Here are actual payouts for neck and back injuries arising from Oregon car accidents. Look for cases and injuries most like yours.

We analyzed the payouts from a group of actual injury lawsuits filed in Oregon courts. The plaintiffs all suffered neck and back injuries in car accidents.

The average payout in Oregon for a moderate neck or back injury from a car accident is $33,996. Payouts ranged from $312 for minor soft-tissue injuries, to $400,000 for more serious injuries.

Our sample group of Oregon cases focuses on neck and back injuries that range from minor sprains to permanent, chronic pain.

Average Oregon Neck and Back Injury Settlements

Averages and ranges are drawn from a group of real Oregon 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	$5,683
Moderate Neck-Back Injury	$33,996
Severe Neck-Back Injury	$216,826
Payout Range by Severity of Injury
Minor Neck-Back Injury	$213 - $12,923
Moderate Neck-Back Injury	$14,920 - $95,720
Severe Neck-Back Injury	$100,000 - $400,000

All the plaintiffs in this group suffered some type of neck or back injury, and many sustained more than one type of injury. Personal injury payouts are intended to compensate for all the accident victim’s damages, not just one type of injury.

How Neck and Back Injury Settlements are Calculated

Settlements for car accident claims involving neck and back injuries are based on the victim’s medical expenses and lost wages, with some additional compensation for their pain and suffering.

Treatment Costs for Neck and Back Injuries

Insurance companies are only required to pay reasonable costs for testing, treatment, and physical therapy 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 car accident injuries. An emergency room visit in Oregon costs nearly $1,500. Add the costs of X-rays, medications, and a neck brace for estimated 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 Oregon include:

• Injury Severity – Adjusters are always suspicious of soft tissue neck and back injuries that are only verified by the claimant’s subjective report. Injuries like damaged discs and cracked vertebrae can be verified by X-Rays and CT scans.
• Shared Fault – Oregon is a modified comparative negligence state. The other driver’s insurance company will look for reasons to shift blame for the crash onto you. If you are more at fault than the other driver, your claim may be denied. If not, your payout will be reduced according to your percentage of fault.
• Auto Policy Limits – Oregon requires auto insurance of at least $25,000 per person and $50,000 per accident bodily injury liability. Drivers must also have at least $15,000 in Personal Injury Protection (PIP), and Uninsured Motorist Coverage of $25,000 per person and $50,000 per accident. Your compensation may be limited by the available insurance coverage.
• Multiple Claimants – Neck and back injuries can be costly. When multiple people are badly injured in the same crash, the at-fault driver may not have enough insurance to cover everyone’s damages.
• Punitive Damages: Punitive damages can only be awarded by a judge or jury, and only when there is proof that the at-fault driver’s actions were particularly outrageous or malicious.

Frequently Asked Questions

Minor Neck and Back Injury Case Examples

Minor neck and back injuries include bumps, bruises, and sprains, like a stiff neck that gets better after a few days of rest and over-the-counter pain relievers. Minor injury victims won’t miss more than a few days of work, if any.

Defendant Argues Pre-Existing Back Complaints

Type of Injury: Back injuries-ruptured disc
Type of Accident: Side-Impact
Award/Settlement Amount: $213
Case Summary: Plaintiff, male age 52, mechanic and hunting guide claimed he was involved in a motor vehicle accident during elk-hunting season. The road was snow-packed and new snow was on the ground, plaintiff said. The vehicle driven by plaintiff and defendant collided at a corner. Plaintiff was going up the hill and defendant was coming down the hill; one set of tracks were in the snow and both vehicles were using the same path of travel. Plaintiff claimed he suffered a ruptured disc in back requiring surgery. Defendant denied liability and contended that plaintiff was contributorily negligent. Defendant further claimed that plaintiff had pre-existing back complaints. Jury found defendant 70% negligent and awarded plaintiff $213.02.
Location: Union County, Oregon
Case Name and Docket Number: Smith v. Siler, 87-10-31,558

Cervical, Thoracic, and Lumbar Strains, Disc Protrusions

Type of Injury: Back injury-disc protrusion at L5-S1, with annular tear, cervical, thoracic and lumbar strains, and multiple contusions
Type of Accident: Rear-End
Award/Settlement Amount: $1,847
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, the plaintiff’s vehicle was struck from the rear by the Defendant 1’s vehicle while the plaintiff was stopped for traffic. In the second accident, plaintiff’s vehicle was struck broadside by Defendant 2 as she backed her vehicle in a parking lot. Plaintiff alleged that she suffered central disc protrusion at L5-S1, with annular tear, cervical, thoracic and lumbar strains, and multiple contusions. Defendants denied liability, disputed the plaintiff’s injuries, and contended that she failed to keep a proper lookout and drove at an excessive rate of speed. Plaintiff received an award from the Defendant 1 only, which included $1,657 for costs.
Location: Lane County, Oregon
Case Name and Docket Number: Shaw v. Mahoney, 5427917

Neck Injuries with Muscle Spasms Disputed by Defendant

Type of Injury: Neck injury resulting in muscle spasm and headaches
Type of Accident: Rear-End
Award/Settlement Amount: $1,983
Case Summary: Defendant was stopped behind plaintiff at a red light at an intersection. Plaintiff contended his vehicle was struck from the rear by defendant with very little property damage. Plaintiff claimed he suffered temporary flare-up of neck injury for 4-6 weeks; headaches, muscle spasms; and loss of range of motion in his neck. Defendant contended that while writing on a notepad on the passenger seat, he saw cars in the lane to his right move and began to engage the clutch. Before he was able to stop, he struck plaintiff’s vehicle. Defendant however denied causation, stating that plaintiff had been involved in a motor vehicle accident 3 weeks before. Jury awarded plaintiff $1,983.
Location: Multnomah County, Oregon
Case Name and Docket Number: Riel v. Hornsberger, 9501-00700

General Soft-Tissue Neck Injuries from Low-Speed Accident

Type of Injury: Neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $3,099
Case Summary: Plaintiff contended her vehicle was struck from the rear by defendant in a low-speed collision. Plaintiff claimed he suffered neck injuries. Defendant admitted liability but denied any damage to either vehicle. The defendant further contended that plaintiff was involved in another motor vehicle accident 4 months earlier with same injuries. The jury awarded plaintiff $3,099 in damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Stacey v. Abel, 9607-05333

Soft Tissue Cervical and Lumbar Injuries

Type of Injury: Neck and back injuries-soft tissue cervical and lumbar injuries
Type of Accident: Rear-End
Award/Settlement Amount: $3,350
Case Summary: Plaintiffs, a married couple, were traveling in their vehicle in heavy traffic. They drove through an intersection controlled by a traffic light and, while still moving, claimed their car was rear-ended by a vehicle driven by Defendant. Both plaintiffs claimed soft tissue cervical and lumbar injuries which required neurological, orthopedic, physical therapy and chiropractic treatment. Defendant contended it was stop-and-go, rush hour traffic, and that he bumped the rear of plaintiffs’ vehicle. He argued that this accident could not have caused plaintiff’s injuries, which were subjective in nature. Further, defendant maintained that plaintiffs were involved in a subsequent accident which may have caused their complaints. Jury awarded plaintiffs $6,700.
Location: Lake County, Oregon
Case Name and Docket Number: Garrison v. Greene, 15CV25062

Plaintiff Settles Pre-Existing Neck and Back Strain Case

Type of Injury: Neck, back and shoulder strain.
Type of Accident: Rear-End
Award/Settlement Amount: $4,000
Case Summary: Plaintiff male age 46, claimed he was involved in a motor vehicle collision involving defendant. Plaintiff suffered neck, back and shoulder strain. Defendant disputed liability and causation. He argued that plaintiff had pre-existing workers’ compensation injury at the time of the accident. Partied agreed to settle the case for $4,000 before trial.
Location: Multnomah County, Oregon
Case Name and Docket Number: Caravajal v. Christian, 9706-04698

Cervical and Lumbar Strain from Rear-End Accident

Type of Injury: Back injuries-cervical and lumbar strain/sprain
Type of Accident: Rear-End
Award/Settlement Amount: $4,750
Case Summary: Plaintiff’s vehicle was struck from behind by defendant. Plaintiff claimed he suffered cervical and lumbar strain/sprain from the collision. Defendant admitted liability but contested the nature and extent of plaintiff’s claimed injuries. Defendant argued that this was a low-impact rear-end motor vehicle accident and could not have caused any injuries to plaintiff unless the same were pre-existing or caused by subsequent accidents. Jury found for plaintiff in the amount of $4,750.
Location: Multnomah County, Oregon
Case Name and Docket Number: Iniquez-Reyes v. Kambeitz, 1103-03206

Teen Passenger with Lumbar Strain

Type of Injury: Neck injury-Soft tissue lumbar sprain/strain
Type of Accident: Side-Impact
Award/Settlement Amount: $5,095
Case Summary: Plaintiff, a 16-year-old female, was a back seat passenger in her mother’s car, which was being driven by a friend of her mother. It was night time and there was a rainstorm. Defendant was operating his own vehicle in the opposite direction of the plaintiff’s host car. Defendant attempted to make a left turn into an auto care shop’s parking lot and collided with the plaintiff’s vehicle. Plaintiff suffered soft tissue lumbar sprain/strain. Defendant denied liability. He contended he did not see the plaintiff’s vehicle approaching because the host driver was exceeding the speed limit. Jury returned a plaintiff verdict.
Location: Marion County, Oregon
Case Name and Docket Number: Nelbye v. Jacobson, 00C15084

Soft-Tissue Cervical and Lumbar Injuries

Type of Injury: Neck and back injuries-Soft tissue cervical and lumbar injuries
Type of Accident: Rear-End
Award/Settlement Amount: $6,800
Case Summary: Plaintiff claimed her car was rear-ended by a vehicle driven by Defendant. Plaintiff alleged the impact caused her neck and back injuries which required initial emergency room treatment. However, she claimed she continued to suffer pain and underwent extensive chiropractic treatment followed by epidural injections for pain associated with this collision. Defendant admitted he struck the rear of plaintiff’s car, but disputed the extent of continuing injuries. Jury awarded plaintiff $6,800 in damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Stout v. Lauman, 9503-01563

Lumbar Strain and Chipped Finger Bone

Type of Injury: Back and hand injuries-lumbar strain; chipped bone on her finger
Type of Accident: Side-Impact
Award/Settlement Amount: $8,000
Case Summary: Plaintiff contended she was traveling at approximately 25 m.p.h. when defendant’s vehicle turned left in front of plaintiff’s vehicle and the vehicles collided. Plaintiff said she did not have time to react prior to impact. The scene of the accident consisted of a 42-foot wide street with 700 feet of unobstructed view. Plaintiff suffered a lumbar strain and a chipped bone on her finger. Medical records showed that plaintiff’s lumbar strain resolved 8 months after the accident. Defendant contended that plaintiff was comparatively negligent for the accident. He also disputed causation of plaintiff’s low-back pain, which plaintiff’s physician attributed to her pregnancy. Jury awarded plaintiff $10,000 less contributory negligence 20% = $ 8,000 net.
Location: Lane County, Oregon
Case Name and Docket Number: Funderburk v. Kruger, 5294632

Award for Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $8,400
Case Summary: Plaintiff contended that traffic in front had been stopped for quite some time for unknown reason and that some people were even out of cars, leaning up against them, smoking cigarettes. Plaintiff further contended that his car was struck from the rear by defendant. Plaintiff suffered soft tissue neck and back injuries. Defendant contended that traffic was slow, that plaintiff stopped suddenly, and also that she was hit from the rear. The evidence presented at trial however showed there was no damage to rear of defendant’s car but there was damage to front of her car and damage to rear of plaintiff’s car. Jury found for plaintiff.
Location: Multnomah County, Oregon
Case Name and Docket Number: Diane v. Smith, 9506-03889

Defendant Says Victim’s Neck and Back Injuries Pre-Existing

Type of Injury: Soft tissue neck and back injuries; right leg numbness
Type of Accident: Rear-End
Award/Settlement Amount: $9,100
Case Summary: Plaintiff was driving her vehicle. As she came around the curve, she saw all three lanes blocked by traffic. Plaintiff contended she slammed on the brakes. Plaintiff further contended that almost instantaneously, defendant’s pickup truck struck her car from behind at low speed. Plaintiff claimed soft tissue neck and back injuries; right leg numbness. Plaintiff denied prior similar symptoms. Defendant denied being negligent and disputed causation of plaintiff’s damages. Defendant further argued that plaintiff’s medical records showed some low back and leg complications and treatment in previous 6 months and a prior motor vehicle accident 4 months earlier. Jury returned a plaintiff verdict.
Location: Multnomah County, Oregon
Case Name and Docket Number: O’Reilly v. Greger, 92C 10748

Soft-Tissue Neck and Back Injuries with Headaches

Type of Injury: Soft tissue neck and back injuries-cervical and lumbar injuries with headaches
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff stopped her vehicle at a traffic light. While stopped, her car was rear-ended by a vehicle driven by Defendant. Plaintiff alleged defendant was solely responsible for this accident and the impact caused significant injuries. Plaintiff claimed she suffered soft tissue cervical and lumbar injuries with headaches, as well as shoulder injuries. Defendant admitted he looked down to check his radio and struck the rear of plaintiff’s vehicle, but disputed the nature and extent of plaintiff’s injuries. He contended plaintiff exaggerated her condition and overreached for damages. The jury awarded plaintiff $ 10,000.
Location: Clatsop County, Oregon
Case Name and Docket Number: Fairchild v. Miracle Recreation Equipment, 91-2057

Victim Suffers a Herniated Lumbar Disc

Type of Injury: Neck and back injuries-herniated lumbar disc
Type of Accident: Side-Impact
Award/Settlement Amount: $12,923
Case Summary: Plaintiff was the driver of a TriMet bus. The bus and defendant’s vehicle collided in an intersection. Plaintiff claimed he suffered neck and back injuries including a herniated lumbar disc. Plaintiff further claimed that defendant’s negligence was the proximate cause of the motor vehicle accident. Defendant denied liability and disputed the nature and extent of plaintiff’s injuries. Jury found in favor of plaintiff in the amount of $12,922.89.
Location: Multnomah County, Oregon
Case Name and Docket Number: Crowston v. Pech-Gongora, 9508-06037

Moderate Injury Case Examples

Moderate neck and back injuries include more extensive sprain and strains, like whiplash neck injuries, simple vertebra fractures that will eventually heal, and herniated discs. Victims may be out of work for weeks or months, and some people will have residual effects from their injuries.

Head, Neck, and Lower Back Injuries, with Hip Injuries

Type of Injury: Head, neck, lower back and right hip injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $14,920
Case Summary: Plaintiff said she was driving her vehicle near an intersection, when she was struck by a vehicle driven by defendant. Plaintiff claimed she suffered head, neck, lower back and right hip injuries requiring medical treatment as a result of the impact and lost time from her employment. She filed a complaint against defendant, alleging defendant’s negligent driving caused the collision. The defendant admitted she was negligent but contested the plaintiff’s claimed injuries and damages. A jury awarded the plaintiff $14,920.
Location: Multnomah County, Oregon
Case Name and Docket Number: Mulflur V. Hoshibata, 1212-16336

Cervical, Thoracic, Lumbar Strain, and Hand and Arm Damage

Type of Injury: Hand injury-left hand nerve damage, biceps tendonitis; back injury- cervical, thoracic and lumbar strains; others-left knee strains, headaches and multiple contusions and abrasions
Type of Accident: Side-Impact
Award/Settlement Amount: $19,318
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, plaintiff contended that his vehicle was struck broadside by Defendant 1’s vehicle as she attempted to turn left at an intersection. In the second accident, the plaintiff contended that his vehicle was struck from the rear by Defendant 2’s vehicle as he stopped for heavy traffic near an intersection. Plaintiff claimed he suffered left hand nerve damage that resulted in numbness and permanent impairment, headaches, biceps tendonitis, vertigo, cervical, thoracic, lumbar and left knee strains, with limited motion and permanent impairment in his neck, and multiple contusions and abrasions. The defendants denied liability and disputed the plaintiff’s injuries. Jury returned a plaintiff verdict.
Location: Washington County, Oregon
Case Name and Docket Number: Coke v. Watts, C073341CV

Shoulder, Foot and Neck Injuries

Type of Injury: Shoulder, Foot and Neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $21,750
Case Summary: Plaintiff contended she was stopped at a stop sign when her vehicle was rear-ended by defendant’s vehicle during icy conditions. Plaintiff claimed she suffered neck and related structures, shoulders, headaches and right foot injuries. She also claimed aggravation of pre-existing neck conditions. Plaintiff argued that the negligence of the defendant driver caused her to sustain past medical expenses, past wage loss and impairment of future earning capacity, and pain and suffering. Defendants contended that defendant driver was not driving in a negligent manner, and denied plaintiff’s injuries were aggravated by the motor vehicle accident. Jury returned a verdict for plaintiff for $ 21,750: $ 10,000 in economics, $ 2,000 in non-economics, and $ 9,750 in medicals.
Location: Jackson County, Oregon
Case Name and Docket Number: Labrocca v. Serrano, 00-0542-LI

Bulging Discs at C5-C7 Neck Injuries

Type of Injury: Back injuries-bulging disc at C5-7; Others- head, neck, shoulder and left arm injuries.
Type of Accident: Single Vehicle
Award/Settlement Amount: $22,542
Case Summary: Plaintiff contended that defendant, after passing him on a two-lane highway, suddenly hit his brakes at least two or three times, then waived a .357 magnum pistol at plaintiff while plaintiff had his head, neck and shoulders out of his car window. The waiving of pistol caused plaintiff to suddenly jerk his head, neck, and shoulders into the car while slamming on his brakes, but veered off the road and struck the median. Plaintiff contended he received injuries from both the sudden application of brakes and pulling his head in the window. Defendant’s version was similar to plaintiff’s except that he contended he was provoked by plaintiff, who flipped him off. Defendant was subsequently convicted in criminal court of menacing. Jury returned a plaintiff verdict.
Location: Marion County, Oregon
Case Name and Docket Number: Tyrrell v. State Farm, 15CV27003

Herniated Lumbar Discs at L4-5

Type of Injury: Back injury-herniated disc at L4-5
Type of Accident: Side-Impact
Award/Settlement Amount: $24,187
Case Summary: Plaintiff was a passenger in defendant’s vehicle when they were struck broadside by co-defendant at an intersection. Plaintiff said he suffered a herniated disc at L4-5 among other injuries. He brought a lawsuit against defendants, alleging both were negligent in causing the motor vehicle accident. Defendants denied liability. The case proceeded to a jury trial. Jury found both defendants were at fault in causing the collision. Jurors allocated 40% of the fault to defendant and 60% to co-defendant. Judgment was entered in favor of the plaintiff and against defendant in the amount of $3,674.87, and against co-defendant in the amount of $20,512.30.
Location: Multnomah County, Oregon
Case Name and Docket Number: Vancleave v. Shannon, 1306-07858

Cervical and Lumbar Strain from Low-Impact Collision

Type of Injury: Back injuries-cervical and lumbar strains
Type of Accident: Rear-End
Award/Settlement Amount: $24,657
Case Summary: Plaintiff contended defendant rear-ended plaintiff’s vehicle while traveling 35-40 m.p.h. The extent of the impact was disputed. According to defendant’s recorded statement, the impact was a bump to plaintiff’s car. Plaintiff said he suffered cervical and lumbar strains from the accident. Defendant disputed liability as well as plaintiff’s claimed injuries and damages. Jury found in favor of plaintiff.
Location: Multnomah County, Oregon
Case Name and Docket Number: Cartisser v. Townsend, 15CV16230

Jury Award for Herniated Cervical Disc

Type of Injury: Back injury-herniated disc at C3-4
Type of Accident: Rear-End
Award/Settlement Amount: $25,000
Case Summary: Plaintiff contended that his vehicle was struck from the rear by defendant. Plaintiff’s doctors testified that plaintiff suffered a herniated disc at C3-4 solely as a result of the motor vehicle accident and an anterior cervical fusion was needed to alleviate symptoms. Evidence was introduced that the surgery would cost $20,000 after which plaintiff would be off work for 2 months, incurring approx. $8,000 in lost income. Defendant contended the herniated disc was caused by prior on-the-job injury and need for surgery was related to a second motor vehicle accident. Defendant however did not appear at trial. Jury returned a plaintiff verdict for $25,000, including $15,000 economic and $10,000 non-economic damages.
Location: Washington County, Oregon
Case Name and Docket Number: Wenc v. Thon, C960176CV

Shared Fault for Cervical Strain with Headaches

Type of Injury: Back injury-cervical strain and headaches
Type of Accident: Side-Impact
Award/Settlement Amount: $28,311
Case Summary: As plaintiff drove through an intersection, defendant made a left turn in front of her, causing a collision. Plaintiff sustained a cervical strain and headaches. Defendant denied liability and disputed the plaintiff’s claimed injuries and damages. According to the defendant, she was in the course of making a left turn on a green light, when the plaintiff’s eastbound vehicle entered the intersection, failed to stop, and the front of the plaintiff’s car hit the right rear passenger side of the defendant’s car. Defendant claimed plaintiff was contributorily negligent. Jury allocated 25% negligence to plaintiff, and 75% to defendant. Plaintiff was awarded $15,811 for economic damages and $12,500 for noneconomic damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Schneider v. Macarthur, 1007-11171

Arbitration Award for Neck and Low Back Injuries

Type of Injury: Bruising from lower ribs to hip; neck and low-back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $33,771
Case Summary: Plaintiff was a passenger in defendant’s vehicle when they were involved in a series of rear-end collisions during a rain storm, involving 6-7 vehicles. The accident occurred when defendant rear-ended a vehicle ahead of him at an intersection. Plaintiff said he suffered bruising from lower ribs to hip; neck and low-back injuries. He treated 6 months. Defendant denied liability, claiming that a phantom vehicle caused the collision by braking suddenly for no apparent reason. The Arbitrator returned a verdict for plaintiff for $33,771. The award included 30% against co-defendants, and 70% against the unknown phantom vehicle.
Location: Multnomah County, Oregon
Case Name and Docket Number: Chapman v. Cornwall, 0102-01995

Cervical and Lumbar Strain with Contusions

Type of Injury: Neck and back injuries-Cervical and lumbosacral strains; contusions
Type of Accident: Rear-End
Award/Settlement Amount: $33,771
Case Summary: Plaintiff claimed she was rear-ended by defendant. Plaintiff asserted that she sustained cervical and lumbosacral strains and contusions. During the jury trial, defendant admitted negligence. The only issue for the jury was the amount of damages. Defendant asserted that plaintiff was not injured in the accident and that she had a pre-existing condition very similar in nature to the injuries plaintiff claimed in conjunction to the accident. Defendant’s expert testified that there was no objective evidence from which he could conclude that plaintiff was injured in the accident or that she suffered an aggravation of a pre-existing injury. Jury awarded plaintiff $33,771.
Location: Multnomah County, Oregon
Case Name and Docket Number: Tanna v. Alfred, 0010-10805

Neck and Back Sprain, Insemination Concerns

Type of Injury: Neck and back sprains/strains
Type of Accident: Rear-End
Award/Settlement Amount: $36,364
Case Summary: Plaintiff claimed that her vehicle was struck from behind by defendant at an intersection. Plaintiff suffered neck and back sprains/strains. Plaintiff had been artificially inseminated on the day before the accident and claimed that she became worried that the accident might interfere with her becoming pregnant. She however found out that she was pregnant ten days after the accident. She then became worried that her pregnancy might be affected by the accident and that her baby “might not be normal.” Defendant admitted that the accident occurred but argued that plaintiff’s injuries were unrelated to the accident. Jury awarded plaintiff $36,364 in damages
Location: Multnomah County, Oregon
Case Name and Docket Number: McIntyre v. American Standard, 15CV24107

Aggravation of Pre-Existing Neck and Back Injuries, Disc Protrusion

Type of Injury: Aggravation of pre-existing neck/back injuries; L4-5 disc protrusion; Headaches.
Type of Accident: Rear-End
Award/Settlement Amount: $36,999
Case Summary: Plaintiff claimed that defendant negligently rear-ended plaintiff’s vehicle. Plaintiff said she suffered aggravation of pre-existing neck/back injuries; L4-5 disc protrusion with headaches. Defendant contended plaintiff’s work-related neck/back injury 30 days prior to this accident was the proximate cause of plaintiff’s damages. Defendant also contended plaintiff’s injuries were due to 2 subsequent motor vehicle accidents, one significant and the other minor. Jury returned a plaintiff verdict for $36,999.13. Jury awarded wage loss and medicals but no noneconomic. Plaintiff argued that pursuant to her motion made during trial, jury must award some noneconomic damages if they found negligence. Subsequent motion for new trial solely on issue of non economic damages was made and denied.
Location: Multnomah County, Oregon
Case Name and Docket Number: Bowman v. Griggs, 9712-09803

Soft Tissue Neck and Upper Back Injuries

Type of Injury: Soft tissue neck and upper-back injuries; headaches.
Type of Accident: Rear-End
Award/Settlement Amount: $41,001
Case Summary: Plaintiff contended that his vehicle was struck by defendant’s vehicle in a high impact rear-end collision. The plaintiff suffered soft tissue neck and upper-back injuries along with headaches. The value of the case was in the degree to which the motor vehicle accident injuries interfered with the plaintiff’s pre-accident recreational activities of daily running, weekly weight-lifting and seasonal back-packing. Defendant did not appear at trial. Jury returned a plaintiff verdict for $41,001 which included $7,501 in economic; $33,500 in non-economic damages.
Location: Marion County, Oregon
Case Name and Docket Number: Minten v. Carter, 00C-16238

Multiple Neck, Back, Knee, Ankle and Hand Injuries

Type of Injury: Neck, back, left knee, left ankle, and hands injuries
Severity Rating: Moderate
Type of Accident: Head-On
Award/Settlement Amount: $51,623
Case Summary: Defendant fell asleep and crossed the centerline causing a head-on collision with a car operated by plaintiff. Plaintiff claimed that defendant’s actions were the result of negligently foregoing sleep during the course of a cross country trip. Plaintiff further claimed that as a result of the accident, he suffered injuries and damage to his neck, back, left knee, left ankle, and hands, and that some of the damage would likely permanently alter his life activity. He sought actual damages, future damages, and punitive damages. Defendants argued that plaintiff’s claim did not support punitive damages and that his measure of damages was excessive. Jury returned a plaintiff’s verdict for $51,623.91.
Location: Jackson County, Oregon
Case Name and Docket Number: Weiland v. Pellicone, CV 08-3057-CL

Disc Protrusions, Annular Tear, Cervical and Lumbar Strain

Type of Injury: Back injuries-disc protrusion at L5-S1, an annular tear at L5-S1, narrowing of the C4-5 disc space, disc protrusion at L4-5, a lumbar intervertebral disc injury at L5-S1, and cervical and lumbar strains
Type of Accident: Side-Impact
Award/Settlement Amount: $95,720
Case Summary: Plaintiff entered an intersection intending to turn left, when a vehicle driven by defendant failed to stop for a stop sign and collided with the driver’s side of her vehicle. Plaintiff claimed she sustained a left posterolateral disc protrusion at L5-S1 with narrowing of the left lateral recess and compression of the left S1 nerve root, an annular tear at L5-S1, narrowing of the C4-5 disc space, disc protrusion at L4-5, a lumbar intervertebral disc injury at L5-S1, radiculopathy, cervical and lumbar strains and a hip strain. Defendant simply denied liability. Jurors awarded plaintiff $11,720 for past economic damages, $54,000 for future economic damages, and $30,000 for noneconomic damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Davis v. Spenser, 1104-04468

Severe Injury Case Examples

Severe neck and back injuries often leave the victim with some level of permanent impairment, from partial to total disability. Fractures, multiple disc damage, and spinal cord injuries may occur. Some victims are never able to resume their pre-accident activities of daily living.

Herniation of Cervical Disc and Aggravation of Prior Back Injuries

Type of Injury: Back injury-Herniation of cervical disc at C7-8 and aggravation of preexisting low back and lumbar injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff contended his vehicle was struck on the left side by the right rear fender of defendant’s vehicle which was towing a small trailer as both vehicles were making parallel left turns. Plaintiff said he suffered herniation of cervical disc at C7-8 and underwent an anterior keyhole laminectomy 2 1/2 months later. Defendant contended he did not see plaintiff’s car until after impact. Defendant also denied changing lanes or moving over to the right. Defendant further alleged that plaintiff was involved in 3 subsequent motor vehicle accidents, 2 of which preceded low back surgeries and also had a prior lumbar surgery. Jury determined that defendant’s negligence caused the accident.
Location: Multnomah County, Oregon
Case Name and Docket Number: Baker v. Bischoff, 9503-01981

Aggravation of Disc Disease, Cervical Nerve Damage, Chronic Pain

Type of Injury: Back and neck injuries-Aggravation of preexisting degenerative disc disease at C3-C4, C4-C5 and C5-C6 and permanent nerve damage to cervical spine (neck)
Type of Accident: Rear-End
Award/Settlement Amount: $107,586
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff came to a stop and was rear-ended by defendant. At the time of the accident, Defendant was operating her vehicle in the scope of her employment with co-defendant. Plaintiff’s expert opined that the accident aggravated plaintiff’s preexisting degenerative disc disease at C3-C4, C4-C5 and C5-C6 and permanent nerve damage to cervical spine (neck) with intractable pain requiring the continued use of morphine. Defendants contended that plaintiff was contributorily negligent in that she hit the car in front of her first and did not come to a reasonable stop, which plaintiff denied. Jury awarded plaintiff $107,586.
Location: Multnomah County, Oregon
Case Name and Docket Number: Alex v. Transit Homes, 9507-05115

Soft-Tissue Injuries with Pre-Existing Back Condition

Type of Injury: Back injury-soft tissue; aggravation of preexisting back condition
Type of Accident: Rear-End
Award/Settlement Amount: $107,948
Case Summary: Plaintiff was a passenger in a vehicle that was rear-ended by defendant. Plaintiff claimed she sustained soft tissue back injuries and that she experienced on-going back pain as a direct result of this accident. The defendant disputed the nature and causation of plaintiff’s injuries arguing that plaintiff had a pre-existing back injury from another rear-end motor vehicle accident approximately a year earlier. Jury returned a plaintiff verdict for $107,948.
Location: Multnomah County, Oregon
Case Name and Docket Number: Hunter v. Boyson, 0703-03346

Muscle and Ligament Injuries to Neck and Back, Radiating Pain

Type of Injury: neck and back injuries-muscles and ligaments with radiating pain and numbness into his legs
Type of Accident: Rear-End
Award/Settlement Amount: $140,086
Case Summary: Plaintiff was stopped for a red light, when his vehicle was struck from behind by a vehicle operated by defendant. Plaintiff sustained injuries to his neck and back muscles and ligaments with radiating pain and numbness into his legs. The plaintiff claimed the defendant was negligent for operating his vehicle at an unreasonable rate of speed under the circumstances and failing to maintain proper control of his vehicle. Defendant denied liability. Jury found that defendant’s negligence was a cause of plaintiff’s injury, and awarded plaintiff $117,882 for economic damages and $30,000 for noneconomic damages. Plaintiff’s award was reduced in the judgment to $140,086 by agreement of parties for an offset for medical bills paid by plaintiff’s PIP insurer.
Location: Multnomah County, Oregon
Case Name and Docket Number: Lopez v. Arroyo, 1203-03032

Severe Lumbar Disc Herniation with Nerve Impingement

Type of Injury: Back injury-herniation at L4-L5
Type of Accident: Rear-End
Award/Settlement Amount: $150,000
Case Summary: Defendant was driving a three-ton pickup truck pulling a trailer containing approximately 8,000 pounds of feeder cattle. He was driving South, and the traffic in front of him stopped. Defendant failed to stop his vehicle in time, and collided with the vehicle in front of his, which caused a five vehicle accident. Three cars behind plaintiff were forced into her vehicle, which was then pushed into the vehicle in front of hers. Plaintiff’s physician noted muscle spasms and reduced range of motion in her lumbar spine. An MRI revealed a severe herniation at L4-L5, with nerve impingement. Plaintiff underwent a microlumbar discectomy L4-5, left. Defendant admitted liability but disputed causation and damages. Jury returned a plaintiff verdict $150,000 in non-economic damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: McGalliard v. Visser, 3:0S-CV-114-MO

Cervical Spondyloarthritis, Myofascial Pain Syndrome

Type of Injury: Right knee pain; neck stiffness and pain; others-headaches, myofascial pain syndrome and cervical spondyloarthritis
Type of Accident: Rear-End
Award/Settlement Amount: $227,000
Case Summary: Plaintiff said she was involved in a motor vehicle accident. Traffic was heavy for rush hour and was stop and go. Plaintiff was in motion but very slowly driving her vehicle. Defendant was driving her vehicle and did not stop in time for the slow traffic and rear ended the plaintiff’s car. Plaintiff said her knee had hit the steering column and was sore. She was later diagnosed with a sprain of ligaments of the cervical spine and contusion of the right knee, cervical spondylosis and spinal stenosis in the cervical region. Plaintiff received extensive medical care over several months and reached maximum improvement and was released from care. Parties settled for $227,000 before trial.
Location: Multnomah County, Oregon
Case Name and Docket Number: LC v. KU, 60302985

Traumatic Brain Injury with Cervical and Lumbar Injuries

Type of Injury: Head injury-traumatic brain injury, resulting in cognitive losses, including short-term memory difficulties; Soft tissue cervical and lumbar injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $250,000
Case Summary: Plaintiff came to a stop in traffic and was rear-ended by a vehicle driven by Defendant. Plaintiff’s vehicle was pushed forward a substantial distance as a result of the impact. Plaintiff alleged she struck her head on the window or steering wheel at impact and sustained a closed head injury, resulting in cognitive losses. Plaintiff also suffered soft tissue cervical and lumbar injuries. Defendant did not dispute that she struck plaintiff’s vehicle, but contended that plaintiff’s difficulties had nothing to do with this accident. The parties reached a $250,000 settlement prior to trial.
Location: Multnomah County, Oregon
Case Name and Docket Number: Wiita v. Aguilar, C120963CV

Closed Head Injury with Vertebrae and Pelvic Injuries

Type of Injury: Closed head injury resulting in cognitive deficits; Others-fractured limbs, vertebrae and pelvic injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was driving her vehicle through an intersection when she was “T-boned” by a truck driven by defendant and owned by co-defendant. Plaintiff contended she had the green light, which was corroborated by independent witnesses to this accident. Plaintiff sustained a closed head injury resulting in cognitive deficits, including short term memory loss and slurred speech. Plaintiff also sustained fractured limbs, vertebrae and pelvic injuries. She was in a coma for several days and later required the use of a walker and pain medications. Defendant denied that he ran a red light and argued that he was not responsible for the accident. Defendant did not dispute that plaintiff was injured, but claimed that plaintiff exaggerated her injuries. Jury found for plaintiff.
Location: Multnomah County, Oregon
Case Name and Docket Number: Linda v. Viesko Concrete, 0703-03576

Disc Herniations with Cervical, Thoracic, and Lumbar Strain

Type of Injury: Head injury-lacerations; Back injury-disc herniations at L3-4, cervical, thoracic and lumbar strains; a right knee strain
Type of Accident: Side-Impact
Award/Settlement Amount: $385,644
Case Summary: Plaintiff’s vehicle was ‘t-boned’ by a vehicle being driven by defendant and owned by co-defendant. Plaintiff claimed that defendant driver failed to obey a red light at an intersection and struck his vehicle on the passenger’s side as he proceeded on through the intersection. Plaintiff suffered disc herniations at L3-4, cervical, thoracic and lumbar strains, a right knee strain, and a head laceration. The defendants denied liability, arguing that defendant driver had the green light and that plaintiff failed to yield the right of way to defendant’s vehicle. Defendants further contended that plaintiff failed to wear his seatbelt thus contributed to his injuries. Jury found defendant 100% liable for the accident and awarded plaintiff $385,644. The plaintiff’s award included $28,210 for attorney fees and $1,146 for other costs.
Location: Multnomah County, Oregon
Case Name and Docket Number: Cipriano v. Valley Property, 70302449

Permanent Mechanical Lower Back Pain

Type of Injury: Permanent soft tissue injury-mechanical low back pain
Type of Accident: Rear-End
Award/Settlement Amount: $400,000
Case Summary: Plaintiff, age 16, was a passenger in a vehicle that was rear-ended by defendant. Plaintiff was diagnosed with a permanent soft tissue injury. Plaintiff presented medical records which showed three years of continuous medical treatment with no improvement. Plaintiff also presented two medical experts who testified that her injury was “mechanical low back pain” and was permanent in nature. Prior to this accident, plaintiff was very active and swam competitively. Defendant admitted liability, but denied causation. Defendant contended that, at worst, plaintiff had a simple sprain and would have recovered within four weeks of the accident. Jury awarded plaintiff $400,000. Per plaintiff’s attorney, the verdict was due to the fact plaintiff would endure lifelong pain and that she was permanently injured at such a young age.
Location: Lane County, Oregon
Case Name and Docket Number: Teachout v. Marshal, 16CV27223

Methodology

Averages are from payouts made to plaintiffs in Oregon 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.