Average Settlement for Car Accident Back and Neck Injury in Colorado
- Back and neck injuries are among the most common serious injuries in Colorado car accidents and can range from soft tissue damage to permanent spinal cord disability.
- Recovery typically starts with an auto insurance claim against the at-fault driver, followed by a personal injury lawsuit when insurance limits fall short.
- Colorado's modified comparative negligence law allows you to recover damages even if you share some fault, as long as your share is less than 50 percent.
Car accidents happen every day for many reasons, and unfortunately, some of these incidents result in life-changing injuries for those involved. Back and neck injuries are some of the most commonly cited physical injuries suffered in car accidents, and some such injuries can present life-altering complications for victims. If you or a loved one recently suffered a back and/or neck injury because of another driver's negligence or misconduct behind the wheel, it's natural to wonder how much compensation you could potentially secure from a car accident attorney.
The attorneys with Cheney, Galluzzi & Howard have years of experience handling all types of personal injury claims, including those that pertain to serious back and neck injuries. Even when victims are expected to fully recover from such injuries, back and neck injuries are incredibly painful and debilitating. Victims may not be able to work or handle basic household tasks until they fully recover. With legal counsel you can trust, you are far more likely to maximize the results of all the recovery efforts you pursue after your accident.
Filing an Auto Insurance Claim
All Colorado drivers are legally required to have auto insurance coverage that meets the state's minimum coverage requirements, but unfortunately, not all drivers meet this obligation. Additionally, dealing with insurance companies can be very difficult as most insurers will look for all the reasons they can find to deny claims or reduce claim payouts. Some insurance company representatives even engage in bad faith tactics, preying on the desperation of injured claimants to avoid financial liability for legitimate claims.
The first phase of recovering from any vehicle crash will be a claim against the at-fault driver's insurance. However, even a comprehensive policy may not fully compensate the victim's losses if they suffered a serious back and/or neck injury. Some such injuries cause permanent disabilities, and the defendant's insurance will only provide compensation up to the coverage limits of the policy.
If the at-fault driver had no insurance or insufficient coverage, a separate uninsured or underinsured motorist claim may be available. Read CGH's guide on car accidents with uninsured drivers in Colorado for more on that path.
Filing a Personal Injury Claim
When the other driver's insurance cannot fully compensate your losses, you will need to file a personal injury claim to recover the rest of your damages. State law allows the plaintiff to seek full repayment of property damage, medical expenses, and lost income resulting from the defendant's actions. This includes immediate and long-term damages. For example, if the defendant caused permanent medical complications, the plaintiff could hold them accountable for all their immediate medical expenses following the crash and the cost of all the ongoing medical care they will require.
Success with a personal injury claim requires identification of the party or parties responsible for causing the injury. Next, the plaintiff needs to establish all of the damages they intend to claim from the defendant and provide evidence that the defendant is solely responsible for causing those damages. In the event the plaintiff shares liability for the accident in question, the modified comparative negligence law in Colorado states that they may still recover their damages, but their percentage of fault is subtracted from their case award. If the plaintiff's fault reaches 50 percent or more, they lose the right to claim compensation from the defendant (C.R.S. 13-21-111).
Neck and back injuries often entail a host of problems for victims. Some may require life-saving emergency surgery; others are left with long-term soft tissue and nerve damage that results in chronic pain. Others may suffer severe injuries to their spinal cords, resulting in permanent disability. CGH also handles severe spinal and back injury claims when the harm is permanent and the stakes are highest. Ultimately, every injury claim is unique, and there is no single legal strategy that will work for every victim. However, one common variable for all personal injury claims is the value of reliable legal counsel. Read the CGH car accident injury overview for a full look at what Colorado law requires.
Frequently Asked Questions About Car Accident Back and Neck Injury Settlements in Colorado
How much compensation do you receive for a neck and back injury?
The total potential value of your personal injury case hinges on the total amount of economic damages the defendant caused, the nature of their actions that resulted in your injuries, and whether you face long-term or permanent harm from the incident. If you sustained any permanent disability from your neck and/or back injury, the total potential value of your claim may be much more than you initially anticipated if you have the right attorney handling your case.
What is the average car accident settlement in Colorado?
Most claimants who succeed with their car accident claims obtain about 1.5 times the total amount of economic losses they suffered from the incident. For example, if your total damages equal about $100,000, you could obtain $150,000 or more if you succeed with your case. Various factors can cause the total value of your case award to fluctuate. For example, if you bear partial fault, this will diminish your recovery, but if the defendant broke the law, intentionally injured you, or caused permanent damage, these factors would likely increase your final compensation.
How is pain and suffering calculated in Colorado?
Colorado law limits pain and suffering compensation in most personal injury cases under C.R.S. 13-21-102.5. For claims accruing on or after January 1, 2025, the non-economic damages cap is $1,500,000 flat, with inflation adjustments beginning in 2028. For claims accruing before that date, lower inflation-adjusted caps apply based on the accrual year. Compensation for physical impairment or disfigurement is not subject to this cap, and economic damages such as medical bills and lost wages are never capped. Your attorney can help you determine the limit that applies to your specific claim.
Is it worth hiring an attorney for a back or neck injury?
Hiring an experienced attorney is the best way to maximize the compensation you obtain for your recent accident. When you have legal counsel representing you, you are far more likely to maximize the total compensation you obtain from your auto insurance claim, and they will also assist you in maximizing the case award from a personal injury case. Most serious accidents will lead to both of these recovery options, and your attorney can provide invaluable support and guidance through both of these sets of proceedings.
How long do I have to file a back or neck injury claim in Colorado?
Colorado gives you three years from the date of the crash to file a lawsuit for injuries arising out of the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). Do not assume insurance talks or settlement negotiations pause that deadline. For specific deadlines that apply to your claim, speak with an attorney as early as possible. Read CGH's full guide on the Colorado car accident statute of limitations for more detail.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any settlement figure, cap, or deadline applies to your case. Non-economic damages caps, comparative fault, statute-of-limitations, and insurance questions require case-specific legal review.
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