Mississippi payouts for neck and back injuries can vary widely. Find cases like yours to get an idea of your potential compensation.
We’ve analyzed actual Mississippi car accident cases with a focus on neck and back claims. The information can help you estimate what your car accident claim might be worth in similar circumstances.
The average payout in Mississippi for a moderate car accident neck or back injury is $39,164. Payouts range from $1,500 for minor soft-tissue injuries, to $150,000 for more serious injuries.
The Mississippi cases in our sample group range from minor sprains to disabling neck and back injuries. The cases arise from a variety of accident types, from a parking lot fender bender to head-on collisions.
Average Mississippi Neck and Back Injury Settlements
To get the average settlement amounts listed below, we analyzed a group of real Mississippi car accident cases involving a range of neck and back injuries. Our group only included cases that resulted in a payout to the injury victim.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Neck-Back Injury | $7,090 |
| Moderate Neck-Back Injury | $39,164 |
| Severe Neck-Back Injury | $150,000 |
Payout Range by Severity of Injury |
|
| Minor Neck-Back Injury | $1,500 - $12,045 |
| Moderate Neck-Back Injury | $15,873 - $82,672 |
| Severe Neck-Back Injury | $150,000 |
Victims of serious auto accidents often suffer multiple injuries to different body parts. These cases represent victims who suffered back or neck injuries, as well as other injuries. Settlements and jury awards are intended to compensate the victim for all their damages, not just one particular injury.
How Neck and Back Injury Settlements are Calculated
The compensation value of an injury claim largely depends on the severity of injuries, particularly the medical costs, related lost wages, and pain and suffering.
Treatment Costs for Neck and Back Injuries
Insurance companies are only required to pay reasonable costs for evaluation, treatment, and rehabilitation for neck and back injuries. Reasonable costs are medically necessary based on current standards for medical care.
- Sprains and Strains – Mild sprains and strains in any region of the neck and back can be caused by the impact of a collision. An emergency room visit in Mississippi costs nearly $1,600. Add the costs of X-rays and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling approximately $2,000.
- Broken Back or Neck – Uncomplicated fractures of the vertebrae in your neck or back can often be treated by stabilizing the area with a brace and limiting physical activities. Conservative treatment of a broken neck or back without surgery will cost $5,000 to $15,000 or more. If surgical fusion is necessary to stabilize the vertebra, treatment expenses can range from $50,000 to more than $150,000.
- Disc Herniation – Treatment of a herniated disc without surgery can run from $5,000 to $10,000. Fusion surgery for herniated discs can range from $20,000 to $50,000.
- Spinal Cord Injuries – The level of paralysis and the age of the victim will influence the projected care and treatment costs for the injury. Costs will rise according to the number of years the victim is expected to live with a permanently disabling injury. Lifetime treatment costs for a person paralyzed from the waist down can range from $1,656,000 for a 50-year-old, to more than $2,500,000 for a 25-year-old victim.
Factors Affecting Payout Amounts
Other factors that influence injury payouts in Mississippi include:
- Injury Severity – Neck and back injuries that require surgery or result in some level of disability will qualify for higher compensation than a mild case of whiplash.
- Relevant Circumstances – Adjusters and juries will award higher compensation to a victim who was cut out of the car after a high-impact crash than a person who walked away from a minor fender bender.
- Shared Fault – Mississippi is a pure comparative negligence state. You can file an injury claim against the other party even if you are partly to blame for your injuries. Your final payout will be reduced according to your percentage of fault.
- Auto Policy Limits – Mississippi mandates all drivers to carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. Your compensation may be limited to the at-fault driver’s policy limits.
- Uninsured Motorist Coverage – Mississippi requires insurance companies to offer uninsured motorist coverage (UM) in an amount up to the liability limits. The policyholder has the right to reject UM coverage. Drivers who rejected uninsured motorist coverage may be left with no source of compensation for injuries caused by someone with no insurance, or a hit-and-run.
- Multiple Claimants – The liability limits carried by the at-fault driver may not be enough to go around when two or more victims are seriously injured.
- Venue and Jurisdiction – The courts in some jurisdictions have a history of awarding high amounts of compensation to car accident victims. The at-fault driver’s insurance company may offer a better settlement to keep your case from going to court.
- Punitive Damages: Punitive damages can only be awarded in court when the at-fault party displayed malice, gross negligence, or reckless indifference to the safety of others. Mississippi’s punitive damage law limits the amount of punitive damages according to the defendant’s net worth.
Frequently Asked Questions
Minor Neck and Back Injury Case Examples
Minor neck and back injuries include soft-tissue bruises and sprains with a few days to a week of soreness, stiffness, and tenderness. Not much medical treatment will be needed beyond the initial evaluation after the crash, and possibly one follow-up with your regular doctor. Most minor injury victims only miss a few days from work.
Exacerbation of Pre-Existing Lumbar Strain and Muscle Spasms
Type of Injury: Aggravated Back Injury
Type of Accident: Side-Impact
Award/Settlement Amount: $1,500
Case Summary: A vehicle driven by defendant crossed the center line and struck the right side of the plaintiff’s vehicle. Plaintiff suffered exacerbation of pre-existing medical conditions including lumbar strain, burning pain in her left lower back region, muscle spasms and mental anguish as a result of the motor vehicle accident. Defendant admitted liability but claimed plaintiff had a pre-existing condition regarding her lower posterior back region due to a previous rollover accident which was not related to the current accident; that plaintiff suffered only a minor lumbar strain that healed with no permanent or partial impairment; and that plaintiff’s history of obesity contributed to her lower back pain. The jury found for plaintiff and awarded her $1,500 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Allen v. Gentry, 1:11-cv-00313-LG-RHW
Victim’s Bulging Lumbar Discs, Degenerative Disc Disease Challenged
Type of Injury: Soft tissue neck and lower back injuries-bulging disc at L4-L5;degenerative disc disease; contusions and bruises
Type of Accident: Rear-End
Award/Settlement Amount: $3,571
Case Summary: Plaintiff was stopped in a line of traffic when defendant rear-ended his vehicle, pushing it into a third vehicle which was also stopped. Plaintiff claimed he suffered soft tissue neck and lower back injuries, degenerative disc disease, bulging disc at L4-L5, contusions and bruises as a direct result of the accident. Defendant contended that he rear-ended a third party’s vehicle, pushing it into plaintiff’s vehicle, and that third party’s vehicle incurred the brunt of the impact. Jury returned a plaintiff verdict for $3,571. Per counsel, the following impacted the outcome: (1) plaintiff’s credibility; (2) defendant’s medical testimony that plaintiff’s degenerative condition was not proximately related to the accident; and (3) plaintiff’s bulging discs were not impinging on the nerve roots to justify plaintiff’s claim of chronic pain.
Location: Madison County, Mississippi
Case Name and Docket Number: Winstead v. Keppler, 3:11-cv-00475-DPJ-FKB
Cervical and Lumbar Strain After Two Car Accidents
Type of Injury: Neck and back injuries-cervical and lumbar strain with headaches
Type of Accident: Rear-End
Award/Settlement Amount: $5,000
Case Summary: Plaintiff’s vehicle was struck from behind by the defendant’s vehicle. Plaintiff claimed he suffered headaches and cervical and lumbar strain. The defendant admitted liability but maintained that the plaintiff’s injuries were related to a motor vehicle accident following the subject accident. Defendant however agreed to settle the claim for $5,000. Plaintiff accepted the offer.
Location: Leflore County, Mississippi
Case Name and Docket Number: Grussaute v. Feigley, 5:14-cv-00100-KS-MTP
Passenger Suffers Cervical, Thoracic, and Lumbar Strains
Type of Injury: Neck and lower back injury-Muscle and ligament strains of cervical, thoracic and lumbosacral spine with muscle spasms
Type of Accident: Rear-End
Award/Settlement Amount: $6,376
Case Summary: Plaintiff was a passenger in a non-party vehicle, which was traveling northbound and had slowed for traffic on the highway, when his host vehicle was struck from behind by a northbound vehicle driven by defendant. Plaintiff said he suffered musculoligamentous strains of his cervical, thoracic and lumbosacral spine with muscle spasms. The defendant denied liability, and contended the plaintiff failed to take reasonable action to promote his own recovery and failed to follow the advice of his medical providers with respect to treatment that would have lessened his discomfort. Jury found for plaintiff in the amount of $6,376.
Location: Pearl River County, Mississippi
Case Name and Docket Number: Amacker v. Dedeaux, 15-380
Reduced Jury Award for Neck and Back Sprains
Type of Injury: Neck and back sprain; left foot injury
Type of Accident: Side-Impact
Award/Settlement Amount: $6,937
Case Summary: Plaintiff was driving west. Defendant, who had also been headed in a westerly direction, unexpectedly strayed off the highway, and then veered in front of plaintiff’s car, causing a collision. Plaintiff claimed injuries to her left foot, sprains of her neck and back, as well as medical bills and diminished earning capacity. Defendants denied the allegations. They contended that the fault lay with plaintiff, for driving too fast in a vehicle with defective brakes, and failing to maintain a proper lookout. The facts were presented to a Jury, which deemed defendant negligent and 95 percent responsible for the accident. Plaintiff was assigned 5 percent of responsibility. Plaintiff’s award was reduced to $6,937, per fault apportionment.
Location: Madison County, Mississippi
Case Name and Docket Number: McLaughlin v. Drew Freight, Inc, 2011-0250
Jury Reduces Neck Injury, Cervical Strain Award
Type of Injury: Neck injury-cervical strain; right knee strain; right ankle strain; right wrist strain; contusion of the right third finger
Type of Accident: Side-Impact
Award/Settlement Amount: $8,929
Case Summary: Plaintiff was driving southbound when a westbound vehicle operated by defendant failed to stop for a stop sign and collided with plaintiff’s vehicle. Plaintiff claimed he suffered a cervical strain, a right knee strain, a right ankle strain, a right wrist strain and a contusion of the right third finger as a result of the accident. The defendant denied liability and claimed that plaintiff’s alleged injuries and damages were caused by an earlier motor vehicle accident. The jury allocated 95% of the responsibility for the incident to the defendant, and 5% to the plaintiff. The plaintiff’s damages were set at $8,929.08 based on fault apportionment.
Location: Lincoln County, Mississippi
Case Name and Docket Number: Clark v. McCorkle, 2014-0032CV-2L
Arbitration and Jury Award for Cervical Sprain and Lower Back Pain
Type of Injury: Neck injury-cervical sprain; head injury
Type of Accident: Rear-End
Award/Settlement Amount: $9,131
Case Summary: Plaintiff drove northbound. The roads were icy, so plaintiff slowed down due to the road conditions. After she braked, defendant rear-ended her vehicle with his pick-up truck. Plaintiff received a diagnosis of cervical sprain and head injury after the accident and later complained of lingering headaches and pain in her head, lower back, leg and foot. Defendant generally denied the allegations in his answer. The case went to arbitration. The arbitrator found in favor of the plaintiff and recommended an award of $4,248.64 in damages. Believing he would fare better in front of a jury, defendant requested a new trial. The jury found against defendant and returned a verdict for plaintiff, awarding her $9,131 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Thompson v. Nguyen, 2009-CT-01147-SCT; 2009-CA-01147-COA
Jury Award for Cervical, Dorsal, and Lumbosacral Strains
Type of Injury: Injury to left shoulder; post-traumatic headaches and dizziness; cervical, dorsal and lumbosacral strains
Type of Accident: Rear-End
Award/Settlement Amount: $10,321
Case Summary: Plaintiff was involved in a chain reaction collision in which her southbound vehicle was struck from behind by a vehicle operated by defendant, which subsequently pushed his vehicle into the vehicle in front of her. Plaintiff claimed she suffered injury to her left shoulder, post-traumatic headaches with dizziness and memory deficits, cervical, dorsal and lumbosacral strains and mental anguish as a result of the accident. The defendant generally denied liability. Jurors returned a verdict for the plaintiff, awarding her $10,321 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Hubbard v. Delta Sanitation, LLC, A2401-08-140
Neck and Back Injuries from Low-Impact Accident
Type of Injury: Injuries to neck and back
Type of Accident: Side-Impact
Award/Settlement Amount: $12,045
Case Summary: Plaintiff said she drove her vehicle through a parking lot as defendant backed her own vehicle out of a parking space and into the plaintiff’s vehicle, striking it on the front passenger’s side door. Plaintiff claimed injuries to her neck and back. Plaintiff claimed defendant was inattentive and drove too fast for the circumstances. In addition, the plaintiff argued the defendant had defective brakes, failed to apply her brakes in a timely manner and failed to sound her horn. Defendant denied all allegations and the case proceeded to an arbitrator. The arbitrator found defendant liable for the accident, with no contributory negligence on the plaintiff’s part, awarding plaintiff $12,045 in damages.
Location: DeSoto County, Mississippi
Case Name and Docket Number: Tedford v. Cothran, 3:08-cv-00026-WAP-SAA
Moderate Injury Case Examples
Moderate neck and back injuries are more painful and may take weeks or months to heal. Moderate injuries may include simple fractures, bulging or herniated discs, and some nerve impingement.
Some moderate neck and back injuries may have partial permanent effects. Victims may be out of work for a few months, depending on the physical demands of their employment.
Disputed Cervical and Lumbar Strains, Shoulder Injury
Type of Injury: Left shoulder injury-rotator cuff sprain and bursitis; others-cervical and lumbar strains
Type of Accident: Rear-End
Award/Settlement Amount: $15,873
Case Summary: Plaintiff’s westbound vehicle, stopped at a red light, was rear-ended by a vehicle operated by defendant and owned by co-defendant. Plaintiff claimed he suffered permanent left shoulder injury, including rotator cuff sprain and bursitis, cervical and lumbar strains with permanent injury to the lumbar spine and severe emotional distress as a direct result of the accident. Defendant admitted liability but disputed damages, noting that the plaintiff suffered low back injuries in a prior motor vehicle accident. Jury returned $15,873 verdict for plaintiff.
Location: Jackson County, Mississippi
Case Name and Docket Number: Clancy v. Greyhound Bus Lines, Inc, 1:11cv336; 1:11-CV-00336
Soft-Tissue Stiffness and Pain in Neck, Back, and Shoulder
Type of Injury: Stiffness and pain in neck, back and shoulder
Type of Accident: Rear-End
Award/Settlement Amount: $16,145
Case Summary: Defendant was operating a tractor-trailer owned by co-defendant. Defendant was attempting to merge onto a roadway from an entrance ramp when plaintiff rear-ended the tractor. Plaintiff claimed she suffered stiffness and pain in her neck, back and shoulder as a result of the accident. Plaintiff contended that defendant failed to yield the right-of-way and cut in front of her vehicle. Defendants claimed plaintiff was negligent in failing to pay full attention to traffic, in failing to maintain proper control of her vehicle and in following too closely and that plaintiff’s negligence was the sole proximate cause of the accident. Defendants further argued that plaintiff’s injuries were pre-existing and had resolved. Jury returned a plaintiff verdict.
Location: Madison County, Mississippi
Case Name and Docket Number: Rice v Cresco Capital, Inc., 3:16-cv-00588-DPJ-FKB
Neck and Back Strains and Sprains after Two Accidents
Type of Injury: Strain and sprain of neck and back.
Type of Accident: Side-Impact
Award/Settlement Amount: $16,500
Case Summary: Plaintiff and the defendant were driving their respective autos in a residential area on the way to work on a clear dry morning. The plaintiff was traveling down a hill and had the right-of-way when the defendant vehicle, coming from a side street, struck the plaintiff broadside. Plaintiff suffered strain and sprain of neck and back without any permanency. Defendant contended he stopped and looked for oncoming traffic at the stop sign but did not see any as he entered the intersection. He further argues that plaintiff was speeding through the intersection. Jury found in favor of Plaintiff, awarding him $16,500 in damages. Per Plaintiff’s Counsel, two months after this accident the plaintiff had a second accident and the overlapping injuries were confusing to the jury, impacting the outcome.
Location: Jackson County, Mississippi
Case Name and Docket Number: Hurst v. DeJong, 3:11cv60
Jury Finds for Victim with Soft-Tissue Neck and Low Back Injuries
Type of Injury: Soft tissue neck and low back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $17,000
Case Summary: Plaintiff was stopped in a line of traffic at a red light when defendant rear-ended his vehicle. Plaintiff suffered soft tissue neck and low back injuries. Defendant contended that the accident occurred at a point where the roadway had two lanes of travel in his direction of travel and that he was attempting to pass plaintiff and other vehicles stopped at the traffic light on their right at the time of the accident. Further, an unidentified motorist pulled out from a driveway to his right, creating a sudden emergency, and that he lost control of his truck on the wet road surface and collided with plaintiff’s vehicle. Jury found in favor of plaintiff, awarding him $17,000 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Adams v. Hilton, 3:11-cv-00618-DPJ-FKB
Verdict for Victim with Pre-Existing Disc Bulges, Strains, Radiculopathy
Type of Injury: “Back injury-disc bulges at L1-L5; Others-cervical, thoracic and lumbosacral strains; cervical and lumbosacral radiculopathy
Type of Accident: Rear-End
Award/Settlement Amount: $24,395
Case Summary: As plaintiff drove northbound, stopped at a red light, a northbound vehicle operated by defendant struck plaintiff’s vehicle in the rear. Plaintiff said he suffered aggravation of previously asymptomatic disc bulges at levels L1 through L5; cervical, thoracic and lumbosacral strains; cervical and lumbosacral radiculopathy; and 5% permanent partial disability of her cervical and lumbar spine. The defendant denied liability and claimed the plaintiff’s two previous motor vehicle accidents caused her alleged injuries. The jury returned a verdict for the plaintiff and awarded her $20,443.85 for past medical expenses and $3,952 for past lost earnings.
Location: Hinds County, Mississippi
Case Name and Docket Number: Jackson v. Construction Group, LLC., 2:19-cv-00130-KS-MTP
Jury Award for Surgical Repair of Herniated Discs with Nerve Involvement
Type of Injury: Spinal nerve with disc injury-herniated disc at L5-S1 and lower lumbar strain; right thigh pain with numbness
Type of Accident: Side-Impact
Award/Settlement Amount: $31,180
Case Summary: Plaintiff’s vehicle was struck by a motor vehicle driven by defendant at a controlled intersection. Plaintiff suffered a herniated disc at L5-S1, lower lumbar strain, and right thigh pain with numbness, which required him to undergo surgery for an L4-L5 and L5-S1 disc compression. Defendant denied liability. An expert witness for the defendant maintained plaintiff had a lower lumbar strain but also had a diagnosis of degenerative disc disease prior to the motor vehicle accident, and that the plaintiff’s surgery was attributable to his preexisting spinal degenerative disc disease and not caused by or necessary due to the motor vehicle accident. Plaintiff received compensatory pain and suffering award of $31,180 in a jury verdict.
Location: Harrison County, Mississippi
Case Name and Docket Number: Wetzel v. Sears, A2402-14-183; 2015-00903
Child Passenger Suffers Cervical and Lumbar Disc Herniations
Type of Injury: Neck and back injuries-lumbar and cervical disc herniations
Type of Accident: Head-On
Award/Settlement Amount: $35,000
Case Summary: Plaintiff, a male minor, was a back-seat passenger in a vehicle operated by a non-party motorist. Defendant motorist, driving south, crossed over the center median and struck plaintiff’s host vehicle head-on. Plaintiff suffered lumbar and cervical disc herniations. Plaintiff’s parents made a claim against defendants for the minor’s injuries and damages. Defendants, without admitting liability, offered to compromise the claim and settle the matter for $35,000. The plaintiffs accepted the offer. The court approved the settlement agreement, disbursed the proceeds and dismissed the matter with prejudice.
Location: Madison County, Mississippi
Case Name and Docket Number: Clark v. Lard Oil Company, Inc, 2:18-cv-00109-KS-MTP
Jury Award for Herniated Disc Despite Challenge by Defendant
Type of Injury: Back injury-herniated disc at L4-L5; nondisplaced linear fracture of left ankle.
Type of Accident: Side-Impact
Award/Settlement Amount: $75,000
Case Summary: Defendant’s vehicle was stopped waiting to make a left turn. Plaintiff was driving his vehicle in the opposite direction. Plaintiff’s vehicle struck the front driver’s side of defendant’s vehicle. Defendant was ticketed at the scene of the accident for making an improper left turn. Plaintiff said he suffered herniated disc at L4-L5 in back and a nondisplaced linear fracture of left ankle. Defendant admitted liability but contended plaintiff’s back problem was not proximately related to the accident. Jury awarded plaintiff $75,000. Per counsel, plaintiff’s treating physician, was of the opinion that the trauma of the accident resulted in a tear in the annulus of the subsequently herniated disc and that the disc fully ruptured seven months thereafter due to a running incident.
Location: Harrison County, Mississippi
Case Name and Docket Number: Taylor v. Stubblefield, 14-455
Jury Awards Plaintiff for Disputed Cervical and Shoulder Strains
Type of Injury: Neck and shoulder injuries-cervical and shoulder strains
Type of Accident: Side-Impact
Award/Settlement Amount: $77,870
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting Streets. Defendant failed to obey a stop sign and ‘T-boned’ plaintiff’s vehicle. Plaintiff suffered cervical and shoulder strains. At the time of the accident, defendant was operating a vehicle owned by Co-defendant. The defendants admitted liability but disputed the plaintiff’s injuries and contended that they were unrelated to the accident. Defendants further contended that plaintiff had a preexisting condition of lupus and was already receiving chiropractic treatment prior to the motor vehicle accident. Jury awarded plaintiff $77,870 in damages.
Location: Madison County, Mississippi
Case Name and Docket Number: Herrington v. Royal Freight, LP, 3:10-cv-00661-CWR-LRA
Settlement for Extensive Soft-tissue Neck and Back Injuries
Type of Injury: Soft tissue neck and back injuries-cervical and lumbar strains, multiple contusions and abrasions
Type of Accident: Rear-End
Award/Settlement Amount: $82,672
Case Summary: Plaintiff’s vehicle was rear-ended by defendant’s vehicle. Plaintiff contended that she suffered cervical and lumbar strains and multiple contusions and abrasions and that defendant was the sole proximate cause of the accident and her injuries. The defendant denied liability, disputed the extent of the plaintiff’s injuries, and contended that plaintiff stopped her vehicle abruptly and caused this accident. The claimed settled for $82,672 before trial.
Location: Hinds County, Mississippi
Case Name and Docket Number: McAllister v. Stafford, 3:14cv538; 3:14-cv-00538
Severe Injury Case Examples
Severe car accidents often result in multiple injuries resulting in residual impairment, or permanent scarring or disfigurement. Some severe injury victims are totally and permanently disabled. These injury victims may be out of work for months, and some lose all future earning capacity.
Neck and Back Injuries End Victim’s Athletic Activities
Type of Injury: General neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $150,000
Case Summary: Plaintiff and defendant were operating their respective automobiles when defendant rear-ended the plaintiff. Plaintiff was very active in karate at the time of the accident. He claimed the impact resulted in a neck and back injury to the extent that he will never be able to resume his karate activities. Plaintiff further contended that he will require future chiropractic treatment for an indefinite period of time. Defendant contended plaintiff’s injuries were exaggerated and the chiropractic treatments were not medically necessary. Defendant also argued that Plaintiff’s earning capacity as a computer technician was not impaired and plaintiff did not lose income from his inability to pursue karate. Jury awarded plaintiff $150,000 in damages plus interest.
Location: Madison County, Mississippi
Case Name and Docket Number: Alan v. Joseph, 5:97CV34BRS
Methodology
Payout averages and ranges are drawn from actual car accident lawsuits filed in Mississippi courts. Here we focused on cases involving neck and back injuries for analysis.
Averages are calculated by adding the settlements and court awards for each group, then dividing by the number of cases in the group. Note that an unusually high award in a group can skew the average higher for that group.
All cases in our group received a payout, either an insurance settlement, arbitration award, or a jury award. We did not consider cases that were denied by the insurance company or lost at trial.
Final Award/Settlement Amounts reflect the final payout to the claimant after any comparative negligence reductions.