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Back Pain and Injury Settlements (Car Accidents and More)
If you are suffering from back pain after an accident, the insurance company is likely already preparing to call your injury ‘pre-existing’ or ‘age-related’ to avoid paying you.
At JZ helps, we specialize in proving the true value of back injuries, having recovered settlements of $260,000, $150,000, and $100,000 for clients just like you.
Scroll down to see real settlement checks and learn how we can help you get the compensation you deserve—starting with a Free Case Evaluation.
Your back is composed of muscles, bones and other tissues that go from your neck to your pelvis.
Back injuries can be caused by a sudden impact like a car accident, sports injuries, or doing work in your garden or home.
If your making a personal injury claim for your back injury, expect the insurance company for the responsible party to argue that your back pain wasn’t caused your accident.
The insurance company may argue that back pain comes with getting older. If you’re young, they may claim that your back pain was caused by everyday tasks like work around your house or garden, or a sports injury.
These defenses can make an injured person’s back pain case tougher.
A less common, but very serious injury is paraplegia. Paraplegia describes complete or incomplete paralysis affecting the legs and possibly also the trunk, but not the arms.)
These back injuries can cause pain and restrict your movement. The doctor will write down (in his records) any back pain that you describe. All things equal:
The insurance company may argue that your back injury isn’t related to the accident and that you may have been able to prevent it by keeping a healthy weight. They will argue that maintaining a healthy weight minimizes stress on your back.
In this article, I concentrate on talking about the pain and suffering settlement value for lower back pain for a bulging disc, herniated disc, or injury to the muscles in your back.
This article applies if you have a Florida personal injury case.
When Does Length of Treatment Least Affect Your Lower Back Pain Case?
All things equal, the length of treatment has the least affect on your lower back pain case if there was no damage to the cars involved. The same is true if there was little damage to the vehicles involved.
This is because the insurance company will argue that the accident didn’t cause or aggravate your lower back pain.
Do Steroid Injections Increase the Value of a Lower Back Pain Injury Case?
Steroid injections to the injured person’s lower back increase the full value of the case. You still need to show that the other driver was negligent (careless). The injured person’s doctor needs to say that the accident caused or aggravated the lower back pain.
Does a Herniated Disc Increase the Value of a Lower Back Pain Case?
Yes, assuming that you can show that the car accident caused or aggravated the herniated disc.
Do Some Insurance Companies Pay More to Settle (Back Pain Claims) than Other Companies?
Yes. Some insurance companies have a better reputation for offering better settlements in lower back pain cases.
Insurers like USAA and the Hartford have a better reputation for paying back pain claims than companies like Liberty Mutual and others.
Workers Compensation Back Cases Are Different Than Personal Injury Cases
If you just want to learn about the settlement value of spine pain and you are not concerned whether it is in your lower back, mid back or upper back, you can learn about:
The insurance company may also argue that your job was the cause of your back pain and not the accident.
The insurance company will argue that many jobs, such as nursing, construction or factory work, can put huge demands on your back. You should argue, if true, that you didn’t have back pain before the incident.
If you did have back pain before the accident, you should argue that the accident aggravated it.
Rather than list below all my settlements for lower back injuries, I have tried to include those in which the main injury is a lower back injury.
$260K Settlement for Lower Back Pain from Uber Car Accident (Miami)
Here is the actual crash diagram from the police report:
My client, Ray, was an Uber driver who was engaged in a ride in Miami, Florida. He was in Vehicle 2 in the above diagram. He had a passenger at the time of the crash.
A company van (vehicle #1 in the diagram) was heading in the opposite direction. The van made a left hand turn.
The front of the van collided with the left driver side of the Uber driver’s car. You can see the damage to the car that Ray was driving (below):
The van wasn’t as badly damaged. Check out the photo below:
At the hospital, the MRI of the Uber driver’s back showed two disc protrusions in his lower back. I’ve labeled them here:
They showed a L4-5 left paracentral disc protrusion with some indentation on the thecal sac with moderate subarticular recess stenosis on the left.
It also showed a L5-S1 left paracentral disc protrusion, which abuts against the thecal sac and may abut against the exiting nerve root on the left.
The doctor at the hospital called these protrusions “bulging discs“. They did not call refer to them as “herniated discs“. However, some doctor use the term disc protrusion when referring to a herniated disc.
He had one epidural steroid injection to his lower back. The Uber driver also had a fracture of the lamina of his T3 vertebrae.
$150,000 Settlement for Lower Back Injury from Car Accident (Miami)
An occupant of a car claimed that a car wreck caused or aggravated his herniated disc. He had epidural injections to his lower back. However, they didn’t work.
Keith was not transported to a hospital. After the crash, he complained of neck and back pain to his doctor. It improved a little bit but didn’t go away.
Many months after the crash, Keith was treated for back pain. An MRI of his lumbar spine (lower back) showed a herniated disc at L5-S1.
He had back surgery. Specifically, he had a L5-S1 hemilaminotomy, medial facetectomy and microdiskectomy, using a microsurgery.
Below is an illustration of a laminectomy (which is the most similar procedure to a laminotomy that I have an image of).
A hemilaminotomy is a surgery where a window is drilled in the bone through which the nerve root and disc are accessed. A herniated disc is typically removed through such a bony opening. Neurosurgeons often perform such procedures under an operating microscope.
As I mentioned, Keith also had a microdiskectomy. Here is an illustration of a discectomy.
Keith was given general anesthesia for the surgery.
He was left with a scar on his lower back after the surgery.
He was very happy with his settlement. So was I. Watch Keith talk about his injury and the settlement.
Driver Gets $100K for Aggravation of Lower Back Pain from Car Accident
Sara was driving her car in North Miami Beach. She was in vehicle 2 in the above crash diagram. Another driver, Vehicle 1, was heading in the opposite direction.
A neurosurgeon recommended lower back surgery. However, she did not have surgery at the time of the settlement.
Despite my providing GEICO with documentation of Sara’s injuries, they didn’t offer any money for a while.
I sent GEICO’s insured a document asking him to send us his tax information and assets. He hired a personal attorney.
The good news?
GEICO changed their tune and offered the $100,000 BIL insurance limits to settle. Sara accepted it.
She was happy with the settlement.
$100,000 for Herniated Disc in Lower Back and Other Injuries
A man was riding a motorcycle. A car was heading in the opposite direction. (The above diagram shows the accident.)
The driver of the car made a left hand turn. The motorcycle rider crashed into the side of the car.
The rider complained of lower back pain. He also had knee pain and issues holding erection.
He didn’t have health insurance. The rider hired me as his personal injury attorney.
We sent him to a doctor who agreed to treat him. This medical group agreed to wait to collect payment from the accident settlement.
They sent him for an MRI of his lower back. The MRI showed a herniated disc in his lower back.
GEICO insured the driver of the car. But here’s the kicker.
GEICO offered $4,500. The GEICO adjuster increased his offer to $10,000.
It gets better. I met with an orthopedic doctor to review the MRI.
Why does this matter?
I wanted to see what a conservative doctor would say about the herniated disc.
He said that this was a real disc herniation.
I quickly sent GEICO a copy of the MRI CD that showed the herniated disc.
I also sent my client to get his bruised testicle checked out by a urologist. One symptom that urologists treat is erectile dysfunction (ED).
Now:
It is very tough to get examined by a urologist without health insurance. I found a urologist who did a one time exam on my client. He diagnosed him with erectile dysfunction.
That’s not all…
I asked the urologist to sign an affidavit that stated the future costs of medication to treat the erectile dysfunction for my client’s life expectancy. He signed the affidavit.
GEICO then suggested that we mediate (meet in person) to try to settle the case.
Don’t believe GEICO when they tell you that your case is only worth a certain amount. The same is true for any insurance company.
Get treatment for all of your symptoms.
$95,000 Settlement for Man’s Lower Back Pain After Drunk Driver Hits Him
A man was driving his car. A drunk drive hit him. The drunk driver was arrested at the scene.
GEICO insured the drunk driver.
The injured man complained of neck pain and other injuries. I claimed that the accident caused or aggravated his herniated discs. He didn’t have steroid injections or surgery.
I requested the entire criminal court file, which had some good information to use against the drunk driver in the personal injury claim.
GEICO’s first offer was $17,500.
Look:
GEICO has a reputation for making a low opening offer. They’ve done it with me many times.
Bottom line:
Know the value of your lower back pain case. I can’t emphasize this enough.
If you don’t know the fair value, GEICO may try to convince you that what they’re offering is fair. Claim adjusters can be very persuasive.
We settled for $95,000. My client was happy with the $95,000 settlement.
Pedestrian Hit By Car Gets $70,000 for a Lower Back Injury and Other Injuries
At the time of the settlement with the Underinsured Motorist (UIM) Insurer, workers’ compensation for the police department paid over $17,000 in indemnity (lost wages) and medical benefits.
I have said before that as a starting point for evaluating the settlement value of pain and suffering from a bulging disc caused by someone else in Florida is between $10,000 and $15,000.
My client had epidurals, which generally increase a case value.
$29,700 Settlement for Lower Back Injury from Car Accident
My client lived in California, but was on vacation in Florida.
He was a passenger in a car. Another car crashed into him.
It happened in Miami, Florida. Nationwide Insurance insured the careless driver.
He treated with chiropractors for over a year before having an MRI on his back. An MRI revealed a herniated disc effacing (pressing on) the spinal cord.
$28K Settlement for Back Injury from Truck Accident in Wildwood, Florida
Tom, a 51 year old, was driving a box truck on I-75 in Wildwood, Sumter County, Florida. Jose was driving a tractor trailer headed in the same direction.
The front of Jose’s truck hit the back of Tom’s truck. The crash diagram is below:
American Inter-Fidelity Exchange insured Jose’s employer.
We claimed that the accident caused or aggravated pain in Tom’s neck, back and elbows. The doctor ordered an MRI of his lower back. The MRI showed bulging discs.
We also claimed that the collision worsened the pre-existing chondromalacia in his knee.
$25,000 Settlement for Lower back and Other Injuries from Car Accident
My client was a passenger in her friend’s car. The driver of the car that she was in (“host car”) slammed into the car in front of him.
Both cars were disabled and towed from the accident scene. Miami-Dade County Fire Rescue arrived on the scene.
Ambulance (for illustration only)
They noted that her main complaints were chest and abdomen pain. The ambulance took her to the hospital. This increased the value of her case.
At the hospital, doctors diagnosed her with a sprained neck and other pain. They took x-rays of her lower back (lumbar spine).
They also took x-rays of her clavicle, pelvis, thoracic spine, cervical spine and chest. A CT scan showed bulging discs in her neck.
A chiropractor diagnosed her with a sprain/strain of the lower back, and a lumbar nerve root lesion. She had numbness and tingling in both of her feet. This numbness and tingling increased the value of the case.
She also had other injuries as well, including a herniated disc in her neck.
State Farm insured her friend with a $25,000 per person BIL policy. They paid us the $25,000 BIL limits. Unfortunately, my client didn’t have underinsured motorist insurance.
$16,500 Settlement for Lower Back Pain and Other Injuries
My client was driving a car. He claimed that the accident caused his lower back pain. We also claimed that the accident caused or aggravated a herniated disc in his neck.
She went to a chiropractor, who she had treated with before the accident. He diagnosed her with a lumbar radiculitis along with a lumbar strain and sprain.
Radiculitis is describes the neurological symptoms felt as a nerve is pinched, compressed, irritated, or inflamed. Radiculitis most commonly occurs in the lower back or the neck.
The chiropractor also diagnosed her with a neck sprain, a mid-back sprain, a wrist sprain and muscle spasm.
American Vehicle Insurance Company was her uninsured motorist (UM) insurer. I reported a UM claim to her insurance company. They eventually paid the $10,000 limits to settle the case.
American Vehicle Insurance Company changed its name to Federated National Insurance. Federated is based in Sunrise, Florida.
In addition to insuring automobiles in Florida, Federated National is also a big Florida homeowners insurer.
$8,000 Settlement for Lower Back Pain and Other Soft Tissue Injuries
Our client was standing in a car dealership parking lot in Miami-Dade County, Florida.
A minivan backed up. It hit him at an idle speed.
Our client’s knees buckled and he fell to the ground. He complained of lower back pain.
A few months prior to this accident, he had knee surgery. Immediately after this accident, he complained of knee pain. He did not have any swelling in his knee.
Miami-Dade Fire rescue came to the scene. Our client walked to the ambulance stretcher. They put him on a backboard.
The paramedics put a neck collar on our client. They transported him to Homestead Hospital.
Knee injury complicated by prior injury and surgery
Patellar Dysfunction
$7,500 Settlement for Lower Back Pain and Other Soft Tissue Injuries
My client was in a car. A hit and run driver hit his car and fled the scene.
My client’s first medical appointment was about seven days after the crash. He was diagnosed with a Cervical sprain-strain, Thoracic sprain-strain and Lumbar sprain-strain.
About 1 month later, he had an MRI of the cervical spine. It showed a C5-C6 paracentral disk protrusion, moderate in size, compressing upon the thecal sac.
He treated for four months from the date of the accident. At the end of his treatment, the diagnosis was a lumbar strain.
A lumbar strain is a lower back strain.
I argued to the insurance company that punitive damages would be awarded since the negligent driver fled the accident scene. An injured victim may be able to get punitive damages if the car that hits him or her leaves the accident scene.
The careless driver was insured with Metlife.
Below are some verdicts in Florida where the victim claimed lower back pain.
$539,850.00 Verdict against GEICO insureds for Back Sprain/Strain and Other Injuries from DUI Car Crash
$536,700 Verdict for Pain and Suffering for Two Herniated Discs in Lower Back
This isn’t my case. A female nurse claimed that a motor vehicle accident caused or aggravated two herniations in her lower back (L4-L5 and L5-S1). The crash occurred in Duval County, Florida. The entire verdict was for over $1.1 Million dollars.
$210,000 Awarded for Pain and Suffering for 2 Herniated Discs in Lower Back from Head-On Wreck
Another car was at fault in this head-on car wreck in Palm Beach County, Florida. The injured man had a herniated disc in his lower back. It was at the L4-L5 level.
He also had a spinal cord bruise (contusion), and erectile dysfunction. He also had another herniation at the C6-C7 level, which is in the neck.
The case went to trial. The jury gave him $210,000 for pain and suffering. The jury also awarded him $231,000 for his medical expenses, both past and future.
Allstate appealed this verdict. Her husband made a loss of consortium claim, but the jury rejected it.
The case was Allstate Insurance Company v. Marotta, 125 So. 3d 956 – Fla: Dist. Court of Appeals, 4th Dist. 2013. Florida’s Fourth District Court of Appeal (DCA) issued an opinion in 2013.
Florida’s appeals courts.
The 4th DCA handles appeals from Palm Beach, Broward, St. Lucie, Martin, Indian River, and Okeechobee Counties. The 4th DCA is located in West Palm Beach, Florida.
We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.
