How Much Can You Sue for a Back Injury After a Car Accident?
Back injuries are one of the most common consequences of car accidents, ranging from soft tissue strains to herniated discs requiring surgery. Determining how much you can sue for depends on the type of injury, the treatment needed, insurance coverage, and liability.
Types of Back Injuries in Car Accidents
1. Soft Tissue Injuries
Soft tissue injuries include muscle strains, ligament sprains, and spasms. These injuries often do not show up on MRIs or X-rays but can still be painful and limit daily activities. While these claims have value, settlements for soft tissue injuries are generally lower than for structural injuries like herniated discs or fractures.
2. Herniated Discs
A herniated disc occurs when the soft, gel-like center of a spinal disc pushes through its outer layer and presses on nearby nerves. Imagine the disc like a jelly donut—when the “jelly” pushes out, it irritates surrounding nerves, causing radiating pain.
Herniations in the neck (cervical spine) can cause pain, numbness, or weakness radiating down the arms.
Herniations in the lower back (lumbar spine) often cause pain or numbness radiating into the legs.
Many people have preexisting bulging or herniated discs due to age or degeneration. A car accident can either cause a new herniation or aggravate a preexisting condition, and you are still entitled to compensation if the accident made the injury worse.
Factors That Affect the Value of a Back Injury Case
1. Type and Level of Medical Treatment
The value of a back injury claim depends largely on the treatment required:
Conservative care (chiropractic adjustments, physical therapy) typically results in a lower settlement.
Intermediate care (pain management, steroid injections) usually increases case value.
Surgery—especially for herniations larger than 4mm—can significantly increase the potential settlement, particularly if the surgery is recommended and performed.
2. Insurance Coverage
The at-fault driver’s insurance limits often dictate how much you can recover. For example:
Minimum coverage (e.g., $30,000 in Texas) may not fully cover surgery or extensive treatment.
Higher coverage ($500,000 or more) allows for greater compensation, potentially covering medical bills, lost wages, and long-term pain and suffering.
3. Fault and Liability
If you are partially at fault, your settlement may be reduced. Clear evidence showing the other driver’s responsibility can maximize recovery.
Why You Need an Experienced Attorney
Back injury claims can be complex and highly contested. Insurance companies may undervalue soft tissue injuries or argue that preexisting conditions caused your pain.
An experienced car accident attorney can:
Evaluate your injury and treatment records
Determine the full value of your case, including future medical needs
Navigate insurance negotiations to maximize your settlement
Ensure that liability and damages are properly presented
Working with an attorney early can make a significant difference in getting fair compensation for your back injury after a car accident.
