One of the first symptoms people experience after a car wreck may be pain. In particular, they often feel pain in their upper or lower back. A back injury from a car accident is common, especially after rear-end or rollover accidents. The violent movement can damage soft tissue or push vertebrae out of alignment. How much can you receive in a back injury car accident case? As our West Virginia car accident lawyers explain, several factors go into the calculation.
What is the Average Back Injury Settlement in West Virginia?
We don’t know the average number, because no one has added up all the settlements for back injuries. An “average” number would not be useful, in any event, because the amount you can receive depends on the factors discussed below.
Cost of Past Medical Care
A violent car accident can leave someone with major back injuries, including:
- Back sprain
- Back strain
- Herniated discs
- Displaced vertebrae
- Cracked vertebrae
- Pinched nerves
- Incomplete spinal cord injury
- Complete spinal cord injury
Relatively minor injuries will require conservative treatment, including injections to reduce swelling and manage pain, as well as physical therapy. However, more serious injuries can require surgery, nights in the Intensive Care Unit, and months of grueling rehab.
Spinal cord damage often leaves people permanently disabled. Impaired movement and loss of balance are common.
Estimated Future Medical Expenses
Minor injuries might heal by the time we submit a compensation claim. Auto accident back pain can fully resolve for minor injuries within six months. But catastrophic injuries will leave a person permanently disabled. They will never return to normal and may need continuing medical care.
For example, a complete spinal cord injury can leave a person with ongoing expenses, including wheelchairs and future surgeries to stabilize the spine. There might be no end in sight for physical or occupational therapy.
Estimating future expenses is complicated. We can’t just throw a number out there. Instead, we work with expert witnesses who can help us calculate the cost of expected future care.
Any Time Off from Work
Bodily injuries often keep people from going back to work. They sometimes lose considerable income because they are in so much pain that they must rest. You can request lost income or wages for any time away as a result of the accident.
The amount you can receive for lost income/wages will depend on what you earn. A doctor will be eligible to receive more than someone who works part-time as a receptionist. Share income details with your lawyer.
Loss of Earning Capacity
A permanent disability can stop someone from ever returning to their old job. That means they will need to find new work, and they could earn far less.
Imagine a police officer suffers a major back injury, leaving him with blinding pain. He can no longer work his beat, so he has to find a different desk job. Unfortunately, the new job pays much less, which means he has an income loss directly caused by the accident.
Our firm can review whether to request loss of earning capacity to recover compensation for future income loss.
Damage to Your Vehicle
The at-fault driver should pay to repair or replace your vehicle. The cost of repairs has increased significantly over the past few years, so don’t overlook this. The amount you request will depend on the amount of damage, as well as the cost of repairs.
Bodily Pain and Suffering
Back injuries change lives. Many people with back injuries slip into depression or become irritable. They can no longer enjoy their hobbies or spend time with young children. A minor injury can cause inconvenience for a few months. But significant back injuries can alter someone’s daily existence.
Estimating the value of pain and suffering is complex. Unlike the damages listed above, there is no easy way to put a price tag on bodily pain and mental anguish. Someone who is paralyzed from the neck down can feel like a prisoner in their own body.
What Limits the Amount You Can Receive for Auto Accident Back Pain?
Not everyone receives the compensation they deserve. You could suffer $100,000 in losses but receive far less, for various reasons.
One is your comparative negligence. West Virginia law will reduce your compensation by your share of fault. So if you were 25% at fault, then you receive 25% less. If you were mostly to blame for the accident, then you can end up with $0. (West Virginia Code § 55-7-13c.) Our firm always reviews the evidence to determine if your own negligence was at all to blame and to minimize the degree of negligence assigned to you by an adjustor or jury.
Another limitation is whether you failed to mitigate your damages. As an example, anyone who experiences a back injury should go to the hospital to be promptly diagnosed. They should follow the doctor’s treatment plan and avail themselves of all offered treatment so they can heal as quickly as possible. If you delay treatment, a defendant can argue you have only yourself to blame for your pain.
Lastly, the defendant’s financial resources could limit your settlement. Some drivers are only carrying the state’s minimum liability coverage. As of 2025, the mandatory minimum coverage in West Virginia is $25,000 in bodily injury liability and $25,000 in property damage. They might have no other resources, like money in a bank account or investments they could sell. You could be limited to the defendant’s liability insurance policy. In those situations, an experienced lawyer will look for other sources of recovery.
Contact a West Virginia Car Accident Lawyer
Kaufman & McPherson is an established firm that represents people injured in motor vehicle accidents. Our clients trust our experience and knowledge of West Virginia accident law to negotiate settlements on their behalf. We can help anyone with a case involving back pain. Never assume your injury is too minor to warrant an injury claim against a negligent motorist. We can listen to your story and review your claim in a free, no-obligation consultation.
Contact us to discuss an accident anywhere in West Virginia. . Our consultations are free.
