Back Injury Claims: Getting a Fair Settlement

Settlement of a back injury claim is designed to "make you whole" by providing you with compensation for medical bills, lost wages, future costs associated with your back injuries, and any other relevant damages.

While some back injury claims involve a full-blown personal injury lawsuit and civil trial, most of these cases settle outside of court, usually after back-and-forth negotiations involving the parties, their insurers, and their attorneys. So, knowing how to get a fair settlement –- and what to expect during the settlement process -- is key to any back injury claim.

Understanding Settlements

In the legal world, “settlement” refers to a process where parties resolve a dispute outside of the formal court setting. That doesn’t mean that a lawsuit is never filed, just that the matter is resolved before a full trial and final verdict or judgment.

In the context of a back injury claim, settlement can occur at almost any time -- after a few phone calls between the parties and their insurers (without a personal injury lawsuit ever being filed), or after the lawsuit has been filed and the discovery process is well underway.

The result of any settlement in a back injury case is a written settlement agreement where Party A agrees to pay the negotiated amount of compensation to Party B (the injured person). In exchange, Party B agrees to release Party A from all liability associated with Party B’s back injuries. Depending on whether a lawsuit has been filed (and how far the case has progressed in civil court), the settlement agreement may need to be filed with and approved by the court.

Ensuring a Fair Settlement

There are a number of steps you can take to make sure you get a satisfactory settlement in your back injury case. Here are a few tips:

Evaluate the strength of your case. Cases usually settle in part because insurers or potential defendants fear a large jury verdict, and because plaintiffs wish to avoid the uncertainty and expense of a trial. The stronger the plaintiff's case, the less their perceived risk in letting the case go to trial, and this can put the plaintiff in the proverbial driver’s seat during settlement negotiations.
Understand your damages: The settlement will be your only chance for monetary recovery for your back injuries, so it should include compensation for the damages a jury would provide you with if you went to court. For a full discussion of damages in a back injury case, see How Much is a Back Injury Claim Worth?
Get a complete diagnosis: Sometimes the full extent of a back injury is not immediately knowable. For instance, it may take months to determine the extent of spinal cord injuries. If an injury worsens or turns out to be more serious after a settlement, you don’t have the option of seeking additional compensation, so be sure to get a full and accurate diagnosis of your back injuries.

Dealing With the Insurer

Once you have a clear idea of your damages and the kind of compensation you’re entitled to receive for your back injuries, the next step is to negotiate the settlement with the insurance company. Here are some things to think about when participating in negotiations:

Consider sending a demand letter. This document gives the insurance company a clear idea of your position on the cause and extent of your back injuries, and the specific amount of compensation that you think is appropriate. You may not receive this amount, but negotiations can start with the number you provide.
Present solid evidence of losses. Since settlement negotiations are based on your actual financial damages and other losses associated with your back injuries, the clearer the picture you present as to the extent of your losses, the better your prospects for a satisfactory settlement. Keep all medical records and bills (including records for chiropractic care and physical therapy), document the amount of work time you missed, and keep a journal that details the impact of your back injuries on your day-to-day life.

Getting Legal Help

Insurance companies typically aim to settle cases for as little money as possible, in order to maintain their profit margin. So, settlement negotiations can be tough. You may want to have an experienced personal injury attorney in the trenches with you, to make sure your rights are protected. An attorney can also help you assess and document your damages, and get you prepared for every stage of your back injury case.

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