Examine real California car accident payouts for neck and back injuries. Find cases similar to yours.

Here we’ve gathered and analyzed a group of real California car accident lawsuits with a focus on neck and back injuries.

The average payout in California for a moderate car accident neck or back injury is $47,421. Payouts range from $1,070 for minor soft-tissue injuries to $5,750,000 for severe injuries.

The neck and back injuries in this case group range from minor sprains to fractured vertebrae. These injuries are common to every kind of motor vehicle collision, from minor fender-benders to high-speed T-bone crashes.

Average California Neck and Back Injury Settlements

The amounts below are drawn from actual California car accident lawsuits involving a range of neck and back injuries. Each accident victim was compensated by a court award, mediation award, or pre-trial settlement.

Average Payout by Severity of Injury
Minor Neck-Back Injury	$7,668
Moderate Neck-Back Injury	$47,421
Severe Neck-Back Injury	$1,590,309
Payout Range by Severity of Injury
Minor Neck-Back Injury	$1,070 - $14,335
Moderate Neck-Back Injury	$15,000 - $90,277
Severe Neck-Back Injury	$100,000 - $5,750,000

While everyone in this case group sustained some type of neck or back injury, many car accident victims suffer multiple injuries. Settlements and jury awards are meant 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 compensation in California typically includes medical bills, out-of-pocket expenses, lost income, and an amount for the victim’s pain and suffering.

Severe injury claims must be handled by an experienced personal injury attorney to ensure the victim is adequately compensated for future losses and extreme pain and suffering.

Treatment Costs for Neck and Back Injuries

Insurance companies are only required to pay reasonable treatment costs for neck and back injuries. Reasonable costs are medically necessary based on current standards of medical care. Insurance companies will often challenge excessive treatment and alternative treatment methods.

• 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 California costs nearly $3,000. Add the costs of X-rays and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling approximately $3,500.
• 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 California:

• Impact Severity – Insurance companies and juries may be distrustful of high-dollar injury claims arising from low-impact fender benders.
• Shared Fault – California is a pure comparative fault state. You can file an injury claim against the other driver, even when you share fault for the accident. Your payout will be reduced according to your percentage of fault.
• Auto Policy Limits – California requires all drivers to carry insurance no less than $15,000 per person and $30,000 per accident bodily injury liability, and $5,000 property damage liability. The minimum won’t be enough to compensate for moderate to severe neck or back injuries.
• Uninsured/Underinsured – California requires insurers to offer uninsured (UMC) and underinsured (UIM) motorist coverage equal to your policy’s liability limits.
• Multiple Claimants – When two or more people are injured in the same crash, the at-fault driver’s per-accident limits may not be enough to fully pay out all claims.
• Punitive Damages: California only allows punitive or “exemplary” damages when the at-fault party is proven to be guilty of oppression, fraud, or malice.

Frequently Asked Questions

Minor Injury Case Examples

Car accident victims with minor soft-tissue neck and back injuries can be in pain for several days. After the initial medical exam, most people can recover at home with over-the-counter pain remedies. The victim may miss a few days of work and be fully recovered in a few weeks.

Small Award for Questionable Neck and Back Claim

Type of Injury: Soft tissue neck and back injuries
Severity Rating: Minor
Type of Accident: Side-impact
Award/Settlement Amount: $1,070
Case Summary: Plaintiff was driving a car northbound in the far right lane. Defendant was driving a pickup in the same direction, but one lane to the left. Near an intersection, defendant made an unsafe lane change to the right, and the right side of his pickup collided with the left side of plaintiff’ car, which then went off the roadway. Plaintiff claimed she suffered soft-tissue injuries to her neck and back. Defense counsel disputed the damages, pointing out that plaintiff had four prior motor vehicle accidents with similar injury claims. The jury awarded plaintiff only $1,070 for her hospital visit. In post-trial interviews, jurors reported that they did not believe plaintiff was really injured, nor did they think her testimony was credible.
Location: Sacramento County, California
Case Name and Docket Number: Hines v. Alcaraz, 04AS014388

Whiplash Neck Injury from Low-Impact Collision

Type of Injury: Whiplash injury to the neck
Type of Accident: Rear-end
Award/Settlement Amount: $2,500
Case Summary: Plaintiff was a passenger in an automobile stopped at a traffic light. While stopped, Plaintiff’s vehicle was rear-ended by a vehicle driven by Defendant. Liability was admitted and the case proceeded on issue of damages. Plaintiff alleged that the force of the impact caused her to suffer a severe whiplash injury to the neck, resulting in a 9% permanent partial disability. Defendant contended that this was a minor impact with no more than a scratch to plaintiff’s vehicle and plaintiff’s injuries could not have been caused by this accident. Jury awarded $2,500 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Begando v. Peterson, YC 041 783

Plaintiff’s Neck and Back Injury Award Reduced

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,898
Case Summary: Plaintiff was driving northbound. She stopped her vehicle at a red light at an intersection. Defendant, driving his pickup northbound, rear-ended plaintiff’s stopped vehicle. Plaintiff said she slowed, and then stopped, as the light turned from yellow to red. Her counsel introduced a witness, who confirmed plaintiff’s version of the event. Defendant argued that the plaintiff cut in front of him and then abruptly stopped at the red light. Plaintiff claimed soft tissue neck and back injuries for which she was treated by a chiropractor for nine weeks. Defendant’s expert witness testified that plaintiff may have suffered a mild sprain/strain injury, but treatment beyond a few days was unreasonable. Jury returned a verdict for plaintiff $4,831 gross, reduced to $2,898 net based on a finding of 40% comparative negligence.
Location: Contra Costa County, California
Case Name and Docket Number: Mangalindan v. Barker, CIV 501 2166

Exacerbation of Pre-Existing Neck and Back Conditions

Type of Injury: Soft tissue neck and back injuries; an exacerbation of preexisting underlying neck and back condition
Type of Accident: Rear-end
Award/Settlement Amount: $3,000
Case Summary: Plaintiff was driving her vehicle on a dark, rainy evening. Her vehicle was rear-ended by a vehicle driven by Defendant after plaintiff stopped at a stop sign. Plaintiff claimed soft tissue neck and back injuries and an exacerbation of preexisting underlying neck and back condition associated with prior accidents. Defendant admitted liability for the accident, but contended the minor accident did not cause plaintiff’s injuries. He argued that plaintiff may have suffered an aggravation of her pre existing injuries for a short period of time, but she did not sustain new injuries due to this accident. The jury returned a $3,000 verdict for plaintiff.
Location: Orange County, California
Case Name and Docket Number: Pierce v. Lana Thi Gray, 30-2015-00783934

Neck and Back Injury Award Reduced for Shared Fault

Type of Injury: Plaintiff driver-soft tissue injuries to the neck and back; and a knee contusion: Plaintiff passenger-soft tissue injuries to neck
Type of Accident: Side-impact
Award/Settlement Amount: $4,142
Case Summary: Plaintiffs were making a left turn from southbound to eastbound route. Defendant was making a left turn from a driveway on the south side of the street to go west. Plaintiffs’ vehicle was traveling at an estimated speed of 5-10 miles per hour. Plaintiffs contended that defendant violated their right-of-way while turning left onto the roadway they were on. Defendant said that plaintiffs ran straight into her, not while turning left. Plaintiff driver claimed soft tissue injuries to the neck and back, and a knee contusion. Plaintiff passenger claimed soft tissue injuries to neck. The jury awarded the plaintiffs’ a gross award of $8,284. The award was reduced to $4,142 based on the jury’s findings of 50% comparative negligence on the part of the plaintiff driver.
Location: Los Angeles County, California
Case Name and Docket Number: Chavez v. Julie Abbott, GC 025 248

Award to Plaintiff With Prior Neck and Back Injuries

Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $4,625
Case Summary: Defendant, who was operating her own vehicle, exited a side street and struck plaintiff’s vehicle broadside. Defendant admitted she struck plaintiff’s vehicle and the case proceeded on the issues of damages and proximate cause. Plaintiff claimed soft tissue neck and back injuries as a result of the collision. Plaintiff acknowledged she was involved in previous accidents and a subsequent accident with similar injuries. However, she argued that she recovered from her prior injuries before this accident. Defendant contended this minor accident did not cause plaintiff’s injuries. Further, defendant asserted that plaintiff was involved in prior and subsequent accidents with claims of similar injuries. The jury awarded plaintiff $4,625 in damages.
Location: San Mateo County, California
Case Name and Docket Number: Blondell v. Miller, 409962

Defendant Disputes Plaintiff’s Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was operating her vehicle east. At an intersection controlled by a traffic light, Defendant1 made a right turn from a red light in front of plaintiff’s oncoming vehicle. Plaintiff swerved to avoid a collision with Defendant1 and then came to a stop. However, plaintiff was rear-ended by Defendant 2. Plaintiff claimed soft tissue neck and back injuries which resolved. She also claimed medical expenses of $3,830 and approximately $1,500 for four weeks of lost wages. Defendants blamed each other for causing the accident. There was also a dispute regarding the nature and extent of plaintiff’s injuries. Jury returned a verdict plaintiff in the amount of $5,000.
Location: Los Angeles County, California
Case Name and Docket Number: Farahmand v. Ward II, BC523509

Defendants Liable for Plaintiff’s Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,446
Case Summary: Plaintiff was operating a vehicle with her sister as a passenger. Plaintiff activated her left turn signal and came to a stop waiting for traffic to clear so she could execute the turn. Defendant, who was operating a vehicle on the same street and in the same direction as the plaintiffs, failed to stop and rear-ended plaintiffs’ car. Plaintiffs’ vehicle sustained moderate property damage. Defendant was operating a vehicle owned by her father at the time of the collision. Defendants admitted liability. Plaintiffs alleged that they sustained soft tissue neck and back injuries as a result of this accident. Defendants disputed the plaintiffs’ injuries. A jury deliberated for 2.5 hours before returning a $12,892 verdict in favor of plaintiffs against both defendants.
Location: Sacramento County, California
Case Name and Docket Number: Toro v. Franco, 34-2010-00069054

Plaintiff Settles Neck and Back Strain Claim

Type of Injury: Soft tissue injuries-neck and back strain, headaches, and bilateral shoulder pain
Type of Accident: Rear-end
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was driving a truck while making deliveries for his employer. As Plaintiff was backing into the parking space, Defendant hit the rear of the delivery truck. Plaintiff claimed defendant was talking on a cell phone and failed to watch the traffic. Defendant argued she was in the curb lane intending to make a right turn when she noticed Plaintiff begin to back up. She attempted to alert him with her horn, but there was no response. He backed into her vehicle, which was in a parked position. Plaintiff claimed neck and back strain, headaches, and bilateral shoulder pain. The case settled for $6,500 prior to trial.
Location: San Diego County, California
Case Name and Docket Number: Taila v. Rivera, EC 17155

Trucker and Wife Sustain Neck Strains and Sprains

Type of Injury: Plaintiff 1-soft-tissue neck strains and sprains: plaintiff 2- soft-tissue neck strains and sprains; a small annular tear at the C4-5
Type of Accident: Side-impact
Award/Settlement Amount: $6,200
Case Summary: Plaintiff, a truck driver, was driving northbound with his wife, plaintiff 2, in the front passenger seat. They attempted to cross an intersection and broadsided a vehicle operated by defendant, who was making a left turn from southbound onto eastbound Road. Plaintiffs claimed that defendant failed to yield to oncoming traffic at the subject intersection. Defendant admitted liability for the accident. Plaintiffs were each diagnosed with soft-tissue neck strains and sprains, while plaintiff2’s diagnosis also included a small annular tear at the C4-5 level. Defense counsel contended that the plaintiffs were involved in a subsequent motor vehicle accident, and that all of their alleged injury complaints were related to that second accident. The parties ultimately agreed to a $12,400 settlement.
Location: Riverside County, California
Case Name and Docket Number: Cazeneuve v. Craig, RIC1120276

Truck Driver Liable for Victim’s Cervical Disc Injury

Type of Injury: Neck injury-Bulging disc at C5-C6
Type of Accident: Rear-end
Award/Settlement Amount: $6,700
Case Summary: Plaintiff was driving her car in heavy stop-and-go traffic. When she stopped, her car was rear-ended by a commercial truck driven by Defendant. Defendant admitted he was inattentive and struck the rear of plaintiff’s vehicle. The case proceeded to trial on the issues of proximate cause and damages. Plaintiff was initially diagnosed with a cervical disc bulge at C5-C6, but was diagnosed via MRI with a broad based disc herniation. She claimed she was asymptomatic before the accident, having recovered from a prior auto-related neck injury. Her treating physicians testified to the causal connection between the accident and plaintiff’s injury. Defendant argued that plaintiff’s claim for herniated discs was both degenerative in nature and related to the prior accident rather than this accident. The jury awarded plaintiff $6,700.
Location: San Francisco County, California
Case Name and Docket Number: Louie v. Cong Le, CGC-09-488895

Jury Award for Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: At an intersection controlled by a traffic light, Plaintiff’s vehicle was struck on the right side by Defendant, who had been traveling behind plaintiff and was attempting to pass plaintiff on the right. Plaintiff claimed defendant was responsible for the accident and his soft tissue neck and back injuries. Defendant argued that plaintiff signaled a left turn and then abruptly turned right in the path of defendant’s vehicle as defendant attempted to pass on the right. Defendant contended that plaintiff was comparatively negligent in that he signaled a left turn when he intended to turn right. Defendant also disputed the nature and extent of plaintiff’s injuries. Plaintiff denied he activated his left turn signal. After 3 hours of deliberation, jury awarded plaintiff $10,000 with no finding of comparative negligence.
Location: Los Angeles County, California
Case Name and Docket Number: Smolinski v. Darna, 00C01603

Defendant Challenges Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and Defendant were driving their respective vehicles on intersecting streets. At the intersection of the two roads, defendant ran a stop sign and broadsided plaintiff’s vehicle. As a direct result of the collision, plaintiff asserted that she suffered soft tissue neck and back injuries requiring treatment and resulting in permanent limitations in her neck and back. Defendant admitted liability, but disputed plaintiff’s damages. Defendant contended plaintiff had previously treated for lower back pain and not all of her injuries were directly related to this accident. Defendant argued that plaintiff was involved in a subsequent minor rear-end accident in which she claimed an aggravation of her injuries. A jury awarded $10,000 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Hayes v. Wong, CGC-09-486697

Lumbar and Thoracic Bruising with Joint Dysfunction

Type of Injury: Plaintiff 1-Back injuries- lumbar and thoracic bruising with joint dysfunction; and soft-tissue injuries in her neck and back. Plaintiff 2-soft-tissue injuries in entire right side of her body
Type of Accident: Side-impact
Award/Settlement Amount: $10,155
Case Summary: Plaintiff 1 was driving westbound with plaintiff 2 riding as a passenger. While making an unprotected left turn at an intersection, their auto was broadsided by defendant, who was heading eastbound on the same roadway. The plaintiffs alleged that defendant ran a red light and impacted their vehicle after it had already begun its turn. Plaintiff1’s examination revealed lumbar and thoracic bruising with joint dysfunction as well as soft-tissue injuries in her neck and back. Plaintiff 2, who complained of severe pain in the entire right side of her body, was diagnosed with soft-tissue injuries. Defendant denied running a red light and countered that Plaintiff1 failed to check that traffic was clear before beginning her left turn. Defendant argued that the chiropractic bills were excessive. Jury found for plaintiffs and awarded $4,576.32 for plaintiff1 and $10,154.97 for plaintiff 2.
Location: Alameda County, California
Case Name and Docket Number: Beckwith v. Tate, RG08395973

Jury Award for Soft Tissue Neck and Lower Back Strain

Type of Injury: Soft tissue neck and low back strain; chest wall strain
Type of Accident: Side-impact
Award/Settlement Amount: $10,434
Case Summary: Plaintiff was driving her vehicle through an intersection with the right-of-way when she was “T-boned” by a vehicle driven by Defendant. Defendant admitted that he failed to stop at a stop sign and struck plaintiff’s vehicle. This was a low speed accident. Plaintiff alleged that she suffered soft tissue neck and low back strain and a chest wall strain as a direct result of this accident. Plaintiff sought pain and suffering and loss of vacation time which she used for her recuperation. Defendant disputed the nature and extent of plaintiff’s claims. A jury returned a verdict of $10,434.37 for the plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Latour v. Zheng, CGC-11-508823

Rear-End Crash with Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,840
Case Summary: Plaintiff was driving during a snowstorm. He noticed an abandoned vehicle partially in the right lane ahead of him. He attempted to change lanes to avoid the disabled vehicle and was hit from behind by a car driven by Defendant. The impact caused plaintiff’s car to spin out of control and come to rest against a guardrail. Plaintiff claimed to have sustained soft tissue neck and back injuries as a direct result of this accident. Defendant contended plaintiff unexpectedly moved into his lane of travel and created a sudden emergency such that he could not avoid a collision. Defendant testified he was driving 35 mph and was unable to see in front of him because of the snowstorm. A jury awarded plaintiff $10,840.
Location: San Francisco County, California
Case Name and Docket Number: Marks v. Cortez, CGC-09-484399

Soft-Tissue Injuries to Neck, Shoulder, Lower Back

Type of Injury: Soft tissue injury to neck, shoulder and lower back; an aggravation of a previous neck condition
Type of Accident: Rear-end
Award/Settlement Amount: $12,143
Case Summary: Plaintiff was a passenger in a vehicle driven by his 80 year old mother. Their vehicle was stopped at a stop sign when it was rear-ended by a vehicle driven by Defendant. Defendant admitted liability. Plaintiff alleged that he sustained soft tissue injury to neck, shoulder and lower back as well as an aggravation of a previous neck condition as a direct result of this accident. Defendant claimed that this was a minor accident and plaintiff’s driver was comparatively negligent in stopping abruptly. Defendant also argued that plaintiff’s complaints preexisted this accident and disputed the nature and extent of the alleged injury. Jury awarded $12,143 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Lough v. Weinstein, OOC01655

Treatment Delay for Lumber Disc Protrusion

Type of Injury: Lower back injury-disc protrusion at L4-5
Type of Accident: Head-on
Award/Settlement Amount: $12,500
Case Summary: Plaintiff was traveling eastbound, and had reached a green light at an intersection. Defendant was driving his pickup truck west, in the same intersection. Plaintiff slowed down because there were two vehicles making a left turn in front of him. Plaintiff saw defendant, but assumed he was going to yield before turning. However, the two vehicles hit head on as defendant attempted a left turn in front of plaintiff. The defense admitted fault and argued damages. Plaintiff did not begin receiving treatment until nearly 3.5 weeks after the accident. He was treated by a chiropractor for two months. Subsequently, an MRI of the lower spine revealed a 6 mm posterior disc protrusion at L4-5. The defense argued that plaintiff sustained nothing more than soft-tissue injuries. The jury awarded plaintiff lump sum damages of $12,500.
Location: Sacramento County, California
Case Name and Docket Number: Bowers v. Roberts, 02AS02762

Aggravation of Pre-Existing Cervical and Lumbar Disc Injuries

Type of Injury: Soft tissue neck and back injuries; aggravation of pre-existing cervical and lumbar disc injuries
Type of Accident: Rear-end
Award/Settlement Amount: $14,335
Case Summary: Plaintiff came to a stop in heavy traffic near police station and his vehicle was rear-ended by a vehicle driven by defendant. The two drivers drove into the parking lot of the police station to exchange information and file a police report. Plaintiff claimed new soft tissue neck and back injuries as a result of the accident. Defendant admitted liability for causing this minor accident, but disputed injury causation and damages. Plaintiff sought orthopedic and chiropractic treatment and underwent a diagnostic MRI. He was diagnosed with aggravation of pre-existing cervical and lumbar disc injuries. Defendant contended that this minor accident could not have caused any serious injuries. Defendant maintained that plaintiff had extensive pre-existing problems from a prior accident. The jury awarded $14,335 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Mui v. Chen, CGC-13-534846

Moderate Injury Case Examples

Moderate neck and back injuries can include more serious sprains and strains, uncomplicated vertebrae fractures, slipped discs, and pinched nerves. Pain and stiffness from moderate injuries will last longer and can prevent the victim from working for several weeks or months. There may be lingering impairments.

Soft-Tissue Neck and Back Injury Settlement

Type of Injury: Soft tissue neck and back injuries; shoulder injury- mild supraspinatus tendinosis
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff stopped for a red light at an intersection. He was rear-ended by a vehicle operated by defendant. Plaintiff claimed that defendant was driving too fast for the street in question, and failed to slow and stop her vehicle in time to avoid the collision. Defendant admitted liability. Plaintiff went to the hospital the day after the accident, with complaints of pain in his neck, back and right, dominant shoulder. His neck and back injuries were of the soft-tissue variety, and he underwent a shoulder MRI that revealed mild supraspinatus tendinosis. Defendant claimed that plaintiff was involved in a prior motor vehicle accident, and that his orthopedic injuries were pre existing and degenerative in nature. The parties negotiated a settlement for $15,000.
Location: Contra Costa County, California
Case Name and Docket Number: Shipp v. Toole, CIVMSC10-00099

Partial Permanent Impairment of Lumbar Spine

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: The plaintiff came to a stop and was rear-ended by defendant’s vehicle. Plaintiff alleged that she sustained soft tissue neck and back injuries as a result of the collision. Plaintiff’s expert reported that plaintiff sustained a 10% permanent impairment of the lumbar spine. Defendant admitted liability and did not appear for trial. However, his attorney argued that plaintiff was not injured to the extent she claimed and disputed the value of plaintiff’s damages. Jury awarded plaintiff $15,000 for pain and suffering and $5,000 for past medicals.
Location: Orange County, California
Case Name and Docket Number: Clement v. Philippsen, 30-2012-00616828-CU-PA-CJC

Gap In Soft-Tissue Neck and Shoulder Treatment

Type of Injury: Soft tissue neck, shoulder and arm injuries
Type of Accident: Side-impact
Award/Settlement Amount: $20,500
Case Summary: Plaintiff was driving east. He claimed his car was struck broadside by another vehicle which exited a private drive. The offending vehicle was driven by Defendant 1 and owned by Defendant 2. Liability was admitted and the case proceeded on the issues of causation and damages. Plaintiff claimed soft tissue neck, shoulder and arm injuries. Plaintiff argued he sought treatment soon after the accident and again later when his injuries did not resolve. Plaintiff denied that a subsequent accident caused his problems. Defendant contended plaintiff was fit and trim and able to enjoy a quality life. Defendant argued that plaintiff had a six month gap in treatment following this accident and sustained injuries in another accident nine months after this one. The jury awarded $20,500 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Pierucci v. Hernandez, CGC-13-534589

Passenger with Soft-Tissue Lumbar Strain

Type of Injury: Back injury- soft tissue lumbar sprain; others-rib pain and back pain radiating into both ankles
Type of Accident: Side-impact
Award/Settlement Amount: $21,000
Case Summary: Plaintiff was a passenger in a vehicle. Defendant was operating his own vehicle on an intersecting street. At an intersection controlled by a stop sign, defendant struck plaintiff’s vehicle broadside. The impact forced plaintiff’s vehicle into a guardrail. Plaintiff claimed to have sustained soft tissue lumbar sprain, rib pain, and back pain radiating into both ankles, as a direct result of this accident, Defendant admitted liability, but disputed the nature and extent of plaintiff’s injuries. The jury deliberated for 2 hours before returning the verdict for plaintiff in the amount of $21,000.
Location: Fresno County, California
Case Name and Docket Number: Tiller v. Lundy, 11CECG01094

Soft-Tissue Neck Injury Resulting in Headaches

Type of Injury: Soft tissue neck injury resulting in headaches
Type of Accident: Rear-end
Award/Settlement Amount: $35,133
Case Summary: Plaintiff was a front-seat passenger in a vehicle driven by defendant. Defendant rear-ended another vehicle, causing plaintiff to strike her head on the windshield. Liability was admitted and the case proceeded on the issue of damages only. Plaintiff alleged that she suffered a permanent soft tissue injury of the neck resulting in headaches as a direct result of this accident. Defendant contended that plaintiff was not injured to the extent she claimed, arguing that any permanency was the result of two subsequent motor vehicle accidents in which she was involved. Jury awarded plaintiff $35,133. Per plaintiff’s counsel, evidence that plaintiff had two other lawsuits pending resulting from other motor vehicle accidents may have had an impact on the outcome.
Location: San Diego County, California
Case Name and Docket Number: Maggio v. Gregory, 37-2015-00037416-CU-PA-CTL

Neck and Back Pain with Head Trauma

Type of Injury: Head injury-two-to-three-inch laceration to the back of his head; neck and back pain; and brain damage, resulting in blurred vision, dizziness, difficulty sleeping and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $37,000
Case Summary: Plaintiff, 25, who was driving a utility truck, stopped for traffic and was rear-ended by a car driven by defendant. The force of the impact propelled plaintiff’s vehicle forward into the vehicle in front of him. Plaintiff struck his head on the rear window and the edge of a toolbox. He sustained a two-to-three-inch laceration to the back of his head; neck and back pain; and brain damage, resulting in blurred vision, dizziness, difficulty sleeping and headaches. Plaintiff claimed that he could not work after the accident, and that he was terminated as a result. The defendant admitted liability, but argued that methamphetamine use caused most of plaintiff’s problems. The parties settled for $37,000.
Location: San Bernardino County, California
Case Name and Docket Number: Bromage v. Schwalm, CIVVS702220

Defendant Liable for Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $37,815
Case Summary: Plaintiff slowed to make a left turn and was rear-ended by defendant. Plaintiff claimed that she sustained soft tissue neck and back injuries as a direct result of this accident. Defendant denied liability for the accident. She asserted that plaintiff failed to use a turn signal and came to a sudden stop. Defendant also disputed the amount of damages claimed by plaintiff. Defendant conceded liability during the trial but continued to dispute the value of the plaintiff’s claim. The jury awarded plaintiff $37,815.
Location: San Francisco County, California
Case Name and Docket Number: Escobar v. Lee, CGC-12-524940

Partial Disability from Neck Injury, Herniated Discs in Back

Type of Injury: Soft tissue neck injury; Back injury-two herniated discs
Type of Accident: Rear-end
Award/Settlement Amount: $38,522
Case Summary: Plaintiff came to a stop and her car was rear-ended by defendant’s vehicle. Plaintiff claimed she sustained a soft tissue neck injury and two herniated discs in her back as a direct result of this accident. She treated with a physical therapist for about one year post-accident and claimed a 10% permanent disability. She claimed $10,705 in past medical bills. Defendant admitted liability, but contended that plaintiff was not injured to the extent she claimed. Jury awarded $38,522 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Edwards v. McPeters, CGC-08-476232

Aggravation of Pre-Existing Degenerative Disc Disease

Type of Injury: Back injury-aggravation of pre-existing degenerative disc disease
Type of Accident: Rear-end
Award/Settlement Amount: $44,000
Case Summary: Plaintiff stopped his car as a result of traffic. A medium-sized truck owned by Defendant rear-ended a jeep that was behind plaintiff’s vehicle. The force of the impact propelled the jeep forward so that it rear-ended plaintiff’s vehicle. Plaintiff claimed that the accident aggravated his pre-existing degenerative disc disease, which he had sustained as a result of judo and motor vehicle accidents. Prior to the subject accident, he received several nerve blocks and epidural injections. After the subject accident, he underwent an MRI, which showed no significant changes. He continued receiving nerve blocks and epidural injections after the accident. Defendant denied liability and argued that plaintiff’s injuries were pre-existing. The parties settled for $44,000.
Location: Los Angeles County, California
Case Name and Docket Number: Seck v. American Moving Parts, SC097053

Cervical and Lumbar Herniated Discs, Torn Meniscus

Type of Injury: Back injury-discs herniations atL4-5; neck injury-disc herniations at C3-4; a torn meniscus of the left knee
Type of Accident: Side-impact
Award/Settlement Amount: $45,680
Case Summary: Plaintiff was driving a pickup truck southbound. Defendant was driving a car in the same direction, but had pulled off the road to allow some friends in another vehicle to pass, so that she could follow them. As she turned back onto the road, she was broadsided by the plaintiff’s vehicle. Plaintiff alleged that defendant made an unsafe and illegal turn, and that he could not avoid the accident because she pulled in front of him suddenly. Defendant argued that plaintiff was speeding and inattentive at the time of the accident. Plaintiff suffered a torn meniscus of the left knee, and herniations to his L4-5 and C3-4 discs. Defense argued that plaintiff would not have been injured if he had been wearing a seatbelt. Jury awarded plaintiff $45,679.70, finding each driver 50 percent liable.
Location: Riverside County, California
Case Name and Docket Number: Cuevas v. Pucci, RIC457716

Lower Back Injury with Radiating Pain to Leg

Type of Injury: Soft tissue lower back injuries
Type of Accident: Head-on
Award/Settlement Amount: $48,441
Case Summary: Plaintiff 1 was stopped in her vehicle on eastbound route. Defendant turned left in front of plaintiff2’s vehicle. The collision between Plaintiff2 and Defendant caused Plaintiff2’s vehicle to strike plaintiff1’s vehicle head-on. Plaintiff2 settled with defendant prior to trial for a confidential amount. Defendant conceded liability, and the matter went to nonbinding arbitration. The arbitrator awarded plaintiff 1 $50,000, but defendant’s insurer refused to pay. Thus, the matter continued to an expedited jury trial. Plaintiff1 sustained soft tissue injuries to her lower back. She claimed that this caused her to suffer from radiating pain from the left cheek of her buttocks to her left leg. Defense counsel noted that MRIs taken of plaintiff1’s lower back after the motor vehicle accident showed only degenerative changes and nothing significant. Jury awarded plaintiff $48,441.
Location: San Joaquin County, California
Case Name and Docket Number: Cearley v. Vann, 39-2010-00237523-CU-PA-STK

Aggravation of Pre-Existing Lower Back Injury

Type of Injury: Left knee injury; aggravation of a pre-existing lower back injury
Type of Accident: Side-impact
Award/Settlement Amount: $53,533
Case Summary: Plaintiff was driving his truck in the farthest right lane of northbound route. He entered an intersection and broadsided a car operated by defendant. Defendant was initially stopped at a stop sign. As she attempted to travel east, she crossed two southbound lanes and one northbound lane, but was broadsided by plaintiff’s truck as she was crossing the second northbound lane. Defendant had no injuries, but plaintiff claimed he injured his left knee and aggravated a pre-existing lower back injury. Defense counsel contended that plaintiff had sufficient time and distance to safely stop and avoid the collision. Thus, counsel argued that plaintiff was wholly, or partly, at fault for the accident. The jury found that defendant was 100 percent negligent. In addition, the jury determined that plaintiff’s damages totaled $53,533.43.
Location: San Diego County, California
Case Name and Docket Number: Castro v. Zimmerman, 37-2013-00051343-CU-PA-CTL

Neck and Back Injuries with Disc Protrusions

Type of Injury: Neck and back injuries-unspecified disc protrusions
Type of Accident: Rear-end
Award/Settlement Amount: $57,000
Case Summary: Plaintiff was stopped at an intersection. Defendant failed to stop behind him, resulting in a rear end collision. Plaintiff claimed he sustained cervical and lumbar disc protrusions as a result of this accident. Defendant conceded liability but claimed that plaintiff’s injuries were not a result of the incident in question but, either degenerative changes and/or caused by a subsequent motor vehicle accident. The jury returned a $57,000 verdict in favor of plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Villalobos v. Aranda, MC023611

Permanent Neck, Back, and Head Injuries

Type of Injury: Neck, back and head injuries which frequent headaches
Type of Accident: Side-impact
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was stopped in traffic. He attempted to make a left turn when Defendant broadsided his car as she was traveling in the oncoming lane. Both vehicles sustained severe property damage. Defendant admitted liability and the case proceeded on causation of damages and injury only. Plaintiff alleged that the wreck was the proximate cause of his cervical, lumbar, and head injuries which included frequent headaches. Plaintiff alleged he was unable to work for six months and claimed approximately $30,000 in past wage loss. Plaintiff’s orthopedist testified that plaintiff’s injury was permanent. Defendant argued that the job offer plaintiff’s wage loss claim was based upon was exaggerated. Jury awarded plaintiff $60,000.
Location: San Mateo County, California
Case Name and Docket Number: Lazaro v. Chen, CIV531605

Lumbar and Leg Injuries with Lingering Symptoms

Type of Injury: Soft tissue lumbar and leg injuries
Type of Accident: Side-impact
Award/Settlement Amount: $67,340
Case Summary: Plaintiff was a passenger in a car which was broadsided by defendant’s vehicle. Defendant was exiting a private lot when she drove out into the path of plaintiff’s vehicle. She admitted liability for causing the moderate impact accident just prior to trial. Plaintiff alleged he sustained lower back and leg injuries as a direct result of this accident. Plaintiff claimed that, even though he did not treat for several months after the accident, he continued to experience symptoms and sought treatment when the injuries did not resolve. Defendant acknowledged that plaintiff sought emergency treatment after the accident, but argued that plaintiff had no follow-up treatment for 4.5 months and any complaints at that time were unrelated to the collision. A jury returned a $67,340 verdict for plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Sivarajah v. Peck, BC546090

Lumbar Disc Herniation After Fender Bender

Type of Injury: Back injury-Lumbar disc herniation resulting in pain in leg
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was stopped at a red light when his vehicle was tapped from behind by another vehicle. Defendant told the investigating officer at the scene that her foot had slipped off the brake after she had come to a stop and that she rolled into plaintiff’s vehicle. Plaintiff did not receive any medical treatment until several months later, when he presented to his physician with complaints of leg pain. He sought additional treatment when the pain was unrelenting and progressed to his lower back. Approximately six months after the accident, plaintiff was diagnosed with lumbar disc herniation. He claimed his leg and back pain were the result of pressure caused by the herniation. Defendant contended that the force of the impact was insufficient to have resulted in the claimed injuries. Jury awarded $75,000 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Fernandez v. Perez, BC596045

Taxi Passenger Sustains Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $87,346
Case Summary: Plaintiff was a back-seat passenger in a taxi driven by defendant 1 and owned by defendant 2. Defendant 3, who was operating his own vehicle, was attempting to make a left turn when defendant1 tried to pass him on the left at a speed greater than the 25-mph speed limit, resulting in a broadside accident. Plaintiff presented to a local emergency room with complaints of neck and back pain. He was diagnosed with soft tissue cervical and lumbar injuries. Defendant1 and defendant2 asserted that defendant3 was the at-fault driver, arguing that defendant3 made a sudden left turn after signaling his intention to make a right turn. Defendant3 did not appear for trial. The defense also contended that plaintiff’s complaints were unrelated to this accident. Jury attributed 100% liability to defendant1 and determined that plaintiff’s damages totaled $87,346.
Location: Santa Clara County, California
Case Name and Docket Number: Navarro v. Rodriguez, 1-08-CV-119487

Jury 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: $90,277
Case Summary: While stopped for traffic, Plaintiff was rear-ended by a vehicle driven by Defendant. Defendant admitted he struck plaintiff’s vehicle in the rear. Plaintiff alleged that defendant had sufficient time to stop before striking his vehicle, despite the curving nature of the road. Plaintiff claimed he suffered neck and back soft tissue injuries as a direct result of the accident. He asserted that his cervical injury resolved, but he had extended low back problems. Defendant contended he was faced with a sudden emergency as traffic had stopped around a curved and hilly section of the road and he had no time to stop. Defendant argued that plaintiff presented no traditional objective evidence of injury. Jury awarded plaintiff $90,277, primarily for his medicals.
Location: Riverside County, California
Case Name and Docket Number: Grover v. Olivo, RIC1119786

Severe Injury Case Examples

Severe neck and back injuries include neck and back fractures, spinal cord injuries, disc damage, and permanent nerve damage. The victim can be left with permanent disabilities that prevent them from resuming the work and activities they enjoyed before the accident.

Policy Limits for Lumbar Strain With Bulging Disc

Type of Injury: Back injury-3-millimeter lumbar sprain and strained disc bulge
Type of Accident: Head-on
Award/Settlement Amount: $100,000
Case Summary: Plaintiff alleged that a third motorist was waiting in the left turn lane, followed by plaintiff in her vehicle on the westbound side. At the same time, defendant was driving eastbound, failed to stop at a red signal, and collided with the third motorist’s approaching vehicle. The impact forced the third motorist’s vehicle to collide with the front of plaintiff’s vehicle. Plaintiff was transported via ambulance from the accident scene to a Hospital, where she was diagnosed with 3-millimeter lumbar sprain and strained disc bulge. She treated conservatively with physical therapy. Defendant did not admit liability, but did not vigorously dispute it. Before the trial began, the case settled for $100,000. Per plaintiff’s Counsel, defendant’s Insurer paid its policy limit of $50,000. The remaining $50,000 was procured as per plaintiff’s $100,000/$300,000 UIM policy.
Location: Orange County, California
Case Name and Docket Number: Hartley v. Lee, 30-2010-00402665

Settlement for Back Injury, Lumber Disc Protrusion

Type of Injury: Back injury-a disc protrusion at L4-5
Type of Accident: Side-impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was driving his truck northbound in the left no. 1 lane of two lanes. As plaintiff began to pass an 18-wheeler big rig truck on his right, in the no. 2 lane, the truck driver suddenly attempted a left turn and sideswiped his truck, causing him to veer into the southbound no. 1 lane. Plaintiff underwent an MRI of his lumbar spine, which revealed a disc protrusion at L4-5. He underwent surgery at L4-5 to treat the injury and followed up with physical therapy. Plaintiff alleged the defendant driver was negligent in the operation of the big rig, for being inattentive when making a left turn. Defendants did not contest liability, but disputed the nature and extent of plaintiff’s claimed injuries. Prior to trial, the parties negotiated a settlement in which plaintiff recovered $200,000.
Location: Ventura County, California
Case Name and Docket Number: Boczko v. Swift Transportation Company, 201000371828CU-PASIM

Bulging Lumbar Disc with Permanent Restrictions

Type of Injury: Back injury-a bulging lumbar disc
Type of Accident: Side-impact
Award/Settlement Amount: $419,842
Case Summary: Plaintiff was driving his vehicle with his 4 year old daughter as a passenger. He was driving with the right-of-way on a two-lane avenue when he broadsided a vehicle driven by Defendant 1. Defendant1 attempted a left turn from the right lane into the path of plaintiffs’ vehicle. Defendant2 owned the vehicle defendant1, an employee, was driving. Plaintiff driver claimed he sustained a bulging lumbar disc that limited his ability to work as a laborer, as the injury left him with permanent lifting and bending restrictions. Plaintiff passenger was not physically injured in the accident, but was evaluated at the emergency room following the accident. Plaintiff driver denied he was speeding and claimed significant property damage to his vehicle. Defendants disputed both liability and damages, but the jury awarded $419,842 to the plaintiffs.
Location: Los Angeles County, California
Case Name and Docket Number: Rodriguez v. Parkson, KC065118

Permanent Partial Disability of Thoracic Spine, Head Injuries

Type of Injury: Head injury-a closed head injury resulting in migraine headaches; soft tissue neck and back injuries resulting in 20% permanent partial disability of his thoracic spine
Type of Accident: Side-impact
Award/Settlement Amount: $814,043
Case Summary: Plaintiff was driving a truck on a side street, nearing a stop sign intersection. Plaintiff had the right-of-way at the intersection. Defendant, an elderly man, disregarded his stop sign and broadsided plaintiff’s truck at 40 m.p.h. Plaintiff’s truck was forced into a tree and plaintiff struck his head on the windshield on impact. His truck sustained $12,000 in property damage. Defendant was cited for disregarding a stop sign. Plaintiff alleged he suffered a closed head injury, as well as soft tissue neck and back injuries as a direct result of the collision, resulting in 20% permanent partial disability of his thoracic spine and migraine headaches. Defendant contended that plaintiff was exaggerating the severity of his injuries. Jury deliberated for 4.0 hours before returning a verdict of $814,043 in favor of plaintiff.
Location: Santa Clara County, California
Case Name and Docket Number: Avery v. McKee, 17CV309914

Fusion Surgery for Herniated Cervical Discs

Type of Injury: Neck injury-herniated cervical discs requiring a three level disc fusion surgery
Type of Accident: Rear-end
Award/Settlement Amount: $956,633
Case Summary: Plaintiff was a passenger in a vehicle. Plaintiff’s vehicle came to a stop to make a left turn. At the same time, defendant suffered a cramp in her right foot and removed her shoe. As a result, she was unable to press her brake pedal properly and rear-ended plaintiff’s host vehicle. Plaintiff suffered herniated cervical discs requiring a three level disc fusion surgery. Following surgery, plaintiff had less mobility in her neck. Plaintiff admitted to having a pre existing neck problem, but claimed it was asymptomatic before the collision. Defendant did not admit liability and contested damages. Defendant contended that plaintiff’s pre existing neck condition caused part of her neck pain. Plaintiff was awarded $956,633 by a jury.
Location: Los Angeles County, California
Case Name and Docket Number: Moran v. Share, BC566116

Neck Injury with Cervical Disc Replacement Surgery

Type of Injury: Neck injury resulting in cervical disc replacement surgery
Type of Accident: Rear-end
Award/Settlement Amount: $1,005,000
Case Summary: Plaintiff was driving when she was rear-ended in heavy traffic by an underinsured motorist. The motorist ultimately agreed to tender his policy limits. Plaintiff then sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Defendant. Plaintiff claimed she sustained cervical injuries. She initially underwent conservative treatment, which provided minor relief. She was advised she was a candidate for cervical disc replacement surgery, but opted to first undergo an epidural injection. She claimed the epidural injection failed to resolve her neck complaints, and she subsequently decided to proceed with surgery. Defendant disputed the nature and extent of plaintiff’s injuries and treatment. The matter settled for the $1 million underinsured-motorist policy limit, plus $5,000 in medical payment benefits.
Location: Los Angeles County, California
Case Name and Docket Number: Betz v. Arch Insurance Company, ARLC-1427A2

Aggravation of Pre-Existing Cervical and Lumbar Conditions

Type of Injury: Back and neck injuries- aggravation of preexisting cervical and lumbar conditions
Type of Accident: Rear-end
Award/Settlement Amount: $1,083,902
Case Summary: Plaintiff was a passenger in her husband’s vehicle. The vehicle was struck from behind by Defendant’s car while traveling in a stop-and-go traffic. Plaintiff sought immediate medical attention for aggravation of preexisting cervical and lumbar conditions. She ultimately underwent two surgeries for repair of cervical and lumbar vertebrae. Plaintiff maintained that the exacerbation and subsequent surgeries were the result of the rear-impact collision. Defendant admitted liability, but disputed the proximate cause of plaintiff’s personal injuries. Defense experts concluded that plaintiff’s injuries predated the accident and the surgeries were due to degenerative changes, not the motor vehicle collision. The parties settled for $1,083,902 at the conclusion of a one day mediation.
Location: San Bernardino County, California
Case Name and Docket Number: Perez v. Ilies, CIVDS1602356

Pedestrian Suffers Herniated and Protruding Lumbar Discs

Type of Injury: Back injury-herniated and protruded discs at L4-L5
Type of Accident: Pedestrian
Award/Settlement Amount: $1,313,355
Case Summary: Plaintiff was driving a car, approaching an intersection, when he hit black ice and spun out of control. Plaintiff’s vehicle came to a stop on the roadway and he exited the vehicle. Defendant2 approached plaintiff’s stopped vehicle from behind. She attempted to brake, but the black ice caused her to lose control of her vehicle and collide with plaintiff’s vehicle. The force of impact caused plaintiff’s vehicle to strike him, and propel him roughly 19 feet. Freezing temperatures and a leaking, 30-inch main water valve under the roadway caused the black ice. Plaintiff alleged a herniated and protruded disc at L4-L5. Defendant1 argued that it could not repair the leaking water valve because of a citywide moratorium on street repairs. Jury awarded plaintiff $1,313,355, finding that defendant1 created a dangerous condition and was 100 percent liable.
Location: Los Angeles County, California
Case Name and Docket Number: Pinchuk v. Los Angeles Department of Water and Power, LC080048

Multiple Herniated Lumbar Discs, Hip Fracture

Type of Injury: Hip injury-comminuted fracture of right femur; Back injury-herniated discs at L2-L3 and L5-S1; and sprained knee
Type of Accident: Head-on
Award/Settlement Amount: $1,700,000
Case Summary: Plaintiff was driving his van. Defendant 1,19, who suffered from narcolepsy and cataplexy, approached from the opposite direction. While attempting to pass another vehicle, defendant suffered a sleep episode, which caused him to cross into plaintiff’s lane of travel and to strike plaintiff’s van head-on. Within a split second, Defendant 2, who was following behind plaintiff, rear-ended plaintiff’s van. Plaintiff suffered a comminuted fracture of right femur requiring three surgeries, herniated disc in back at L2-L3 and L5-S1, and sprained knee. Plaintiff alleged that Defendant1 was negligent in speeding and in passing in a no passing zone. Defendant 1 Contended that he was not liable because he had no advanced notice of the narcoleptic episode. Defendant2 contended that he was faced with the same emergency which confronted plaintiff and that he acted in a like manner. Case settled for $1,700,000.
Location: Alameda County, California
Case Name and Docket Number: Hall v. Harelson, RG10517200

Discectomy and Fusion Surgeries for Herniated Discs

Type of Injury: Back injury-herniated lumbar disc at the L5-S1 level
Type of Accident: Rear-end
Award/Settlement Amount: $2,860,914
Case Summary: Plaintiff was a passenger in a vehicle when it was involved in a multi-vehicle, rear-end collision. The crash occurred when an intoxicated driver, defendant 1, while within the scope of his employment with defendant 2, struck the vehicle in front of him, resulting in the collision of multiple vehicles, including the lead vehicle, which contained plaintiff. Defendant1 admitted liability and admitted that his negligence caused harm to plaintiff. Plaintiff claimed he sustained a herniated lumbar disc at the L5-S1 level. Plaintiff ultimately underwent two surgeries, including a discectomy and a one level fusion two months prior to trial. Defendants’ orthopedic surgery expert saw plaintiff during an independent medical exam and opined that there was no evidence of trauma from the motor vehicle incident with defendant. The jury determined that plaintiff’s damages totaled $2,860,914.
Location: Sacramento County, California
Case Name and Docket Number: Record v. Reese, 34-2013-00147667

Pelvic and Lumbar Spine Fractures, Traumatic Brain Injury

Type of Injury: Head injury-Traumatic Brain Injury and skull fracture-others pelvic and spinal fractures at L3 and L4
Type of Accident: Side-impact
Award/Settlement Amount: $2,880,984
Case Summary: Plaintiff was operating her vehicle at an intersection. Upon entering the intersection, she was broadsided by a van driven by defendant 1, an employee of defendant 2. The intersection was controlled by a traffic light. Plaintiff alleged that defendant1 ran a red light. Witnesses to the accident and the police report supported plaintiff’s assertion. Plaintiff was transported from the scene to a hospital, where she was treated for skull, pelvic and spinal fractures at L3 and L4. She also claimed a traumatic brain injury as a result of the head injury. She was in a coma for 25 days. Plaintiff underwent cervical fusion, physical therapy, occupational therapy and speech therapy, and required the use of a prism due to blurred vision. Defendants admitted liability and agreed to a $2,880,984 mediated settlement.
Location: Sacramento County, California
Case Name and Docket Number: Muniz v. Vanrein, 34-2012-00130385-CU-PA-GDS

Soft-Tissue Back Injury, Fractured Ribs, Punctured Lung

Type of Injury: Ribs injury-eight fractured ribs; others-two punctured lungs, mild ulnar neuropathy of right arm above the elbow and soft tissue injury to back
Type of Accident: Rear-end
Award/Settlement Amount: $5,750,000
Case Summary: Eight fractured ribs, two punctured lungs, mild ulnar neuropathy of right arm above the elbow and soft tissue injury to back. Plaintiff was hospitalized for 6 days with bilateral chest tubes inserted for 2 or 3 days. He continued to have discomfort in his arm when raising it above shoulder level. He was assessed with a 10% impairment of the right arm and a 25% impairment of the back due to right ulnar neuropathy. Plaintiff claimed $20,000 in past medicals and lost wages of $250,000 to $500,000.
Location: Alameda County, California
Case Name and Docket Number: Ringseth v. Lea , RG18895260

Methodology

Averages are drawn from awards and settlements made to injured plaintiffs in California car accident lawsuits. All the cases in this group involve neck and back injuries, and many victims also sustained other types of injuries.

Averages are calculated by adding up all 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. Exceptionally high payouts will skew the average higher for that group.

Final Award/Settlement Amounts reflect the final payout to the claimant after reductions for shared fault. In cases with two plaintiffs, the amount reflects the highest payout to one individual plaintiff.