New Mexico Neck and Back Injury Settlement Amounts and Case Examples

Compare a range of New Mexico car accident payouts for neck and back injuries. Look for injury cases most like yours.

The dollar amounts presented here are derived from real New Mexico car accident lawsuits with a focus on neck and back injuries. The payout information provided can help you arrive at a reasonable estimate of your own potential claim value.

The average payout in New Mexico for a moderate car accident neck or back injury is $48,100. Payouts range from $1,258 for minor soft-tissue injuries, to $550,000 for more serious injuries.

The New Mexico cases in our sample group range from minor sprains to disc injuries requiring surgical repair. Neck and back injuries arise from a variety of accident types, from low-impact fender-benders to head-on collisions.

Average New Mexico Neck and Back Injury Settlements

Averages and ranges are drawn from a group of real New Mexico 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 $6,870
Moderate Neck-Back Injury $48,100
Severe Neck-Back Injury $353,532

Payout Range by Severity of Injury

Minor Neck-Back Injury $1,258 - $11,931
Moderate Neck-Back Injury $15,000 - $87,000
Severe Neck-Back Injury $182,000 - $550,000

While all the victims in this case group suffered from neck or back injuries, car accident victims often sustain multiple injuries. Insurance settlements and jury awards are intended to compensate the victim for all their damages from the accident, not just one particular injury.

How Neck and Back Injury Settlements are Calculated

Car accident settlements are based on the claimant’s medical bills, related out-of-pocket costs, lost wages, and some consideration for the person’s discomfort and inconvenience. Severe injuries result in higher medical bills and related costs, accompanied by intense 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 – Soft-tissue sprains and strains to the neck and back are common in any type of traffic accident. An emergency room visit in New Mexico 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 $2,500.
  • 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 surgery is needed, treatment costs 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 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.

Other factors that influence injury payouts in New Mexico:

  • Injury Severity – Payouts will be higher for disabling neck or back injuries than for a mild case of whiplash that heals in a few weeks.
  • Shared Fault – New Mexico is a pure comparative fault state. Victims who share the blame for their injuries can still seek compensation from the other driver. However, the settlement or jury award will be reduced according to their percentage of fault.
  • Auto Policy Limits – New Mexico requires drivers to carry auto insurance coverage of at least $25,000 per person and $50,000 per accident bodily injury liability, and $10,000 property damage liability. Minimum coverage limits won’t be enough compensation for severe injuries.
  • Uninsured Motorist Coverage – New Mexico requires auto insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits. The policyholder can reject UM and UIM coverage, but may be left without adequate compensation for injuries caused by a driver with little or no insurance.
  • Multiple Claimants – The at-fault driver’s per-accident liability limit may not be enough when several people are injured in the same accident. The total coverage will be split between all injured claimants.
  • Venue and Jurisdiction – Some court venues are known for jury pools that favor car accident victims. The insurer might pay more to settle a claim to keep it out of these courts.
  • Punitive Damages: A jury can award punitive damages to punish an egregiously negligent or malicious defendant. New Mexico does not cap punitive damage awards.

Frequently Asked Questions

How much should I settle for a neck and back injury?

The average settlement in New Mexico for a moderate car accident neck or back injury is $48,100. A fair insurance settlement will cover your medical expenses, lost income, reasonable out-of-pocket expenses, and an added amount for your pain and suffering.

How long can it take to settle an injury claim in New Mexico?

New Mexico’s Claim Settlement Practices laws require insurers to settle claims promptly and fairly once liability is clear. You should expect to reach a settlement not long after you or your attorney have provided medical bills and other proof of your damages.

How much do New Mexico attorneys charge?

New Mexico Rules of Professional Conduct allow the attorney and client to decide the attorney’s compensation, within reason. Personal injury attorneys customarily charge a contingency fee between 33 and 40 percent of the compensation they recover on your behalf.

Minor Neck and Back Injury Case Examples

Car accident victims with minor neck and back injuries can expect a full recovery in a few weeks. Minor soft-tissue neck and back injuries can be tender and sore. Stiffness may last for several days. After the initial medical evaluation, treatment usually consists of rest and over-the-counter pain relievers. Minor injuries can keep the person out of work for several days.

Soft Tissue Neck Injuries from Rear End Accident

Type of Injury: Soft tissue neck injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $1,258
Case Summary: Plaintiff and defendant were traveling in the same direction. Plaintiff stopped at an intersection to make a right turn. Defendant rear-ended plaintiff’s vehicle. Plaintiff claimed he suffered soft tissue neck injuries from the impact. He claimed $3,711 in medical specials and $880 in lost income. Defendant contended that plaintiff proceeded forward from the stop sign and subsequently stopped for no apparent reason and that plaintiff’s negligence contributed to or was the proximate cause of the accident. Jury found that Defendant’s sole negligence was a proximate cause of the collision and awarded plaintiff $1,258.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Werner v. Bridgestone, 1:06CV142

Injury Case for Shoulder, Neck Injuries and Back Pain Settles

Type of Injury: Shoulder and neck injuries; Back pain
Type of Accident: Head-On
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and defendant were traveling on the route near an intersection. An unidentified motorist collided with defendant’s vehicle or pulled into the path of defendant’s vehicle. Defendant lost control of his vehicle and struck plaintiff’s car head-on. Plaintiff suffered shoulder and neck injuries and back pain. Plaintiff claimed $1,100 in medical specials and approximately $550 in lost income. Defendant contended that a phantom motorist pulled into his lane of travel or collided with his vehicle and that he lost control of his vehicle due to the negligence of the phantom motorist. Case settled for $ 5,000 prior to trial.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Williamson v. Metropolitan Property, 1:15-CV-00958

Rear-End Settlement for Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Rear-End
Award/Settlement Amount: $6,000
Case Summary: Plaintiff was waiting in line at a drive-in teller when her vehicle was rear-ended by defendant’s vehicle. Plaintiff got out and spoke with the defendant driver, who refused to identify herself. Plaintiff took defendant’s license number and later determined that the wife of the vehicle’s owner was not the female who had struck her. Plaintiff said she suffered soft tissue injuries to neck and back from the impact. Defendant contended that: any injuries plaintiff sustained where the result of an auto accident plaintiff had been involved in earlier that day, where she had rear-ended a vehicle during rush hour traffic; and there was insufficient evidence to prove that the defendant driver had acted intentionally. The case subsequently settled for $6,000.
Location: Sandoval County, New Mexico
Case Name and Docket Number: Tonya v. Wasson, D-101-CV-2013-01762

Neck and Upper Back Injuries from Low-Impact Accident

Type of Injury: Soft tissue neck and upper back injuries.
Type of Accident: Side-Impact
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was traveling on a Roadway, approaching an exit ramp, when defendant struck her vehicle. The impact occurred in plaintiff’s lane of travel. Plaintiff claimed soft tissue neck and upper back injuries. Plaintiff contended that defendant was unfamiliar with the area and that defendant was negligent in failing to pay full time attention to the operation of her vehicle. Defendant contended that the impact was minimal, resulting in minimal property damage and no injuries to the other occupants of both vehicles and that plaintiff missed time from work due to her pregnancies. Defendant further argued that plaintiff was involved in a prior auto accident, which required long-term physical therapy, and a subsequent auto accident. Plaintiff received $6,500 in a Jury verdict.
Location: Rio Arriba County, New Mexico
Case Name and Docket Number: Roybal v. Martinez, CV-2000-02661

Cervical Strain, Neck and Back Injuries from Two Accidents

Type of Injury: Soft tissue neck and back injuries; cervical strain; contusion to right shoulder; arm pain and loss of upper body strength
Type of Accident: Side-Impact
Award/Settlement Amount: $7,400
Case Summary: Plaintiff and defendant were traveling in opposite directions. Defendant attempted to make a left turn and collided with plaintiff’s oncoming vehicle. Following the accident, defendant pled guilty to a charge of failure to yield the right-of-way. Plaintiff claimed soft tissue neck and back injuries, cervical strain, contusion to right shoulder, arm pain and loss of upper body strength. Defendant did not admit liability but did not seriously contest it. He contended that plaintiff’s injuries were not proximately related to the accident and that plaintiff’s chiropractic treatment was excessive. Jury awarded plaintiff $7,400. Per Defendant’s Counsel, evidence of plaintiff’s prior injury in an auto accident and that she had received chiropractic treatments for several months following that collision significantly impacted the outcome.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Noriega v. Martinez, D-202-CV-2015-08038

Defendant Disputes Herniated Lumbar Disc, Neck Injury

Type of Injury: Shoulder injury-Rotator cuff; herniated disc in low back; soft tissue neck injury
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Defendant rear-ended plaintiff’s vehicle. Neither vehicle sustained property damage. Post-accident, plaintiff treated with a chiropractor for headaches, neck pain and low back pain for 1.5 years before presenting to an orthopedist. The orthopedist performed rotator cuff surgery and diagnosed a herniated low back disc. Plaintiff had treated with the chiropractor on six occasions for headaches and neck pain prior to the accident. Defendant contended that plaintiff’s injuries were not proximately related to the accident and that plaintiff did not suffer a serious impairment of a bodily function. Jury awarded plaintiff $10,000. According to defendant’s counsel, the jury compensated plaintiff for her soft tissue injuries only.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Rojas v. Nunez, D-202-CV-2015-08340

Award to Passenger for Head and Back Injuries

Type of Injury: Closed Head Injury; Back injury-disc desiccation at L5-S1
Type of Accident: Side-Impact
Award/Settlement Amount: $11,931
Case Summary: Plaintiff rode in the front seat of a southbound vehicle owned by defendant 1 and operated by defendant 2. A vehicle operated by defendant 3 turned left out of a shopping center parking lot and struck defendant1’s vehicle. Plaintiff claimed she suffered a closed head injury and disc desiccation at L5-S1. Plaintiff claimed defendant3 negligently failed to pay attention, keep a proper lookout or yield the right-of-way. Plaintiff added that defendant2 was traveling at an unsafe speed before the crash. Defendant2 admitted liability but argued that plaintiff’s previous motor vehicle accident caused her injuries and damages. Defendant2 denied responsibility and claimed that defendant3’s negligence caused the collision. The jury allocated 99% of the fault to defendant3 and 1% to defendant2. Jurors set plaintiff’s damages at $11,931.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Baca v. Perrings, D-202-CV-2015-06405

Moderate Injury Case Examples

Moderate neck and back injuries are more painful and may keep the victim out of work for several weeks or months. Moderate injuries can include more serious sprains and strains, uncomplicated vertebrae fractures or herniated discs, and pinched nerves. There may be some residual impairment from these types of injuries.

Rear-End Soft Tissue Neck and Back Injuries, Fibromyalgia

Type of Injury: Soft tissue neck and back injuries; fibromyalgia
Type of Accident: Rear-End
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was stopped in traffic at a red light when defendant rear-ended her automobile. Defendant, a student driver, had changed multiple lanes prior to striking plaintiff’s vehicle. Plaintiff claimed she suffered soft tissue neck and back injuries and permanent fibromyalgia as a direct result of the collision. Defendant contended that: he sneezed, creating a sudden emergency; plaintiff had been involved in a prior accident with similar injuries; and plaintiff’s injuries were not proximately related to the accident. Jury ruled in favor of plaintiff and awarded her $15,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Marcellino v. Denny, 1:15cv55

Herniated Lumbar Discs, Soft Tissue Neck Injuries, Dental Damage

Type of Injury: Back injury-herniated disc at L5-L6; Soft tissue neck injuries; dental bridge displacement and loss of four front teeth.
Type of Accident: Side-Impact
Award/Settlement Amount: $21,000
Case Summary: Plaintiff and defendant were driving in the same direction. Defendant swerved to the right, subsequently attempted to make a quick U-turn and struck the front panel on the passenger side of plaintiff’s vehicle. The impact was low speed, resulting in minimal property damage. Plaintiff claimed soft tissue neck injuries, herniated disc at L5-L6 in back, dental bridge displacement and loss of four front teeth. Defendant contended that he looked before making a U-turn and that he did not observe plaintiff’s vehicle prior to impact. Defendant further contended that plaintiff was exaggerating the extent of his injuries and damages. Jury found for plaintiff and awarded him $21,000. Per plaintiff’s counsel, an independent witness confirmed plaintiff’s version of the accident. The Court denied plaintiff’s Motion for Reconsideration.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Jose v. William, 1:12cv622

Jury Award for Cervical Spine Disc Herniation

Type of Injury: Neck injury-disc herniation in cervical spine
Severity Rating: Moderate
Award/Settlement Amount: $23,000
Case Summary: Plaintiff was driving in slow-moving rush hour traffic when defendant rear-ended her automobile. Plaintiff claimed she suffered a two-level disc herniation in her cervical spine, and that she fell on four occasions post-accident due to her inability to properly and fully move her neck. Plaintiff further alleged that she had a three-month gap in treatment because treatment was not alleviating her symptoms and that several “normal” exams of her neck post-accident were due to intermittent symptomatology. Defendant contended that: the impact occurred at a slow speed; the subsequent falls were the proximate cause of plaintiff’s injuries; and plaintiff’s injuries fully resolved in three months. Jury awarded plaintiff $23,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Perea v. Conner, 1:13-cv-00697-KG-LAM

Passenger Suffers Herniated Discs in Cervical and Thoracic Spine

Type of Injury: Herniated disc at C5-C6 in neck; herniations at T11-T12 and T12-L1 in back
Type of Accident: Side-Impact
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was a passenger in a vehicle operated by a non-party. Defendant, who was operating a vehicle owned by co-defendant, was driving in the opposite direction. Defendant attempted to make a left turn at an intersection directly in front of the Plaintiff’s host vehicle, resulting in a collision. The intersection was controlled by a traffic light. Plaintiff said he suffered herniated disc at C5-C6 in neck requiring discectomy and fusion, and herniations at T11-T12 and T12-L1 in back requiring percutaneous discectomies. Defendant contended that the non-party was traveling at an excessive rate of speed and failed to stop for a red traffic signal and that the non-party’s negligence was the sole proximate cause of the collision. Jury found for plaintiff and awarded him $45,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Garrett v. Sterschic, JR, D-1329-CV-0686

Fractured Back and Internal Injuries from Head-On Collision

Type of Injury: Fractured vertebra in back; Others-ruptured diaphragm and other internal injuries
Severity Rating: Moderate
Type of Accident: Head-On
Award/Settlement Amount: $60,000
Case Summary: Plaintiff, a 16-year-old boy, was a passenger in an automobile with five other teenagers, including defendant driver. Defendant only had a learner’s permit and had taken her parents’ vehicle without their permission. As the vehicle traveled on a winding, narrow road, defendant lost control, crossed the center, and struck another vehicle head-on. Plaintiff claimed he suffered a fractured vertebra in back requiring spinal fusion and insertion of a rod to stabilize the fracture, a ruptured diaphragm, and other internal injuries. Plaintiff claimed $20,000 in medical specials and no lost income. Defendant contended that plaintiff assumed the risk of injury in driving with an inexperienced driver with a learner’s permit. Jury awarded plaintiff $60,000 in compensatory damages.
Location: Cibola County, New Mexico
Case Name and Docket Number: Jacobsen v. Bassam, CV 2004-156

Two Drivers Liable for Victim’s Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Rear-End
Award/Settlement Amount: $63,800
Case Summary: Defendant1 was hauling a baby stroller on the top of her vehicle. The stroller fell off the top of the vehicle. One portion struck the front of plaintiff’s automobile, which was following Defendant and then fell under plaintiff’s front wheels. Plaintiff stopped and Defendant 2, who was following plaintiff struck her vehicle. Plaintiff said she suffered soft tissue injuries to neck and back resulting in hip discomfort when walking and standing. Defendant1 contended that plaintiff was contributorily negligent in following too closely and in failing to maintain proper control of her vehicle and that plaintiff’s injuries were proximately caused by Defendant2’s negligence in rear-ending her vehicle. Jury found both defendants were at fault for the wreck and awarded plaintiff $63,800: $36,300 against Defendant1; $27,500 against Defendant 2.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Pena v. Hawes, Jr, 12-cv-00622

Jury Award for Rear-End Neck and Back Strain, Headaches

Type of Injury: Neck and back strain; headaches; dizziness
Type of Accident: Rear-End
Award/Settlement Amount: $70,000
Case Summary: Defendant rear-ended the vehicle in which plaintiff was a passenger. Plaintiff’s host vehicle was stopped at a traffic light prior to the crash. Plaintiff said he suffered neck and back strain, headaches, and dizziness. He claimed $21,393 in medical specials and $2,212 in lost income. Defendant contended that he intended to move from the left lane to the right lane as he approached the intersection and that a vehicle which approached very quickly alongside of him prevented him from changing lanes. Defendant further contended that it was raining at the time of the accident and that he was unable to stop due to the slick roadway. Jury found in favor of plaintiff.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Brooke v. Al-Homsi , 1:15-cv-01009-PJK-KBM

Driver Liable for Exacerbation of Neck and Low Back Problems

Type of Injury: Exacerbation of neck and lower back problems
Type of Accident: Side-Impact
Award/Settlement Amount: $87,000
Case Summary: Defendant had consumed three beers at home and then went to a restaurant and had a 14 oz. beer. As he was returning home, he made an illegal left turn at an intersection and struck the plaintiff’s vehicle with his van. Both drivers were taken to the hospital. The defendant was not charged with drunk driving. Plaintiff claimed she suffered an exacerbation of neck and lower back problems. She claimed medical expenses of $3,000 past and $10,000 future and lost income of $4,000 – $5,000. Defendant contended that plaintiff’s injuries were not caused by the accident, but by her back surgery 18 years prior to this accident. Jury returned a plaintiff verdict.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Morris v. Giant Four Corners, Inc., 1:15-CV-00055

Severe Injury Case Examples

Severe neck and back injuries from a car accident can be disabling. Some victims are never able to return to work after the accident. Severe injuries include neck and back fractures, spinal cord injuries, disc damage, and permanent nerve damage.

Award for Neck and Back Strain, Headaches, and Myofascial Syndrome

Type of Injury: Chronic neck and thoracic (back) strain; headaches; myofascial syndrome.
Type of Accident: Side-Impact
Award/Settlement Amount: $182,000
Case Summary: Defendant struck plaintiff’s automobile while backing up at an intersection. Plaintiff was initially diagnosed with cervical and thoracic strain. She subsequently developed myofascial pain syndrome. Liability was not contested, and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff claimed that her myofascial pain syndrome was proximately related to the accident. Defendant contended that plaintiff was diagnosed with chronic cervical strain six years before this accident and was still treating for this condition until two years prior to the accident. Defendant further contended that plaintiff was taking prescription pain medication for her pre-existing condition at the time of the accident and that plaintiff’s myofascial pain syndrome was not proximately related to the collision. Jury awarded plaintiff $182,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Asbury v. MNT, Inc., 1:12-cv-00252-KG-SMV

Soft-Tissue Back Injury, Knee Injury from Side-Impact Crash

Type of Injury: Soft tissue back injury; Knee injury
Type of Accident: Side-Impact
Award/Settlement Amount: $270,000
Case Summary: Plaintiff was stopped at an intersection. Defendants were traveling in opposite directions. Defendant1 turned left into the path of Defendant2’s oncoming vehicle, resulting in a collision. Both vehicles careened into plaintiff’s stopped automobile. Plaintiff claimed soft tissue back strain and knee injury requiring arthroscopic surgery. Plaintiff claimed $40,000 in specials; $18,901 of which was medical. Both defendants contended that the accident was proximately caused by the negligence of the other defendant and that plaintiff was not as severely injured as she alleged. Defendant1 later admitted to accelerating through the intersection. Jury found for Plaintiff against Defendant1 only.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Henderson v. Sanchez, 6:08-cv-00182-MV-KBM

Two Drivers At-Fault for Herniated Disc, Shoulder, Arm, Leg Injuries

Type of Injury: Bruises to shoulder, arm and legs; lacerated knee; herniated disc in back
Type of Accident: Head-On
Award/Settlement Amount: $300,000
Case Summary: Plaintiff and Defendant1 were traveling in opposite directions. Defendant1 stopped to make a turn and a third party stopped behind Defendant1 without incident. Defendant 2, an employee of Defendant 3, was operating a large truck and he struck the third party’s vehicle which subsequently struck Defendant1’s vehicle, forcing it head-on into plaintiff’s vehicle. Plaintiff said he suffered bruises to shoulder, arm and legs, lacerated knee, and herniated disc in back requiring laminectomy with residual pain and weakness in back. Plaintiff claimed $13,212 in medical specials, $25,000 in past lost income and $121,000 in future lost income. Defendant 2 contended that Defendant1 contributed to the accident. Defendant1 contended that her negligence was not the proximate cause of the accident. Jury found for plaintiff and awarded him $300,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Harshbarger v. Iddins, PB 2001 00262

Jury Awards Pedestrian for Exacerbation of Pre-Existing Back Injury

Type of Injury: Exacerbation of pre-existing lumbar (back) spine injury
Type of Accident: Pedestrian
Award/Settlement Amount: $465,661
Case Summary: Plaintiff was removing a car phone antenna from the back of his automobile at a car wash. Defendant, who was behind plaintiff, placed his vehicle in park with the motor running. Defendant was removing trash from under the seat when he lost his balance, grabbed the steering wheel, and put the vehicle into “drive”. The vehicle moved forward and struck plaintiff, pinning him between the two vehicles. Plaintiff claimed exacerbation of pre-existing lumbar (back) spine injury causing severe, constant debilitating pain. Defendant contended that plaintiff was negligent and assumed the risk of injury by standing in a position of potential danger. Jury found in favor of plaintiff, awarding him $332,615 economic loss and $133,046 non-economic loss.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Lopez v. Landstar Inway, Inc., 1:20-cv-00912-RB-JHR

Herniated Cervical Disc, Exacerbation of Low Back Herniation

Type of Injury: Herniated cervical disc in neck and exacerbation of pre-existing low back herniation.
Severity Rating: Severe
Award/Settlement Amount: $550,000
Case Summary: Plaintiff and Defendant, who was operating a vehicle owned by co-defendant, were traveling in the same direction when Defendant rear-ended plaintiff’s vehicle. Plaintiff had previously undergone surgery for a herniated lumbar disc. Five weeks post-accident, plaintiff was diagnosed with a herniated cervical disc and underwent a cervical laminectomy two years later. Defendants did not admit liability but did not seriously contest it. Defendants contended that: plaintiff’s low back herniation pre-existed the accident as shown by an MRI six months prior to the collision; plaintiff’s herniated cervical disc was not proximately related to the accident; and plaintiff could return to her previous sedentary work position. Jury returned a plaintiff verdict in the amount of $550,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Littleton v. Parson, D-1215-CV-200400235

Methodology

Averages are from payouts made to plaintiffs in New Mexico car accident lawsuits. Here we focused on cases involving neck and back injuries. Some victims sustained other types of injuries as well.

Averages are calculated by adding the settlements and jury awards for the group, then dividing by the number of cases in the group. The group does not contain cases that didn’t result in a payout to the injured plaintiff.

Final Award/Settlement Amounts reflect the final payout to the claimant after any comparative negligence reductions.