Back and Neck Injuries From Rear-End Collisions

Although rear-end collisions are the most common types of auto accidents, that doesn’t mean they’re not serious. Back and neck injuries from rear-end collisions can cause debilitating pain and require extensive medical treatment. You should always take the injuries you sustain in a rear-end accident seriously and seek medical attention right away.

If you sustained neck or back injuries in a rear-end collision, call a car accident lawyer near you to learn how taking legal action can help pay for your medical treatments and pain.

Rear-End Car Crashes Can Cause You Serious Injuries

Tatiana Boohoff Lawyer
Tatiana Boohoff, Car Accident Lawyer

If you are in a rear-end crash, you face your dangers. In a rear-end crash, you are either standing still or traveling at a much lower rate of speed than the car in front of you. Here, the physics of a rear-end car crash can cause serious injury. You can still suffer significant injuries, even if your life is never in danger.

When a car traveling at a higher rate of speed hits you from behind, the force from that car transfers to yours. The problem is that your lower body is mostly still. The force will cause sudden and sharp movement in your upper body.

Neck and Back Injuries from a Rear-End Car Accident

Many people focus only on the fatality rates of certain types of crashes to gauge their seriousness. However, there is almost no such thing as a minor car accident. Any collision can injure you, even if it does not occur at high speeds. Here are some common neck and back injuries in a rear-end car accident:

  • Lumbar sprains – The force of the car accident can cause injury to the muscles in your lower back, where the pain of a lumbar sprain is centered.
  • Lumbar spine injuries – This injury to your lower back is more serious and can leave you with a permanent injury. Lumbar spine injuries often require extensive surgical intervention.
  • Spinal stenosis is a chronic condition that narrows the column that houses the spinal cord. It can lead to tingling or pain in the arm, neck, or legs.
  • Disc herniation – Your discs cushion the vertebrae. A disc herniation compresses or knocks vertebrae out of alignment. A disc herniation will cause severe middle back pain.
  • Thoracic spine injuries – These traumatic spinal cord injuries can permanently damage or paralyze you.
  • Facet joint injuries – These injuries can lead to a degenerative spinal disorder. They will cause immediate and severe pain in the upper back.

Whiplash Is Very Common After a Rear-End Car Accident

Many rear-end car accident injuries fall under the classification of “whiplash.” This term describes the forward-and-back snapping of the head in a car accident, much like the edge of a snapping whip.

That whiplash is a common injury does not make it any less severe. In fact, up to half the people who suffer whiplash injuries will not make a full recovery. Many may suffer low-grade pain for an extended time. Others may suffer a permanent loss of their range of motion.

Even if you recover completely, you may struggle physically for that period. Many people require surgery and extensive rehabilitation to recover from whiplash fully.

Many Whiplash Victims Will Never Fully Recover from Their Injuries

Back and Neck Injuries From Rear-End CollisionsIf you have suffered whiplash injuries, do not assume you will automatically get better with time. Instead, you should pursue all the necessary medical treatment and continue rehabilitation. At some point, you will reach the point of maximum medical improvement when you can file your claim for compensation.

Even if you already have a pre-existing neck or back condition, you may still recover financial compensation after the accident. The principle in a personal injury case is that “you take your victim as you find them.” This legal doctrine is also known as the “eggshell plaintiff” rule. If someone had a propensity for a certain injury, the responsible party must still pay based on the harm they caused to the individual plaintiff.

In other words, the responsible driver must pay when their actions aggravate a pre-existing condition. It does not matter that they did not know your condition before hitting you. It is a chance that they take when they drive negligently.

Seek Medical Help When You Begin to Notice Symptoms

You have some obligations of your own after a rear-end car accident. Although you may not know immediately that you have suffered an injury, you must seek medical care as soon as you begin to experience symptoms. Not only is it the right thing to do for your health, but it also is a must for your legal situation.

In every personal injury case, you must do everything possible to mitigate damages. You cannot take zero action for your own health and then expect full compensation from the insurance company. If there was something that you should have done but did not, the insurance company will hold that against you when it comes to settlement.

If you wait too long to get medical treatment, you run up against several risks:

  • Your health can worsen over time without the necessary medical treatment.
  • The insurance company may argue that your unreasonably delayed medical treatment made your health worse.
  • The insurance company may dispute that your injuries were caused by the accident, attributing them to something else that occurred at a different time.

You should see a doctor to check for potential injuries if any force was involved in the car accident. Since back and neck injuries can worsen over time, you are always better off being safe than sorry.

While the damage may have already been done during the accident, seeing a doctor sooner can get you the needed treatment and minimize some pain and discomfort. At the very minimum, it will also remove an argument that the insurance company often uses to reduce settlements.

Your Legal Battle Is to Get Enough Money

If you suffered an injury when struck in a rear-end car accident, proving liability is not as much of a concern. There is a presumption that the driver who struck you from behind is at fault for the accident. Unless that driver can meet a high burden of proof, they must pay for your accident injuries.

Your main fight is to get enough compensation to pay you for your injuries. That struggle is often far more difficult than the one you have in proving liability. Insurance companies are known to pinch pennies and do it at your expense.

Neck and back pain can be debilitating and keep you from living the life you did before the accident. They can leave you in constant pain and unable to fully work or enjoy the hobbies that you did before the accident. The combination of the physical discomfort and the emotional effects will detract from the quality of your life.

Your Damages When You Have Suffered a Neck or Back Injury

Neck and back injuries can be extremely costly, both in terms of the actual medical costs and the impact on your life. Spinal surgery can cost hundreds of thousands of dollars just for the procedure alone, and surgery on a disc can cost tens of thousands of dollars. Given the complexity of back and neck surgeries, the surgeon can demand and receive a premium rate.

If your injury is serious enough to require surgery, you are still dealing with many other issues. The injury itself has likely left you in a considerable and constant amount of pain. In addition, the continuous discomfort may have taken away your enjoyment of your previous life. You may find that many previous hobbies are no longer practical due to the steady pain and discomfort. The pain alone can make daily life difficult and cause mental health issues.

In addition, your neck and back injuries may leave you unable to work or do the work you previously did before the injury. If you have a physical job, the pain can severely limit what you can do at work. Even desk work can be more difficult because the pain prevents you from sitting for a prolonged period and can keep you from focusing on your work.

Whiplash can cause psychological injury that is every bit as serious. Regardless of its intensity, the constant feeling of being in pain can cause both depression and anxiety. Sleeping at night may be extremely difficult, and insomnia can impact your mental health.

Know the Value of Your Claim Before Submitting It

As you can see, while the medical costs of a back injury are high, they are only part of your injury damages. The critical thing for you is knowing the full extent of your damages before you file the claim. Pain and suffering are a large part of your potential car accident settlement when you have suffered a lasting and serious neck or back injury.

The insurance company will always try to understate the severity of your neck and back injuries. They have a financial incentive to undervalue your claim, paying you less. The reality is that neck and back injuries can result in a large amount of damage. While each case is different, car accident neck and back injuries have often resulted in large settlements.

The Insurance Company Will Underestimate Your Injuries

Insurance companies try to take advantage of the perception that whiplash or back injuries after an accident are common. They will try to apply an “objective” formula to your injuries or do anything to take you and your experience out of the picture. They do not want to hear what you have been living with and the constant pain you endure.

Usually, adjusters will calculate your pain and suffering from a lasting injury using a multiplier method. The insurance company will assign a multiplier to your economic damages, such as your medical bills, to determine your pain and suffering damages. They will always choose a multiplier that is too low and does not reflect the full extent of your injuries.

Your personal injury settlement should compensate you for your unique experience after the accident. Your neck or back injuries are different from some average and generic claimants. In some cases, they may be more severe. Based on the rules of personal injury compensation, it will entitle you to more money.

Your Attorney Could Help You Get Top Dollar for Your Claim

However, you may receive minimal compensation for your injuries if you do not hire an experienced car accident attorney. You may not even know how much money you can get for your neck and back injuries. You can be certain that the insurance company knows what you deserve, and they are bound and determined not to pay it to you.

Your car accident attorney will review any settlement offer you receive to see how far it is below what you deserve. Just like the insurance company knows the value of your claim, so does your car accident lawyer. If a settlement offer does not fairly compensate you for the entire impact of your car accident injuries, your attorney should advise you to reject it. You can then counter with an offer that more fairly reflects the true nature of your injuries.

Eventually, you and the insurance company will likely agree. If you cannot get on the same page financially, you can always file a lawsuit against the responsible driver, and the jury becomes the party that will award you damages.

What Should I Do After a Rear-End Collision?

If you’ve suffered injuries in a rear-end collision, taking specific steps to ensure your safety, gather evidence, and protect your legal rights is important. Here’s a guide on what to do after experiencing injuries in a rear-end collision:

  • Check for Injuries: Assess yourself and any passengers for injuries. If there are severe injuries, call 911 for emergency medical assistance immediately.
  • Move to a Safe Location: If the vehicles are drivable and safe, move your vehicle to the side of the road to avoid blocking traffic. Turn on hazard lights to alert other drivers.
  • Call the Police: Report the accident to the police, even if the injuries appear minor. Wait for the police to arrive and provide them with accurate information about the incident.
  • Exchange Information: Collect information from the other driver(s), including their name, contact information, insurance details, and vehicle registration. If there are witnesses, obtain their contact information as well.
  • Document the Scene: Take pictures of the accident scene, including damage to vehicles, the position of the vehicles, and any relevant road signs or signals. Note the date, time, and weather conditions.
  • Seek Medical Attention: Even if injuries seem minor, it is advisable to seek medical attention promptly. Some injuries, such as whiplash, may not be immediately apparent or have delayed symptoms, but they can cause long-term issues if left untreated.
  • Keep Records: Keep a record of all documents related to the accident, including the police report, medical bills, and any communication with insurance companies.
  • Notify Your Insurance Company: Report the accident to your insurance company immediately. Provide accurate and detailed information about the incident.
  • Do Not Admit Fault: Avoid admitting fault or making statements that may be interpreted as an admission of guilt. Stick to providing factual information when discussing the accident.
  • Consult an Attorney: If you’ve suffered injuries in a rear-end crash, it’s advisable to consult with a personal injury attorney. A car accident lawyer can help you understand your rights, assess the extent of your damages, and guide you through the legal process.

Remember that each accident is unique, and your steps may vary based on the circumstances. Seeking professional advice from a personal injury attorney can ensure you receive fair compensation for your injuries and damages.

Speak With a Car Accident Lawyer

Never assume your back or neck injury is too minor to result in an injury claim. If you have medical bills or any other injury-related expenses, you should discuss your options for compensation with a car accident attorney immediately.


July 9, 2024
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