See actual compensation paid to Oklahoma car accident victims for neck and back injuries. Look for cases similar to yours.

The insurance settlements and court awards shown here are from actual lawsuits filed in Oklahoma courts by car accident victims who suffered neck or back injuries.

The average payout in Oklahoma for a moderate car accident neck or back injury is $35,861. Payouts range from $1,522 for minor soft-tissue injuries, to $1,975,000 for life-altering injuries.

The Oklahoma cases in our sample group range from minor sprains to spinal cord injuries resulting in paralysis. Neck and back injuries arise from a variety of accident types, from low-impact rear-end accidents to head-on collisions.

Average Oklahoma Neck and Back Injury Settlements

Averages and ranges are drawn from real Oklahoma car accident cases involving a range of neck and back injuries. All victims in the group were compensated for their injuries by a jury award or out-of-court insurance settlement.

Average Payout by Severity of Injury
Minor Neck-Back Injury	$6,882
Moderate Neck-Back Injury	$35,861
Severe Neck-Back Injury	$640,696
Payout Range by Severity of Injury
Minor Neck-Back Injury	$1,522 - $11,500
Moderate Neck-Back Injury	$11,693 - $80,000
Severe Neck-Back Injury	$108,000 - $1,975,000

All the cases in this group involved neck or back injuries. However, many accident victims sustained more than one type of injury. Court awards and insurance settlements are meant to compensate the victim for all their damages, not just one specific injury.

How Neck and Back Injury Settlements are Calculated

Auto accident settlements are based on the total of the victim’s reasonable medical costs, out-of-pocket expenses, and lost income, with an added amount to compensate for the person’s pain and suffering.

Severe injury claims are high dollar payouts, not only because extensive injuries require more medical care and treatment, but also because of the magnitude of suffering the person must endure.

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 Oklahoma costs nearly $1,500. 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 Oklahoma include:

• Crash Impact – Adjusters tend to question medical costs for soft-tissue neck and back injuries in low-impact crashes. Insurers are only obligated to pay reasonable medical costs.
• Shared Fault – Oklahoma is a 51% modified comparative fault state. You can file an injury claim even if you shared fault for the accident, as long as you aren’t more at fault than the other driver. Your payout will be reduced accordingly.
• Auto Policy Limits – Oklahoma requires 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. The minimum limits will not be enough to cover severe injury claims.
• Uninsured Motorist Coverage – Oklahoma requires auto policies to include uninsured motorist coverage to protect you after a hit-and-run, or if the at-fault driver has no insurance or not enough insurance to cover your injuries.
• Multiple Claimants – When multiple people are injured in the same accident, the at-fault driver’s liability limits may not be enough to fully compensate all the victims.
• Non-Economic Damages Cap – Oklahoma limits non-economic damages in personal injury cases to $350,000 in most cases.
• Punitive Damages: Punitive damages in Oklahoma for wanton disregard are limited to $100,000 or equal to the amount of actual damages awarded. Punitive damages awards for intentional conduct may be up to $500,000.

Frequently Asked Questions

Minor Neck and Back Injury Case Examples

Minor car accident neck and back injuries are typically soft-tissue sprains and strains. The victim may be stiff and sore for a few days, with full recovery in a few weeks. The person may miss a few days from work.

Soft-Tissue Neck and Back Injuries from Parking Lot Accident

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $1,522
Case Summary: Plaintiff was sitting in her pickup truck in the parking lot of a store, when another pickup truck driven by defendant backed into her truck, rear-ending it. Plaintiff said she suffered soft tissue neck and back injuries. Defendant was criminally charged for drinking and driving and punished with fines and a restricted license. He admitted that he struck the rear of plaintiff’s vehicle and the case proceeded on the issues of physical and punitive damages. Defendant contended that he had been punished sufficiently for this drinking infraction. He also argued that plaintiff was not seriously injured in this minor accident and had recovered from her injuries. Jury awarded plaintiff $1,522.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: McClure v. Litzenberg, CJ-2012-1082

Defendant Challenges Chiropractic Neck and Back Treatment

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $4,200
Case Summary: Plaintiff came to a stop at a red light and was rear-ended by the defendant. Plaintiff alleged that she suffered soft tissue neck and back injuries and her chiropractic treatment was necessary and reasonable. Liability was admitted. Defendant however contended that plaintiff’s chiropractic treatment was unnecessary. In support, the defendant pointed out that plaintiff’s treating physician and an orthopedist recommended at-home exercises, but did not recommend chiropractic treatment. Jury returned a plaintiff verdict for $4,200.
Location: Cleveland County, Oklahoma
Case Name and Docket Number: Logan v Spigarelli, CJ-2012-7159

Plaintiff Asserts Soft-Tissue Cervical and Lumbar Injuries

Type of Injury: Back and neck injury-Soft tissue cervical and lumbar injuries
Type of Accident: Rear-End
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was a passenger in a vehicle traveling in rush hour traffic. The driver of plaintiff’s vehicle slammed on his brakes to avoid an accident and was rear-ended by a vehicle driven by co-defendant. Plaintiff claimed continuing neck and back injuries as a direct result of this accident. However, plaintiff admitted at trial to hiking and climbing vacations, and walking 40 blocks a day to and from school, all of which followed the accident. Defendant admitted liability for causing the accident, but disputed the nature and extent of plaintiff’s damages. Defendant contended that plaintiff received spotty medical treatment and exaggerated the extent of her lost wages. Defendant also claimed plaintiff did not lose time from work because of her physical therapy treatments. Plaintiff received $5,000 from a jury verdict.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: Sharpley v. Rone, CJ-2014-4502

Children Sustain Soft-Tissue Injuries in Rear-End Crash

Type of Injury: Neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $6,000
Case Summary: Plaintiffs, both minors, claimed that defendant rear-ended the vehicle in which Plaintiffs were passengers. Plaintiffs brought a lawsuit against defendant through their parents for negligence. Both plaintiffs claimed neck and back injuries as a result of the collision. Defendant disputed the claim as to liability and damages. The parties eventually reached a compromise agreement whereby defendant would pay plaintiffs $12,000 for damages. The parties filed a joint petition for court approval of the settlement. The court approved the settlement, disbursed the proceeds and released defendant from any further liability to the other parties as a result of the motor vehicle accident.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Pearman v. Litz, CJ-2018-03748

Neck and Back Treatments Questioned After Low-Speed Accident

Type of Injury: Neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $6,800
Case Summary: Plaintiff was struck from the rear by a vehicle driven by defendant. Defendant admitted he rear-ended plaintiff’s car, but disputed the extent of continuing injuries. Plaintiff claimed serious neck and back injuries for which required emergency room evaluation, followed by lengthy chiropractic treatment. Plaintiff asserted she required epidural blocks for the pain to the date of trial. She sought $16,000 in past medicals; $2,000 to $3,000 per year for future epidural blocks; and approximately $2,000 in past lost wages. Defendant contended this low speed accident did not cause plaintiff’s continuing problems. The jury awarded $6,800 to plaintiff for her initial treatment only.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Courtney v. Bowker, CJ-2013-3700

Physician Credibility Effects Payout for Cervical Strain, Headaches

Type of Injury: Cervical strain in neck and post-traumatic headaches
Type of Accident: Rear-End
Award/Settlement Amount: $7,000
Case Summary: Defendant rear-ended a vehicle in which plaintiff was a passenger. Following the accident, plaintiff claimed she suffered chronic cervical strain and post-traumatic headaches. Defendant did not contest liability but contended plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury returned a plaintiff verdict for $7,000. Per counsel, plaintiff’s credibility and the credibility of her treating physician were an issue in the case. Plaintiff had been involved in a prior auto accident and her treating physician had stated that she would have permanent neck pain and headaches from that accident. He subsequently testified that the prior injuries had fully resolved. A Motion to Set Aside the Verdict was denied.
Location: Edmond, Oklahoma
Case Name and Docket Number: Kwok v. Hall, CJ-2012-7012

Mom and Children with Cervical, Thoracic, and Lumbar Injuries

Type of Injury: Back and neck injuries-Soft tissue cervical, thoracic and lumbar
Type of Accident: Side-Impact
Award/Settlement Amount: $7,258
Case Summary: Plaintiff was driving with two of her minor daughters as passengers. Defendant attempted to make a left turn in front of plaintiffs’ oncoming vehicle and their vehicles collided. The intersection where this accident occurred was controlled by a traffic light. Plaintiffs had the green light. All plaintiffs claimed soft tissue neck and back injuries as a result of this collision. Defendant admitted fault, but contested plaintiff’s damages. Defendant however offered to settle the matter by paying $21,744, which plaintiff driver accepted on her own behalf and on behalf of her daughters. The Court approved the settlement.
Location: Canadian County, Oklahoma
Case Name and Docket Number: Galvan v. Gray, CJ-2015-00522

Plaintiff Settles Soft-Tissue Neck and Back Injury Case

Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Side-Impact
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was traveling on a two lane road when defendant made a left turn in the path of plaintiff’s oncoming vehicle. Plaintiff claimed soft tissue neck and back injuries. She received one month of physical therapy and pain medication. She claimed approximately $3,000 in medical expenses. Defendant admitted failing to yield the right-of-way and causing the accident but disputed the duration and extent of plaintiff’s medical treatment, as well as the duration of her ongoing pain complaints. Defendant also argued that plaintiff’s physical therapy was excessive. However, defendant’s liability carrier agreed to a $7,500 settlement prior to trial.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Scott v. Ohio Casualty Insurance, CJ-2011-1380

Child Athlete Suffers Soft-Tissue Lumbar Injuries

Type of Injury: Back injury-Soft tissue lumbar injuries
Type of Accident: Rear-End
Award/Settlement Amount: $8,300
Case Summary: Plaintiff, age 12, was a passenger in a vehicle driven by his mother’s boyfriend. As plaintiff’s host driver attempted a right turn off the highway and into a driveway, the car was rear-ended by a car driven by Defendant. Plaintiff claimed that, as a result of the accident, he sustained soft tissue back injuries which continued to the date of trial. Defendant admitted he struck the rear of plaintiff’s vehicle. However, he argued that there were no complaints of injury at the scene and plaintiff’s complaints were sporadic. Defendant noted that plaintiff continued to lift weights and play football during the time period of his complaints. Defendant however agreed to a $8,300 settlement on the day of trial.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Braeckel v. Garnett, CJ-2011-6533

Father and Child Sustain Neck, Back, and Shoulder Injuries

Type of Injury: Soft tissue neck, back and shoulder injuries
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was operating a motor vehicle with his minor son as a passenger. Defendant, who was operating his own vehicle, rear-ended plaintiffs’ car. The impact pushed plaintiffs into the car ahead of them. Both plaintiffs claimed soft tissue neck, back and shoulder injuries. Defendant admitted negligence. He contended that the accident occurred in an area where bottlenecks frequently occurred and admitted he was traveling about 45 mph to 55 mph when he hit plaintiffs’ vehicle. However, he disputed plaintiffs’ damages. The defendant’s insurer agreed to pay the sum of $20,000 to settle the claims. The court approved the compromise settlement.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Posey v. Claiborne, CJ-2013-05370

Soft-Tissue Neck and Back Injuries from Chain Collisions

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $11,500
Case Summary: Plaintiff was driving her vehicle in a stop-and-go traffic. Traffic was traveling at approximately 30 mph when defendant ran into the rear of a vehicle, which then struck plaintiff’s vehicle. The force of the collision pushed plaintiff into the rear of the pickup truck in front of her. At the time of the accident, Defendant was driving a tow truck, which was owned by co-defendant. Plaintiff claimed soft tissue neck and back injuries which continued to the date of trial. Defendants admitted liability for the accident, but disputed the nature and extent of plaintiff’s injuries and contended that plaintiff should have recovered from her injuries. jury returned a verdict in favor of plaintiff in the amount of $11,500.
Location: Edmond, Oklahoma
Case Name and Docket Number: Lindauer v. McKenzie, CJ-2012-7940-Stuart

Moderate Injury Case Examples

Moderate injuries can include more painful sprains and strains, uncomplicated vertebrae fractures, bulging or herniated discs, and some nerve impingement. The person may experience some residual impairment from these types of injuries. Moderate injury victims may be out of work for weeks or months.

Teen Suffers Back Injuries from Traffic Accident

Type of Injury: Back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $11,693
Case Summary: Plaintiff said his minor son was involved in a motor vehicle accident that was caused by defendant driver. Defendant who was operating a vehicle in the course of his employment with co-defendant. The minor claimed back injuries. Defendants disputed liability for the accident and the plaintiff’s claimed injuries and damages. The plaintiff requested court approval of a $11,693 settlement reached with defendants for plaintiff’s claims of pain and suffering, disability, disfigurement, incidental expenses. Judge entered an order approving the settlement.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: Barton v. Elliott Truck Line, Inc., CJ-2004-785

Plaintiff Sustains Neck and Back Injuries in Multi-Vehicle Accident

Type of Injury: Neck and back injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $11,849
Case Summary: Plaintiff was operating his motor vehicle when he was involved in a multiple vehicle rear-end collision. At the time of the collision, first defendant was operating his vehicle directly behind plaintiff’s vehicle. The second defendant was traveling behind first defendant. Second defendant admitted he struck the rear of first defendant’s car, causing it to strike plaintiff’s vehicle in the rear. Plaintiff claimed he sustained significant neck and back injuries which caused ongoing pain as a result of the accident. Defendants maintained that the injuries from this accident should have resolved in a short period of time. Defendants further contended that plaintiff’s ongoing complaints were not caused by this accident. Jury awarded plaintiff $11,849.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: Templeton v. Enterprise Rent a Car, CJ-2011-00292

Teen Passenger Suffers Neck and Back Injuries

Type of Injury: General injuries to neck and shoulder
Type of Accident: Single Vehicle
Award/Settlement Amount: $15,000
Case Summary: Plaintiff, age 16, was a passenger in a vehicle driven by defendant, who was also a teenager. Defendant driver changed lanes, lost control of the vehicle and struck a retaining wall. Plaintiff claimed neck and shoulder injuries. Plaintiff acknowledged prior shoulder complaints, but argued that the prior complaints had never kept her from swimming competitively. However, post-accident, plaintiff argued injuries from the accident and exacerbation of her shoulder condition affected her ability to swim. Defendant did not admit liability, but did not vigorously contest it. Defendant also argued plaintiff’s injuries, if any, were unrelated to the accident. Both parties presented their evidence before a jury. The panel returned a verdict in favor of plaintiff and awarded her $15,000 in damages.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Battaglia v. James, CJ-2000-4301

Red Light Runner Liable for Victim’s Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $16,000
Case Summary: At an intersection controlled by a traffic light, plaintiff entered the intersection on a green arrow. He was struck by defendant’s vehicle when defendant ran a red light. Plaintiff claimed soft tissue neck and back injuries which required one month of medical treatment and nine days of physical therapy. Plaintiff alleged defendant was negligent in failing to obey a traffic signal and was driving under the influence of alcohol. Defendant admitted he ran the red light and caused the accident. However, he denied that his blood alcohol content was more than .14. Plaintiff agreed to accept a $16,000 settlement.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Ludtke v. Dobson, CJ-2021-00352

Passenger with Aggravation of Prior Cervical, Lumbar Injuries

Type of Injury: Neck and back injuries-Aggravation of preexisting cervical and lumbar injuries
Type of Accident: Rear-End
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was a front seat passenger in a vehicle driven by his wife. They were at a complete stop waiting to make a left turn into a shopping mall. Defendant struck their stopped vehicle in the rear. Plaintiff alleged he sustained soft tissue neck and back injuries as a direct result of this impact. Defendant denied plaintiff was injured to the extent he claimed. Defendant noted plaintiff’s significant history of lumbar back complaints and produced evidence of two to three visits a year to emergency facilities with regard to lumbar complaints. The case was subject to a high/low agreement, pursuant to which plaintiff received $ 25,000.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Douglas v. Vandeveer, CJ-2010-1689

Two Children Suffer Soft-Tissue Back Injuries

Type of Injury: Closed head injury; trauma with soft tissue back injury.
Type of Accident: Side-Impact
Award/Settlement Amount: $25,833
Case Summary: Plaintiff was operating his vehicle with two of his minor children riding as passengers. Defendant, who was operating her own vehicle in an adjacent lane, changed lanes and hit plaintiff’s vehicle. Plaintiff claimed he suffered a closed head injury with no cognitive deficits while both minors suffered trauma with soft tissue back injuries. Plaintiff alleged that defendant was negligent in the operation of her vehicle. Defendant disputed plaintiff’s damages claim. The parties resolved the claims through a settlement agreement wherein defendant’s liability carrier would pay the plaintiffs $77,500.
Location: Cleveland County, Oklahoma
Case Name and Docket Number: Brannen v. Escobar, CJ-2014-01007

Jury Award for Neck, Back, and Hip Injuries

Type of Injury: Hip, back and neck injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $30,000
Case Summary: Plaintiff sued defendant, claiming that defendant’s negligence was the cause of a motor vehicle accident. Plaintiff alleged she sustained hip, back and neck injuries. During the jury trial, defendant admitted negligence so that 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 she claimed in conjunction to the accident. Jury awarded plaintiff $30,000. Plaintiff filed a motion for additur or in the alternative for a new trial. The court denied the motion.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: McCauley v. Baxter, CJ-2011-6037

Plaintiff Settles Soft-Tissue Neck and Back Injury Claims

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was rear-ended by defendant. This accident involved a moderate impact. Plaintiff claimed neck and back injuries from the accident. She argued that her prior back problems had resolved and the neck and back injuries from this accident caused exacerbation and re-injury of prior areas. Plaintiff’s chiropractic expert testified that plaintiff’s continuing physical problems were due to this accident. Defendant admitted liability but disputed that plaintiff’s continuing problems were related to the collision. The parties entered into a compromise agreement whereby the defendant agreed to pay the total sum of $30,000 to settle the claims.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Preibe v. Kinkeade, CJ-2015-03640

Plaintiff Hospitalized for Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $31,678
Case Summary: Plaintiffs, who were traveling in the same vehicle, came to a stop at a traffic light. They were subsequently rear-ended by defendant motorist. Both plaintiffs claimed soft tissue neck and back injuries. Plaintiff 1 spent four days in the hospital following the accident. Plaintiff2 claimed medical expenses of $2,500 and lost wages of $1,000. Plaintiff1 claimed medical expenses of $9,500. Liability was admitted. Defendant however contended that Plaintiff1’s hospitalization was not necessitated by the auto accident and Plaintiff2’s injuries were not causally related to the accident. The jury awarded $10,000 to Plaintiff2 and $31,678 to Plaintiff1.
Location: Pottawatomie County, Oklahoma
Case Name and Docket Number: Conley v. Johnson, CJ 2011-979

Child Passenger Suffers Herniated Lumbar-Sacral Disc

Type of Injury: Back injury-herniated disc at L5-S1
Type of Accident: Rear-End
Award/Settlement Amount: $50,000
Case Summary: Plaintiff, a minor, was a passenger in her mother’s vehicle. Plaintiff’s vehicle came to a stop in rush hour traffic and was rear-ended by defendant. Plaintiff sustained herniated disc at L5-S1 as a direct result of this accident. Liability was admitted two weeks before trial. Defendant however contended that plaintiff’s disc herniation was not causally related to this accident and claimed that plaintiff had merely suffered a whiplash injury which resolved. A compromise settlement was reached whereby defendant’s insurer would pay $50,000 in exchange for it and the defendant’s release from all accident-related claims. The court approved the terms of the settlement.
Location: Cleveland County, Oklahoma
Case Name and Docket Number: Armenta v. McAllister, CJ-2017-00497

Victim Settles Soft-Tissue Neck and Back Injuries Case

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $50,000
Case Summary: Defendant was operating his vehicle in rush hour traffic. He was attempting to cross a street to access a service road which ran parallel to the road he was traveling on. There was a car in the right eastbound through lane blocking defendant’s view of oncoming traffic in the far lane. He inched into the far lane and was struck by plaintiff motorist. Plaintiff claimed soft tissue neck and back injuries. Plaintiff argued that defendant failed to yield the right-of-way to oncoming traffic. Plaintiff’s injuries were not disputed. Parties subsequently entered into a settlement agreement whereby defendant’s insurer agreed to pay $25,000 for liability coverage and plaintiff’s insurer $25,000 for underinsured motorist coverage, in exchange for the release and discharge from all further liability related to the accident.
Location: Cleveland County, Oklahoma
Case Name and Docket Number: Kelm v. Willitzer, CJ-2011-780

Plaintiff with Thoracic Annular Tear, Shoulder Injury

Type of Injury: Connective tissue shoulder injury and a thoracic annular tear at T7
Type of Accident: Side-Impact
Award/Settlement Amount: $60,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting streets. Defendant entered an intersection from a stop sign in front of plaintiff’s oncoming vehicle, resulting in a ”T-bone” collision. This was a mild to moderate impact. Plaintiff claimed connective tissue shoulder injury and a thoracic annular tear at T7 as a direct result of this accident. Defendant disputed injury causation. She asserted that plaintiff had a preexisting back injury when he was struck by a golf club in the thoracic spine, resulting in similar complaints. Defendant also argued that plaintiff was involved in a prior motor vehicle accident with shoulder injuries. According to plaintiff, any preexisting injuries had resolved, and this impact caused new, acute symptoms. The parties settled the case shortly before trial for $60,000.
Location: Rogers County, Oklahoma
Case Name and Docket Number: Wheatcraft v. Dill, CJ-2015-00439

Teen Passenger with Neck and Back Injuries, Cervical Strain

Type of Injury: Neck and back injuries-cervical strain/sprain
Type of Accident: Side-Impact
Award/Settlement Amount: $65,000
Case Summary: Plaintiff, age 17, was a passenger in a vehicle operated by his mother when they were involved in a collision with a vehicle operated by defendant. Both vehicles were travelling through an intersection. Plaintiff claimed neck and back injuries. Plaintiff sought emergency treatment immediately following the accident and was diagnosed with a cervical strain/sprain. He presented a second time to the emergency room, followed by chiropractic care and physical therapy. Plaintiffs claimed that defendant failed to stop for a stop sign and failed to yield the right-of-way. Defendant acknowledged that the plaintiff was entitled to reimbursement of his initial emergency room visit, but argued that any subsequent treatment was excessive and unrelated to this accident. The parties subsequently settled the claim for $65,000.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Bolanos v. Galloway, CJ-2015-02788

Significant Soft-Tissue Back Injury Caused by Drunk Driver

Type of Injury: Soft tissue back injury
Type of Accident: Rear-End
Award/Settlement Amount: $80,000
Case Summary: Plaintiff stopped his vehicle for a red light and was rear-ended by defendant. Defendant was discovered to have a blood alcohol content (BAC) of .18. She later pled guilty to driving while intoxicated. Plaintiff claimed soft tissue back injury necessitating emergency room treatment, orthopedic care, physical therapy and three epidural injections. As a result of his injury, plaintiff claimed he could no longer work as a carpenter and took a job as a security guard. Defendant’s medical expert stated that plaintiff’s injury should have resolved within a few months without any job change. A settlement of $80,000 was reached. Per plaintiff’s counsel, State’s statutory punitive damages for DWI and the fact that there were policy limits of $100,000 influenced the settlement in this case.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: Colbert v. Good, CJ-2017-05192

Severe Injury Case Examples

Severe neck and back injuries from a car accident can be life-altering. Severe injuries include neck and back fractures, spinal cord injuries, disc damage, and paralysis. Some severe injury victims can never return to their pre-accident activities or employment.

Victim with Cervical Disc Herniations, Closed Head Injury, Leg Injury

Type of Injury: Closed head injury; Cervical discs herniation at C5-6; lower leg extremity injury
Type of Accident: Side-Impact
Award/Settlement Amount: $108,000
Case Summary: Defendant turned left into plaintiff’s lane of travel. He struck plaintiff’s car on the driver’s side. Plaintiff went to an emergency room immediately after the impact. He suffered a closed head injury, lower leg extremity injury, and cervical discs herniation at C5-C6. The cervical injury required surgical fusion. Plaintiff alleged defendant was negligent in failing to maintain proper control of his vehicle and failing to keep a proper lookout. Defendant denied both liability and damages. Parties reached settlement for $108,000 before trial.
Location: Oklahoma City, Oklahoma
Case Name and Docket Number: Janke v. Jackson, Jr., CJ-2004-680

Soft-Tissue Low Back Injury Requiring Steroid Injections

Type of Injury: Soft tissue low back injury
Type of Accident: Rear-End
Award/Settlement Amount: $125,000
Case Summary: At a traffic light, defendant rear-ended plaintiff’s car. Plaintiff claimed soft tissue low back injury. She claimed ongoing treatment for her back injury and was receiving one to two epidural steroid injections per year for an indefinite period. Defendant admitted liability for the accident. Defendant contended plaintiff’s low back injury was a preexisting condition and was not related to trauma from the auto accident. Despite the dispute, the parties agreed to a $125,000 pre-trial settlement. Per plaintiff’s counsel, the pain management specialist’s opinion regarding the necessity of future treatment affected the outcome of this case.
Location: Kay County, Oklahoma
Case Name and Docket Number: Mary v. Dewayne, CJ-2006-00194; CJ-2006-194

Plaintiff with Soft-Tissue Injuries, Herniated Cervical Discs

Type of Injury: Back injury- soft tissue injuries and herniated cervical discs at C4-7
Type of Accident: Rear-End
Award/Settlement Amount: $145,000
Case Summary: Plaintiff came to a stop to allow a truck to pull out of a construction site. Defendant rounded a curve and was unable to stop in time to avoid rear-ending plaintiff’s car. Plaintiff alleged she sustained soft tissue injuries and herniated cervical discs at C4-7 as a direct result of this accident. Plaintiff acknowledged preexisting injuries, but claimed the complaints she had following the accident were due to new injuries. Defendant disputed the extent of plaintiff’s injuries and contended that some or all of plaintiff’s injuries were preexisting. The parties reached a $145,000 settlement prior to trial.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Jaggers v. Cusumano, CJ-2011-6024

Jury Award for Cervical Disc Injuries Requiring Surgery

Type of Injury: Back injury-Cervical disc herniation
Type of Accident: Rear-End
Award/Settlement Amount: $208,785
Case Summary: Plaintiff was operating his vehicle when he was rear-ended by defendant’s vehicle. Plaintiff claimed he suffered a cervical disc herniation as result of the accident. He further contended that he required surgery because of this accident, resulting in a permanent impairment. Defendant admitted liability for the accident but disputed the extent of plaintiff’s injuries. Defendant argued that plaintiff had a significant history of lower back and neck pain and claimed that plaintiff’s complaints were not related to this accident. The case settled for $208,785.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Bridgeman v. Spyres, CJ-2018-05025

Defendant Challenges Low Back Injury, Cervical Strain

Type of Injury: Head laceration; Back injury-cervical strain
Type of Accident: Side-Impact
Award/Settlement Amount: $275,000
Case Summary: Plaintiff was broadsided by Defendant at an intersection. Plaintiff claimed head laceration and back strain because of the wreck. Liability was uncontested and the case proceeded on the issues of causation and damages. Defendant did not deny that plaintiff’s head laceration may have been caused by the accident. However, defendant vigorously disputed that the cervical injury was related in any way to the collision. Defendant argued that plaintiff’s cervical injury and $90,000 in medical expenses were related to the preexisting low back condition but ultimately agreed to a $275,000 settlement.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Lemons v. Rutledge, CJ-2010-7762

Child Suffers Brain Trauma, Neck Injuries, Leg Fractures

Type of Injury: Head injury-traumatic brain injury; leg fractures; injuries to neck and shoulder
Type of Accident: Pedestrian
Award/Settlement Amount: $1,650,000
Case Summary: Plaintiff, a 10-year-old boy, was struck by defendant’s vehicle at a shopping mall parking lot. Plaintiff’s mother accused defendant, a 78-year-old female of negligently reversing her vehicle in the parking lot and failing to see the minor. Defendant was operating a vehicle owned and maintained by co-defendant. Plaintiff sustained a traumatic brain injury, leg fractures and injuries to neck and shoulder. Plaintiff’s brain injury resulted in numerous deficits. He experienced problems with short-term memory and inattention, all of which were further exacerbated due to chronic pain from the neck and shoulder injuries. The defendants contested liability and the extent of plaintiff’s injuries. Jury returned a verdict of $1,650,000 in favor of plaintiff.
Location: Garfield County, Oklahoma
Case Name and Docket Number: Roberts v. Oklahoma Sur. Co., CJ-2009-00013

Woman with Cervical Spine Injury Left Paralyzed by Drunk Driver

Type of Injury: Back injury-Cervical spine injury; spinal instability-quadriplegia
Type of Accident: Side-Impact
Award/Settlement Amount: $1,975,000
Case Summary: Defendant was operating a car owned by co-defendant. Defendant was intoxicated when he negligently caused the vehicle he was operating to cross the median and struck plaintiff’s vehicle on the driver’s side. Plaintiff claimed she sustained cervical spine injury resulting in quadriplegia (paralysis) as a direct result of the accident. Defendants admitted liability on the first day of trial after having initially denied all claims. Plaintiff agreed to a $1,975,000 settlement.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Terrance v. Algan, CJ-2011-777

Methodology

Averages and ranges are derived from injury payouts made to plaintiffs in Oklahoma car accident lawsuits. This group focuses on plaintiffs with reported neck or back injuries, though many sustained multiple types of injuries.

Averages are calculated by adding the settlements and jury awards for the group, then dividing by the number of cases in the group. Extraordinarily high payouts in a group will skew the average higher for the group.

Final Award/Settlement Amounts reflect the final payout to an individual claimant in cases with more than one plaintiff.