While there’s no one-size-fits-all answer, several factors come into play when determining the amount of compensation for a back injury sustained in a car accident. Here’s what you need to know.
Severity of the Injury
The severity of your back injury is a primary factor in determining the amount of compensation you may receive. Back injuries can range from minor strains and sprains to more severe conditions such as herniated discs, spinal fractures, or even paralysis.
Generally, the more severe and debilitating the injury, the higher the compensation awarded.
Medical Expenses
The medical expenses incurred as a result of your back injury will also play a significant role in determining compensation. This includes expenses related to:
- Hospitalization
- Surgeries
- Doctor visits
- Prescription medications
- Physical therapy
- Ongoing medical care
The more extensive and ongoing your medical treatment, the higher the compensation may be to cover these costs.
Lost Income and Future Earning Capacity
If your back injury prevents you from working or significantly reduces your ability to earn a living, you may be entitled to compensation for lost wages and future earning capacity. This includes any income you’ve lost due to missed work as well as compensation for diminished earning potential if your injury affects your ability to work in the future.
Pain and Suffering
Pain and suffering refer to the physical and emotional distress you’ve experienced as a result of your back injury. This can include chronic pain, emotional anguish, loss of enjoyment of life, and mental health issues such as depression or anxiety. Compensation for pain and suffering is often subjective and can vary widely depending on the individual circumstances of the case.
Long-Term Disability and Rehabilitation Needs
If your back injury results in long-term disability or the need for ongoing rehabilitation or assistive devices, you may be entitled to compensation to cover these expenses. This can include modifications to your home or vehicle to accommodate your disability, as well as the cost of ongoing medical care and rehabilitation services.
Contributory Negligence
In some cases, you’ll receive less compensation for a back injury if the court determines you are partially at fault for the accident. Maryland follows a contributory negligence rule. This means that if you are found to be even partially responsible for the accident, you may be barred from recovering compensation. It’s essential to work with an experienced attorney who can help mitigate any potential liability issues and maximize your compensation.
While there’s no average or predetermined amount of compensation for a back injury sustained in a car accident, several factors will influence the final settlement or award. Working with an injury attorney ensures you get the most compensation available in your situation.
To learn more or to speak to an experienced attorney, contact Shugarman & Mehring at (410) 783-4200 or toll-free at (888) 342-7200.
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