – Insurance companies lowball victims, hoping they will settle for less.
Maximizing your compensation requires strategic negotiation and a willingness to go to trial if necessary.
What is the role of venue in my settlement?
Where your case would go to trial matters because different courts—and the jurors that make up those courts—have distinct tendencies when it comes to awarding damages. Some jurisdictions are known for being more plaintiff-friendly, meaning jurors there tend to award higher verdicts and be more sympathetic to injury victims. Others lean more conservative, favoring businesses and insurance companies, which often results in lower verdicts or even defense wins.
Plaintiff-friendly areas tend to be urban jurisdictions, particularly in large cities where jurors may have more exposure to corporate misconduct, medical negligence, or insurance bad faith. Places like Philadelphia, Cook County (Chicago), and certain parts of California, Texas, and Florida have a reputation for delivering large verdicts. These are often referred to as “judicial hellholes” by corporate interests and insurance companies because jurors there have the audacity to be fair to victims.
On the other hand, more rural or conservative areas tend to be more challenging for plaintiffs. Jurors in these regions may be more skeptical of personal injury claims, have a stronger belief in personal responsibility, or be less willing to award large sums of money. Defense lawyers will fight to have cases heard in these jurisdictions whenever possible, knowing they have a better chance of minimizing damages or even getting a defense verdict.
This is why venue selection can be one of the most important strategic decisions in a case. A good plaintiffs’ lawyer will always consider where to file suit, whether the case can be brought in a more favorable jurisdiction, and whether there are any legal grounds to prevent the defense from moving the case to a less favorable venue.
What should I do if the insurance company offers me a low settlement?
Do not accept it. Insurance companies intentionally undervalue neck and back injury claims, offering quick settlements far below what you deserve. If the adjuster tells you that your pain is “just soft tissue” or that you “do not need a lawyer,” that is a sign that they are trying to pay you as little as possible.
Insurance companies take cases more seriously when you have an attorney. If you receive a low settlement offer, contact a car accident lawyer immediately to negotiate for fair compensation.
How do I file a claim for a neck or back injury after a car accident?
If you have suffered a neck or back injury in a car accident, the first step is to consult with an experienced personal injury lawyer. Your attorney will:
- Investigate the accident and gather evidence.
- Work with medical experts to assess your injuries.
- Calculate the full value of your damages, including medical costs and lost wages.
- Negotiate with insurance companies for a fair settlement.
- File a lawsuit if necessary to fight for the compensation you deserve.
Call us today at 800-553-8082 or fill out our online consultation to discuss your case. We offer free case evaluations and work on a contingency basis, meaning you pay nothing unless we win your case.
Back and Neck Injury Settlements and Verdicts
Below are summaries of recent verdicts and reported settlements from auto accident cases involving back and/or neck injuries. These include neck and back injury settlements, cervical spine injury settlement amounts, and cases involving sciatica.
Verdict/Settlement | Location & Date | Case Details & Analysis |
---|---|---|
$1,500,000 Settlement | Middletown, Connecticut 2025 |
The plaintiff, a 57-year-old woman, was struck by a city-owned vehicle driven by a building department employee while legally proceeding through an intersection. She sustained severe spinal injuries requiring fusion surgery and chronic nerve pain radiating to her arms.
Medical expenses exceeded $220,000, with additional claims for lost wages and permanent disability. The case initially went to trial, where a jury awarded $1.4 million, prompting the city to settle at $1.5 million. The severity of the injuries and the long-term impact contributed to the high settlement value. |
$92,775 Verdict | Connecticut 2024 |
The plaintiff, a 44-year-old woman, was stopped at a red light when she was rear-ended. She suffered herniated cervical discs, post-traumatic headaches, and cervical and thoracic strains.
The defense disputed the severity of her injuries and challenged her medical history, arguing she had pre-existing degenerative disc disease. The jury awarded a moderate sum, likely due to uncertainty about causation. |
$250,000 Verdict | Alabama 2024 |
The plaintiff, a 34-year-old woman, was rear-ended by a driver following too closely. She suffered soft-tissue neck and back injuries, requiring over $80,000 in medical treatment.
Despite being a soft-tissue case, the jury likely responded to the plaintiff’s extensive medical treatment, including steroid injections and months of therapy. You need a believable plaintiff to sell these injuries to the jury, regardless of what the treatment is. |
$143,485 Verdict | Ohio 2024 |
The plaintiff, a 40-year-old manager, was rear-ended at a red light, suffering a labral tear, sacroiliac joint dysfunction, and lumbar strain with sciatica.
Despite extensive treatment, the jury only awarded a small amount for pain and suffering, possibly due to doubts about long-term disability. |
$562,797 Verdict | Maryland 2020 |
The plaintiff suffered multiple disc herniations in the cervical and lumbar spine after being side-swiped by the defendant.
The defense’s attempt to downplay the severity of the plaintiff’s injuries did not resonate with jurors, leading to a significant award. |
$34,000 Verdict | Washington 2024 |
The plaintiff, a 60-year-old man on disability, was stopped at a red light when he was rear-ended. He suffered whiplash, along with a back and shoulder sprain.
The jury awarded $16,000 for medical expenses and $18,000 for pain and suffering. The modest verdict suggests that jurors were skeptical of long-term impact, possibly due to pre-existing conditions. |
$105,000 Verdict | Florida 2023 |
The plaintiff was driving through an intersection when his vehicle was struck by a northbound postal truck owned by the U.S. government. He claimed he suffered neck and back injuries. |
$25,000 Settlement | New Jersey 2022 |
A minor was walking on the side of the road when he was struck by the defendant’s vehicle, causing soft tissue injuries to his back and neck. |
$21,379 Verdict | Oregon 2022 |
The plaintiff suffered soft tissue injuries (sprains) in the upper, middle, and lower back after being rear-ended.
The award included $13,000 in medical expenses and only $6,000 for pain and suffering, indicating that the jury viewed this as a relatively minor injury case. |
$145,000 Verdict | Maryland 2021 |
A female plaintiff suffered neck and back sprains that led to cervical radiculopathy and sciatica after being struck by a hit-and-run driver.
The defendant was never identified, and the claim proceeded against the plaintiff’s uninsured motorist (UM) policy. The jury award reflects the seriousness of radiculopathy and ongoing symptoms, even though the injuries were classified as “soft tissue.” |
$562,797 Verdict | Maryland 2020 |
The plaintiff suffered multiple disc herniations in the cervical and lumbar spine after being side-swiped by the defendant. He also experienced permanent nerve damage. |
Lessons from These Settlements and Verdicts and Our Experience
Let’s try and draw some conclusions about back and neck injury settlements in car accident cases involving soft tissue injuries, epidural steroid injections, and surgical vs. non-surgical treatments.
First a caveat… these verdicts and settlements are not necessarily representative results. But they do provide valuable insights into how back and neck injury claims are evaluated. Let’s glean some information that you can use that our lawyers believe are valid based on these cases and our own experience—particularly in assessing how factors like steroid injections, surgery, and jurisdiction influence settlement amounts.
The data suggests that back injury settlements without surgery can vary widely, with payouts depending on medical expenses, severity of symptoms, and legal strategy. In contrast, cases involving epidural steroid injections or surgery tend to yield significantly higher compensation, particularly when plaintiffs can demonstrate ongoing pain, disability, or lost wages.
Here are some reasonable conclusions:
Settlements for Back and Neck Injuries Without Surgery Vary Widely
This should not come as a surprise. The cases suggest that a back injury settlement without surgery can range significantly depending on the severity of the injury, medical expenses, and jurisdiction. Some of this disparity is based on the quality of the victim’s lawyer. The best back injury lawyers get the best results. But it is more than that—there are a lot of variables that go into calculating settlement amounts as we discussed above.
Epidural Steroid Injections Increase Settlements
The cases leave what we think is the correct impression that when epidural steroid injections are part of the treatment plan, settlements and verdicts tend to be higher. In the Alabama case, steroid injections helped push the verdict to $250,000, and a Florida plaintiff who suffered neck and back injuries received $105,000 despite not having surgery. Are they typical outcomes? No. But adding epidural injections increases settlement value, though the exact increase can vary.
Cases Involving Surgery See Higher Settlements
A back injury settlement without surgery will be less than one with surgery, all things being equal. So while non-surgical back and neck injury settlements can be substantial, cases that involve back surgery settlements tend to result in much larger payouts. For example, the Maryland case involving disc herniations that resulted in a $562,797 verdict would be unlikely to have gotten the same outcome with surgery. When you look at verdicts and settlement to see how much a back surgery settlement is worth, you will see many payouts exceeding six figures in most instances, particularly when spinal fusion or laminectomy procedures are involved.
Pain and Suffering Damages Vary Based on Injury Severity
Some cases indicate relatively low awards for pain and suffering, notably when plaintiffs only received soft-tissue diagnoses without objective imaging evidence (e.g., MRI-confirmed herniations). For instance, a 40-year-old Ohio plaintiff with a labral tear and sciatica received $143,485, yet pain and suffering damages were minimal. In contrast, cases involving prolonged treatment, steroid injections, or surgery generally command larger non-economic damages.
Location Matters—Some Jurisdictions See Higher Settlements
Verdicts and settlements vary significantly by state and jurisdictions within that state. For example, in Maryland, Florida, Georgia, Texas, just to name a few, the county you are in doubles your settlement (or cuts your settlment in half, as the case may be:
Takeaways for Plaintiffs
- If you have received steroid injections (especially three or more epidurals), you can expect a higher settlement than those who only underwent physical therapy.
- The presence of objective injuries (herniated discs, fractures, etc.) on MRI or CT scans typically raises settlement payout, especially when surgery is involved.
- Location impacts settlement value—some states see higher pain and suffering damages than others.
- The more aggressive the treatment (e.g., surgery), the higher the potential compensation, but non-surgical cases can still result in six-figure payouts if treatment is extensive and medical bills are high.
How to Get a Settlement for a Neck or Back Injury
The at-fault driver’s insurance company might step forward after the accident and make an initial settlement offer. These initial offers are always very low and will give you much less compensation than you are legally entitled to. Don’t be tempted to accept this initial lowball offer, especially without consulting a neck and back injury lawyer first.
Victims who suffer back or neck injuries in a car accident are entitled to compensation for a whole range of things that will be excluded from any initial lowball settlement offer the insurance company makes right after the accident. Certain insurance companies, such as GEICO, are notorious for making meager initial settlement offers.
Types of Damages Available in a Neck or Back Injury Settlement
When someone is injured in a car accident and the other driver is at fault, the injured person is legally entitled to get financial compensation for certain categories or types of damages caused by the accident. The categories of damages that can be included in a settlement for a neck or back injury include:
- Past Medical Expenses: This includes the cost of all medical treatments directly related to the neck and back injuries caused by the accident (medicine, physical therapy, doctor visits, etc.). These costs are included even when covered by insurance in most states. There is no question that neck and back injury cases with surgery result in higher average settlement amounts than the same exact injury without surgery. A part of this is the additional medical expenses, but surgery is also a reflection of severity and pain and suffering.
- Future Medical Expenses: The estimated cost of medical treatment necessary in the future can be part of the settlement.
- Lost Income: If your back or neck injury forces you to miss work or leaves you unable to return to work for a long time, you are entitled to compensation for lost wages and income.
- Pain & Suffering: The plaintiffs are entitled to financial compensation for mental pain and suffering caused by physical injuries. This is almost invariably the largest component of the settlement payout in a neck or back injury claim.
The auto accident lawyers at our law firm can help make sure that you get all of these categories of damages included in your neck or back injury settlement. That often requires submitting extensive medical records, expert witness opinions, and negotiation with the insurance company. However, having an effective injury lawyer can make all the difference because most insurance companies won’t make a fair offer until you file a lawsuit.
Types of Neck and Back Injuries and Their Settlement Value
Several different types of back or neck injuries can occur in a car accident. These injuries differ in severity and tend to have different settlement values in accident cases. Below is a summary of the most common neck and back injuries and their average settlement value.
Spinal Cord Injuries
Injuries to the spinal cord come in a variety of types and degrees. The most severe spinal cord injuries can cause paralysis. Even moderate spinal cord injuries can cause sensory issues, muscle strength, mobility, and movement loss.
Spinal cord injuries are at the higher end of the settlement value range for neck and back injuries simply because of their potential severity. That being said, the value range for spinal cord injuries is vast simply because of the various degrees of severity. The typical settlement value range for spinal cord injuries in auto accident cases is $60,000 to $500,000.
Neck Spain (Whiplash)
A cervical neck sprain is one of the most common types of injuries in auto accidents. Neck sprain injuries in auto accidents are commonly referred to as whiplash.
How much is a whiplash injury worth? Whiplash is at the lowest end of the settlement value scale for neck and back injuries. This is because these injuries are usually less severe. The average settlement compensation for a neck sprain or whiplash injury in an auto accident case is $6,000 to $22,000. But there are neck pain car accident settlements that are in the millions… You really cannot get too wedded to the average settlement statistics, because there are some of these injuries that are permanent and life-changing.
Fractured Vertebrae
Fracturing a vertebrae bone in the spine can be a severe back injury. Treatment required for this injury can range from a brace and physical therapy to spinal surgery. The therapy and rehab for fractured vertebrae can last for months, pushing the medical expense damages up. Fractured vertebrae injuries have an average settlement value of $50,000 to $300,000.
Herniated Disc
A herniated disc injury can occur in the back of the neck (cervical spine), and it is a very common injury in auto accident cases. Herniated discs can be extremely painful and very difficult to treat in some cases. Treatment can include pain meds, steroid injections, or therapy. The settlement value of herniated disc injuries will often depend on the extent of the plaintiff’s treatment. Disc injury settlements with surgery will have higher settlements on average than those that do not.
The settlement value for a typical herniated disc injury in an auto accident case is $70,000 to $100,000. For some of the more serious herniated disc injuries, however, settlement values can be $250,000 to $375,000. To get that amount of compensation, however, you will need a defendant with a lot of insurance.
Work With an Accident Lawyer to Get a Settlement for Neck and Back Injuries
Back and neck injuries are often viewed with a heavy dose of skepticism by insurance companies, but the debilitating impact they can have on your life is very real. Any injury to the neck or back can significantly affect your ability to move normally and without pain. Simple things like playing sports, walking, or even preparing food can be challenging. If your life is disrupted to this extent because another driver was negligent, you absolutely deserve compensation.
Our firm’s back and neck injury lawyers can help you get the maximum financial compensation available for your injuries. Getting a fair settlement from an insurance company for a neck or back injury can be difficult without a lawyer. Insurance adjusters are notoriously dismissive of back and neck injury cases. Without a lawyer and the threat of litigation against their insured driver, you won’t get anything close to full and fair compensation.
Hire a Lawyer to Fight for You
At our law firm, we have handled hundreds of personal injury car accident cases. If you or a loved one were injured in a car, truck, or motorcycle accident, we can help you receive financial compensation. Get a free consultation with our experienced accident injury lawyers by calling 800-553-8082 or filling out this brief online form.