Estimating Your Back Injury Claim and Settlement

If you’ve suffered a back injury in San Diego, you’re probably wondering how much your settlement could be. Settlement amounts vary a great deal based on the specifics of the individual case.

When back injury arises as part of a claim for workers’ compensation in San Diego, it can be even more complicated. There are several steps used for establishing the facts. Whether you qualify for compensation will also depend on multiple factors.

Nonetheless, with our extensive legal experience at Gerald Brody & Associates, it is possible to broadly estimate how much a settlement may be worth.

What Factors Influence Settlement Amount?

The basic value of a settlement depends on the measurable harm an accident causes.

This includes special damages such as:

  • Medical expenses, including any ongoing medical care, that result from the accident;

  • Lost wages during recovery and as a result of reduced earning power after an accident;

  • Pain and suffering endured by the victim, including both emotional and physical pain.

Medical expenses are typically the largest amount in the settlement and can run from millions of dollars to 100 dollars or less. Only a doctor can evaluate an injury and its lasting effects. 

Which Back Injuries Produce Bigger Settlements?

When the prognosis of an injury is unclear, parties often use the multiple method in deciding settlement amounts. Your special damages are multiplied by a figure, usually from one to five.

Soft tissue back injuries like sprains and whiplash tend to earn a lower multiplier, as little as 1.5 times your medical bills. Debilitating or permanent injuries could be multiplied by much greater than five and should take suffering into account.

A Word of Warning About Settlements

Remember, there is a difference between a settlement and a judgment.

A settlement is an offer made to you by the responsible party or insurer so you will drop your case. This offer may or may not be fair and it is recommended that you seek legal advice before accepting one.

A judgment is awarded to you by a court. In addition to taking many factors into consideration, the court can also award larger amounts at its discretion.

A workers’ compensation lawyer helps your case by protecting your rights and fighting for the biggest settlement possible. When you have an aggressive lawyer on your side, you are more likely to get a settlement that is fair and that meets your needs. Attorneys’ fees are also fair; only a small fraction of the amount you may receive.

Gerald Brody & Associates

If you’ve been in an accident and suffered a back injury or other injury, please don’t go it alone. Get expert legal help from Gerald Brody & Associates.