Explore a collection of actual Texas car accident payouts for neck and back injuries. Look for cases similar to yours.
The average payout in Texas for a moderate car accident neck or back injury is $38,492. Payouts range from $2,226 for minor soft-tissue injuries, to $23,500,000 for catastrophic injuries.
Neck and back injuries happen in all types of car accidents, from low-impact fender-benders to head-on collisions. The Texas cases in our sample group range from minor sprains to a broken neck resulting in quadriplegia.
Average Texas Neck and Back Injury Settlements
Averages and ranges are drawn from a group of real Texas car accident cases involving neck and back injuries. All the cases in our group resulted in a payout to the plaintiff. Read more about our Methodology at the bottom of this page.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Neck-Back Injury | $8,224 |
| Moderate Neck-Back Injury | $38,492 |
| Severe Neck-Back Injury | $574,269 |
Payout Range by Severity of Injury |
|
| Minor Neck-Back Injury | $2,225- $13,250 |
| Moderate Neck-Back Injury | $15,000 - $84,085 |
| Severe Neck-Back Injury | $117,000 - $23,500,000* |
While all the victims in this case group suffered neck or back injuries, many car accident victims suffer multiple injuries. Car accident settlements and awards are intended to compensate the victim for all their damages from the accident, not just one particular injury.
How Neck and Back Injury Settlements are Calculated
Car accident settlements are primarily based on the injured person’s medical expenses, lost wages, and the victim’s non-economic damages, like pain and suffering.
Severe injuries deserve higher payouts because of the victim’s higher medical bills, lost wages, future medical care, loss of income earning capacity, and the extreme pain and emotional distress the victim will suffer.
Treatment Costs for Neck and Back Injuries
Insurance companies are only required to pay reasonable costs for the evaluation, treatment, and rehabilitation of neck and back injuries. Adjusters consider a cost reasonable when it is 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 Texas costs over $2,300. Add the costs of X-rays and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling approximately $3,000.
- Broken Back or Neck – Uncomplicated fractures of the vertebrae 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 Texas:
- Impact Severity – Adjusters will dispute excessive treatment bills for soft-tissue injuries arising from minor fender-benders.
- Shared Fault – Texas is a modified comparative fault state. You can be barred from any compensation if you are more at fault than the other driver for causing the accident. If you are less at fault, your compensation will be reduced according to your share of the fault.
- Auto Policy Limits – Texas requires all drivers to carry insurance no less than $30,000 per person and $60,000 per accident bodily injury liability, and $25,000 property damage liability.
- Uninsured/Underinsured – Texas requires insurance companies to offer uninsured and underinsured motorist coverage, but the policyholder has the right to refuse this coverage. With UM and UIM coverage you have a source of compensation when the other driver has little or no liability insurance.
- Multiple Claimants – When two or more people are badly injured in the same accident, there may not be enough liability insurance to fully compensate all victims.
- Punitive Damages – Punitive damages in Texas are allowed when the defendant acted with fraud, malice, or gross negligence, and are limited to twice the economic damages awarded to the plaintiff, plus an amount equal to the non-economic damages, up to $750,000.
- Commercial Policies – When the at-fault driver was operating a commercial vehicle, like a bus or tractor-trailer, higher insurance limits are often available to compensate the victims. Commercial liability policies often have multi-million dollar limits.
Frequently Asked Questions
Case Examples
The cases below are drawn from real Texas car accident lawsuits filed by plaintiffs with neck and back injuries. Some plaintiffs sustained other injuries as well. Looking at cases similar to yours can help you arrive at a reasonable estimate of your own potential claim value.
Minor Injury Case Examples
Car accident victims with minor neck and back injuries can expect a full recovery in a few weeks. Minor soft-tissue injuries can be tender and sore for several days. These types of injuries can keep the person out of work for several days, depending on the physical requirements of their job.
Soft-Tissue Neck Injuries with Disputed Headaches
Type of Injury: Soft tissue neck injuries; headaches
Type of Accident: Rear-end
Award/Settlement Amount: $2,226
Case Summary: Plaintiff stopped for a red light. Defendant driver, misjudged the distance between their cars and struck the rear of plaintiff’s vehicle. Defendant admitted liability for the accident and the case proceeded on the issues of proximate cause and damages. Plaintiff alleged that she seriously injured her neck as a direct result of the accident and that her headaches were unrelated to preexisting migraine headaches. Defendant contended that plaintiff: did not suffer serious injuries in the accident; did not treat for her alleged headaches until two months post-accident; and did not suffer from headaches as a result of the accident, rather they were migraine headaches which preexisted the accident. Jury awarded plaintiff $2,226.
Location: Tarrant County, Texas
Case Name and Docket Number: Burns v. Carroll, 67th-268144-13
Credibility Questioned Over Neck and Back Complaints
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $2,500
Case Summary: Plaintiff was traveling in his vehicle on a primary roadway. Defendant, who was operating a van, was attempting to exit a parking lot onto the primary road. Plaintiff’s vehicle hit the side of defendant’s van as defendant exited the parking lot. Plaintiff alleged defendant was negligent in failing to maintain a proper lookout and yield the right-of-way. He claimed to have suffered soft tissue neck and back injuries because of this accident. Defendant contended that plaintiff was speeding. According to defendant, he would have had ample opportunity to exit the parking lot safely if plaintiff had not been speeding. Defendant disputed the credibility of plaintiff’s personal injury and lost wage claims. A jury awarded $2,500 to plaintiff.
Location: Angelina County, Texas
Case Name and Docket Number: Cooper v. Hill, CV-00790-11-08
Pain Blamed on Discontinuing Back Injury Treatment
Type of Injury: Soft tissue back injury; leg lacerations
Type of Accident: Side-impact
Award/Settlement Amount: $4,016
Case Summary: Plaintiff was operating her vehicle in the left lane of Route A. Defendant, who was operating his own vehicle on a side street, proceeded to cross Route A from a stop sign and collided with plaintiff’s oncoming vehicle. The force of the collision pushed plaintiff’s vehicle off the roadway and into a ditch. Liability was admitted. Plaintiff alleged that she sustained leg lacerations and a soft tissue back injury as a direct result of this accident. Plaintiff asserted that her activities were limited because of ongoing back pain. Defendant counsel contended that plaintiff discontinued her own medical treatment and her failure to continue with that treatment was the cause of her ongoing problems. Plaintiff was awarded $4,016 by a jury. Per plaintiff’s Counsel, defendant could not be located for trial and did not testify.
Location: Tarrant County, Texas
Case Name and Docket Number: Umue v. Phannenstiel, 96th-25874-11
Settlement for Soft-Tissue Lower Back Injuries
Type of Injury: Soft tissue injuries to her lower back
Type of Accident: Side-impact
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles along a two-lane highway in the same direction. A slow-moving truck with farm equipment towed behind was also on the same road. Defendant was driving directly behind the truck and plaintiff’s vehicle was behind defendant. As soon as there was a break in traffic and a section of road cleared for passing, both plaintiff and defendant attempted to pass the truck at that same time. As plaintiff pulled out from the back of the line into the opposite lane, defendant also pulled out and struck plaintiff’s vehicle on the side. Plaintiff claimed she suffered soft tissue injuries to her lower back. Defendant argued that he did not know plaintiff was already in the passing lane. The parties reached a $5,000 settlement during trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Tave vs. Connally, Sr, CC-13-03537-3
Plaintiff Claims Serious 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 driving her vehicle and had stopped at a lighted intersection when she was struck in the rear by a vehicle driven by Defendant. The significant impact knocked plaintiff’s vehicle through the intersection. Defendant admitted liability as he had fallen asleep at the wheel of his car. Plaintiff alleged that she suffered serious soft tissue neck and back injuries as a direct result of the accident. Defendant contended that plaintiff exaggerated her complaints and if she had medical problems, they were unrelated to the accident. Case settled for $5,000 prior to trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Hernandez v. Farrell, 352nd-258241-12
Bulging Cervical Discs Resulting in Migraines
Type of Injury: Neck injuries-bulging cervical discs resulting in migraine headaches and muscle spasms; others-soft tissue neck and back injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $6,412
Case Summary: Defendant was stopped in front of a shopping mall, with plaintiff stopped behind him. Defendant backed into the front of plaintiff’s vehicle. This was a low impact collision. Plaintiff alleged that defendant was negligent in the operation of his vehicle. Plaintiff claimed bulging cervical discs resulting in migraine headaches and muscle spasms, as well as soft tissue neck and back injuries. Defendant admitted liability but disputed the extent of plaintiff’s injuries. He contended that the accident did not cause all the alleged symptoms or plaintiff’s neck and back condition. The case settled for $6,412.
Location: Tarrant County, Texas
Case Name and Docket Number: Iguilar v. Sopez, 48th-259484-12
Aggravation of Pre-Existing Lumbar Condition
Type of Injury: Back injury-aggravation of preexisting lumbar condition
Severity Rating: Minor
Type of Accident: Rear-end
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was driving her vehicle in traffic. Plaintiff came to a stop and was subsequently rear-ended by a vehicle driven by Defendant. This was a moderate speed accident. Plaintiff alleged that defendant caused the accident by failing to stop in time. She also argued that the impact was sufficient to cause aggravation of an underlying lumbar condition. Defendant did not vigorously dispute liability. According to defendant, she was distracted by police cars responding to an emergency. Defendant contended that plaintiff suffered from preexisting conditions which were unrelated to this accident and any complaints were not caused by this impact. The jury returned a $6,500 verdict in favor of plaintiff.
Location: Dallas County, Texas
Case Name and Docket Number: Strachan v. Patel, 192nd-12-12905
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: $6,600
Case Summary: Plaintiff was driving in a commercial area when she attempted a left turn with a green arrow. She claimed she was “T-boned” while turning by a vehicle driven by defendant. Plaintiff alleged that defendant driver caused this accident and was responsible for her soft tissue neck and back injuries. Defendant did not vigorously dispute liability or the plaintiff’s claim of soft tissue neck and back injuries. The jury awarded plaintiff $6,600 after deliberating 1 hour.
Location: Collin County, Texas
Case Name and Docket Number: McReynolds v. Hutchinson, 2960352904
Neck and Back Injuries with Headaches
Type of Injury: Soft tissue back and neck injuries; Headaches
Type of Accident: Rear-end
Award/Settlement Amount: $8,025
Case Summary: Plaintiff was traveling north. Behind him was a third party. Defendant, an unlicensed 14-year-old driver, was behind the third party. Defendant was following a sport utility vehicle. The driver of that vehicle made a lane change due to the traffic ahead. Defendant could not stop and struck the rear of the third party, who was stopped at the time of impact. The collision drove the third-party car forward into the rear of plaintiff. Plaintiff treated at a chiropractic clinic for neck and back pain and headaches. Plaintiff sued defendant for motor vehicle negligence and his parents, for negligent entrustment. Defendant argued he was presented with a sudden emergency, and what happened to him would have occurred to a licensed driver. Jury awarded plaintiff $8,025 in damages.
Location: Harris County, Texas
Case Name and Docket Number: Rivera v. Lopez, 200619482
Low Back, Neck, and Shoulder Injuries
Type of Injury: Soft tissue low back, neck and shoulder injuries
Type of Accident: Side-impact
Award/Settlement Amount: $8,956
Case Summary: Plaintiff was driving her vehicle. She was attempting to make a left turn when she was struck broadside by a vehicle traveling from the opposite direction on the shoulder of the road. Defendant was driving along the shoulder to bypass stopped traffic. Defendant admitted liability for the accident and the case proceeded on the issue of damages only. Plaintiff alleged that she suffered low back, neck, and shoulder soft tissue injuries as a direct result of this accident. She claimed that she suffered continuing problems up to the date of trial. Defendant contended that plaintiff exaggerated her injuries, which should have resolved within a short period of time. Defendant also claimed that plaintiff had overtreated for her injuries. Jury awarded plaintiff $8,956.
Location: Tarrant County, Texas
Case Name and Docket Number: Brown, Jr. v. Ciccarelli, 96th-222027-07
Passenger with Soft-Tissue Neck Injury
Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was a passenger in a vehicle operated by Defendant 1. They were traveling behind a car driven by Defendant. Defendant 2 stopped to make a left turn and was rear-ended by Defendant 1. Plaintiff alleged that both drivers were negligent in the operation of their vehicles. Plaintiff claimed he sustained significant neck injuries resulting in ongoing pain and limited activities because of the collision. Defendant1 contended that he was struck in the rear and pushed into the back of Defendant2’s car. Defendant2 contended that Defendant1 failed to keep a proper lookout and maintain an assured clear distance ahead. A pretrial settlement of $10,000 was reached by the parties.
Location: Angelina County, Texas
Case Name and Docket Number: Wells v. Gray, CV-00470-18-07
Upper Back Injuries, Possible Herniated Cervical Disc
Type of Injury: Soft tissue neck and upper back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff stopped for traffic at an intersection and was rear-ended by defendant. Plaintiff alleged that: defendant failed to keep a proper lookout and maintain an assured clear distance; no other vehicles were involved in the accident; and he suffered significant soft tissue neck and upper back injuries and possible herniated cervical disc because of this accident. Defendant contended that she was rear-ended by another vehicle which forced her into the rear of plaintiff’s vehicle. Also, defendant claimed that any disc herniation was the result of a preexisting degenerative disc disease. Jury found for the plaintiff in the amount of $10,000.
Location: Dallam County, Texas
Case Name and Docket Number: Seebachan v. Huffines, DC-15-09782
Soft Tissue Low Back Injury, Complaints of Chest Pain
Type of Injury: Soft tissue low back injury
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving on a narrow country road. He claimed his car was sideswiped by a vehicle driven by Defendant. Defendant admitted he was at fault for the accident, but disputed causation of some of plaintiff’s injuries. Plaintiff alleged he sustained soft tissue low back injury, for which he treated immediately after the accident. He claimed he later developed chest pain, which he argued arose from this accident. Defendant admitted that plaintiff may have sustained some soft tissue injuries but argued that his chest problems were not related to the crash. Defendant claimed plaintiff suffered from preexisting diabetes and was noncompliant in caring for his disease. As a result, defendant argued that any chest complaints were not related to this accident. Jury awarded plaintiff $10,000 after deliberating less than 1 hour.
Location: Dallas County, Texas
Case Name and Docket Number: Pazo vs. Butler, CC-14-004837-1
Soft-Tissue Neck and Back Injury Award
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff alleged that the defendant driver made an improper lane change; failed to keep his vehicle in the proper lane of travel; failed to yield the right-of-way; failed to keep his vehicle under control; and failed to pay full time and attention to his surroundings. Plaintiff claimed he sustained soft tissue neck and back injuries as a direct result of this accident. Defendants denied liability and filed a counterclaim against plaintiff. Defendants contended that plaintiff caused the accident by failing to operate his vehicle in a safe manner and rear-ending the defendant’s vehicle. The jury found the defendant driver to be at fault and awarded plaintiff $ 10,000.
Location: Tarrant County, Texas
Case Name and Docket Number: O’Mejia v. Shamsher, 352nd-268704-13
Neck Injury with Cervical Instability
Type of Injury: Knee injury-knee synovitis (inflammation); Neck injury-cervical instability at C3-C4
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving her vehicle at approximately 40 mph. As she drove through an intersection, she collided with a vehicle driven by Defendant. Defendant attempted a left turn in the path of plaintiff’s vehicle and was struck broadside by plaintiff’s vehicle. Defendant admitted to causing the accident. Plaintiff alleged she sustained a chronic knee synovitis (inflammation) and cervical instability (slippage) at C3-C4 as a direct result of this accident. Defendant contended that plaintiff may have sustained minor injuries in the accident and suggested to the jury that it award $7,500 for three months of treatment and pain and suffering. Defendant argued that there was a two-year gap in treatment and any complaints after the initial three months were unrelated to the accident. The jury returned a $10,000 verdict for plaintiff.
Location: Dallas County, Texas
Case Name and Docket Number: Holgate v. Garcia, DC-19-09803
Soft Tissue Neck, Shoulder, and Chest Injuries
Type of Injury: Soft tissue neck, shoulder and chest injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Defendant T-boned plaintiff’s vehicle at the intersection of the two streets. Plaintiff alleged that defendant failed to yield the right-of-way and pay full time and attention. Plaintiff asserted that she sustained soft tissue cervical and right trapezius injuries in his shoulder, as well as a bruised chest wall, as a direct result of defendant’s negligence. Defendant stipulated as a matter of law that his negligence proximately caused the accident, but disputed plaintiff’s injuries. Jury returned a plaintiff verdict of $10,000.
Location: Dallas County, Texas
Case Name and Docket Number: Cruz v. Louis, 68th-13-05125
Soft-Tissue Injuries to Face, Neck, Back, Knee, and Thumb
Type of Injury: Soft tissue injuries to her face, neck, upper back, right knee and left thumb
Type of Accident: Rear-end
Award/Settlement Amount: $11,000
Case Summary: Defendant was driving directly behind plaintiff when they collided. The impact caused plaintiff’s vehicle to spin out of control and “T-bone” a right shoulder guardrail. Defendant driver initially disputed liability, claiming plaintiff caused the accident or was contributorily negligent. By the time of trial, however, defendant admitted liability and the case proceeded on the issues of causation and damages. Plaintiff alleged defendant was exceeding the speed limit and following too closely. Plaintiff claimed she sustained bruising and soft tissue injuries to her face, neck, upper back, right knee and left thumb. Defendant contended plaintiff was not seriously injured in this accident and should have recovered in a short period of time. Plaintiff was awarded $11,000 in damages.
Location: Dallas County, Texas
Case Name and Docket Number: Garza v. Cantrell, 44th-08-14238
Plaintiff Alleges Permanent Disabling Back Pain
Type of Injury: Back injury-disabling back pain
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was driving his vehicle. Plaintiff alleged he was in the far right lane and was slowing for traffic in front of him when he was rear-ended by a vehicle driven by Defendant. Plaintiff claimed he suffered permanent, disabling back pain as a direct result of this impact. He argued that his injuries permanently disabled him from working as an aviation mechanic, for which he had recently graduated. Plaintiff provided expert testimony from his treating doctor to corroborate his claims. Defendant contended that plaintiff was in the second lane of travel, not the far-right lane, and contributed to this accident when he failed to maintain his lane. Defendant also maintained that plaintiff’s injuries were soft tissue in nature. A jury found for the plaintiff and returned a $12,000 verdict.
Location: Dallas County, Texas
Case Name and Docket Number: Alonzo vs. Crosby, 44th-14-14147
Neck and Back Injuries with Pre-Existing Condition
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $13,000
Case Summary: Plaintiff stopped for a traffic light and was rear-ended by Defendant. Defendant admitted liability for causing the accident. The case proceeded on the issues of damages and injuries. Plaintiff alleged the impact of this accident was sufficient to cause serious soft tissue neck and back injuries. Plaintiff argued she had no prior difficulties and recovered after a period of time. She sought economic and non-economic damages. Defendant contended plaintiff likely suffered from preexisting degenerative changes which caused her complaints, or that her injuries, if any, were minor. The jury returned a $13,000 verdict for the plaintiff.
Location: Starr County, Texas
Case Name and Docket Number: Guzman v. Toliver, DC-11-84
Passenger Claims Neck and Back Injuries
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $13,250
Case Summary: Plaintiff was a passenger in a vehicle. The vehicle slowed for traffic backed up from a traffic light and was nearly stopped when it was rear-ended by defendant motorist. Plaintiff claimed he sustained serious soft tissue neck and back injuries as a direct result of the accident. Defendant admitted he caused the accident, but disputed plaintiff’s damages. The parties settled for $13,250 after jury was picked.
Location: Tarrant County, Texas
Case Name and Docket Number: Douditski v. Lacour, CC-15-002262-2
Moderate Injury Case Examples
Moderate neck and back injuries include more extensive sprains and strains, uncomplicated vertebrae fractures or herniated discs, and pinched nerves. There may be some residual impairment from these types of injuries. Victims may have to be off work for several weeks or months.
Neck and Back Injuries with Residual Pain
Type of Injury: Soft tissue neck and back injuries with some residual pain.
Type of Accident: Side-impact
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was traveling with her two daughters as passengers. At an intersection, her vehicle was hit in the side by a vehicle driven by Defendant 1. Defendant1 was driving a vehicle which belonged to Defendant 2, her employer. Plaintiff and her daughters claimed soft tissue neck and back injuries with some residual pain in the T-bone crash. Plaintiff alleged the defendant driver was negligent when she failed to obey a stop sign at the intersection. Defendant contended plaintiffs were not injured as seriously as they claimed. Defendant2 contested liability, stating that defendant driver was not operating the vehicle in the scope and course of her employment at the time of the wreck. The mother’s case was settled for $15,000. The cases involving her two daughters were settled separately for undisclosed amounts.
Location: Titus County, Texas
Case Name and Docket Number: Rodriguez v. Troy Construction, 38742
Continuing Neck and Back Injury Complaints
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $15,258
Case Summary: Plaintiff claimed her car was broadsided by a vehicle driven by defendant when defendant ran a red light and attempted a left turn against the traffic. The impact pushed plaintiff’s vehicle into another car and then into a ditch. Both airbags deployed and plaintiff’s vehicle was totaled. Defendant admitted liability for the accident. Plaintiff claimed she sustained soft tissue neck and back injuries as a direct result of this accident. Even though there were extensive gaps in treatment, plaintiff claimed her continuing complaints were a proximate cause of this accident. Defendant disputed the nature and extent of plaintiff’s injuries and argued that her continuing complaints were not related to the accident. Jury awarded plaintiff $15,258.
Location: Tarrant County, Texas
Case Name and Docket Number: Russell v. Harris, 48th-266575-13
Soft Tissue Neck, Back, and Knee Injuries
Type of Injury: Soft tissue neck and back injuries; aggravation of a pre-existing knee condition
Type of Accident: Rear-end
Award/Settlement Amount: $15,811
Case Summary: Plaintiff was a passenger in a vehicle. There was an accident ahead of plaintiff’s vehicle. Plaintiff’s driver came to a stop and was rear-ended by Defendant. Plaintiff, a former long-distance runner, claimed that this accident aggravated a pre-existing knee condition resulting in arthroscopic surgery. She also treated for her soft tissue neck and back injuries. Defendant did not dispute liability or plaintiff’s neck and back injury claims. However, due to a gap of several weeks between the accident and plaintiff’s knee complaints, defendant asserted that plaintiff’s knee complaints were unrelated. Defendant maintained that plaintiff’s knee condition preexisted this accident and her treatment, including surgery, was unreasonable, unnecessary, and unrelated to this accident, but ultimately agreed to a $15,811 settlement prior to trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Walker v. Holloway, 348th-260591-12
Neck and Back Strain Injuries
Type of Injury: Neck and back strain injuries
Type of Accident: Side-impact
Award/Settlement Amount: $17,000
Case Summary: Plaintiff was traveling through an intersection controlled by a traffic light. His vehicle was struck on the driver’s side by Defendant, who was attempting a left turn across the intersection. Defendant was cited at the scene for failing to yield the right-of-way. Plaintiff alleged that he had a green light when he entered the intersection. Plaintiff claimed neck and back strain injuries. Plaintiff claimed $10,042 in past medical expenses and $3,900 in lost wages. Defendant disputed liability and contended that she had a green arrow when she attempted to make the left turn. Defendant maintained that plaintiff failed to yield the right-of-way and caused the collision. A jury deliberated for 2 hours before awarding plaintiff $17,000.
Location: Harris County, Texas
Case Name and Docket Number: Damon v. Jonel, 201514310
Cervical Strain and Sprain With Back Injury
Type of Injury: Neck injury-cervical strain/sprain; back injury
Type of Accident: Side-impact
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was driving through an intersection when he was broadsided by defendant. Plaintiff was diagnosed with a cervical strain/sprain. He presented a second time to the emergency room, followed by chiropractic care and physical therapy. In addition to the neck injury, he claimed an injury to his back. Plaintiff alleged that defendant failed to stop for a stop sign and failed to yield the right-of-way. Defendant contended that she stopped and then proceeded into the intersection when she did not see any oncoming vehicles. 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 reached a $20,000 settlement during a judicial settlement conference.
Location: Dallas County, Texas
Case Name and Docket Number: Penelle v. Wylie, 95th-08-14675
Extensive Soft-Tissue Neck and Back Injuries
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was a taxi driver. He was in the course of his employment when he was involved in a rear-end accident with Defendant. Plaintiff alleged that defendant was speeding when he struck the rear of plaintiff’s vehicle. Plaintiff claimed both vehicles were moving at the time of impact. Plaintiff sought damages for soft tissue neck and back injuries. Defendant contended that plaintiff inexplicably stopped on the highway in the middle of the night and defendant was unable to stop in time to avoid the accident. Defendant denied he was speeding or traveling faster than plaintiff’s vehicle. Jury found in favor of plaintiff and awarded him $20,000.
Location: Bexar County, Texas
Case Name and Docket Number: Grant v. Rathbun, 3:15cv4025; 3:15-cv-04025
Lumbar Sprain, Chest Wall Injury, Fractured Wrist
Type of Injury: Wrist fracture in his dominant hand. Others- chest wall injury and lumbar sprains
Type of Accident: Rear-end
Award/Settlement Amount: $20,300
Case Summary: Plaintiff was driving a pickup truck with his wife as a passenger. Their vehicle was struck by defendant’s vehicle from the rear, causing the plaintiffs’ car to hit the outside retaining wall. The plaintiffs’ car then crossed over the roadway and came to rest against the inside retaining wall. Plaintiff claimed a wrist fracture. He was also diagnosed with a chest wall injury and lumbar sprains. Plaintiff passenger’s claims were nonsuited prior to trial. An eyewitness testified that a black vehicle was swerving in and out of traffic and that it sped past defendant and clipped defendant’s vehicle on the right just before the accident. Defendant however said the black vehicle did not hit her. Jury returned a plaintiff verdict of $20,300.
Location: Tarrant County, Texas
Case Name and Docket Number: Pumue v. Phannenstiel, 2015-007323-1
Soft-Tissue Neck, Back, and Knee Injuries, Lipoma
Type of Injury: soft tissue neck, back and knee injuries; lipoma in her back
Type of Accident: Side-impact
Award/Settlement Amount: $23,854
Case Summary: Plaintiff was a back-seat passenger in a van. Plaintiff’s driver entered an intersection at the end of an exit ramp and the van was struck broadside by a vehicle driven by defendant when defendant failed to stop for a red light. Plaintiff alleged the force of impact caused neck, back and knee injuries and a subsequent lipoma in her back as a direct result of this accident. Plaintiff underwent surgery for removal of the lipoma nine months post-accident. Defendant did not dispute that plaintiff may have sustained minor soft tissue injuries, nor did defendant dispute the emergency or chiropractic treatment. However, defendant denied the lipoma was causally related to this accident, as plaintiff had no complaints of same until nine months later. The parties settled for $23,854 prior to trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Marshall v. Morris, CC-14-003503-1
Award to Plaintiff with Pre-Existing Neck and Back Injuries
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $35,000
Case Summary: Plaintiff slowed in heavy traffic. Defendant driver failed to stop in time to avoid striking plaintiff’s vehicle from the rear. Plaintiff had a history of back injuries, but argued that this accident was the direct cause of new neck and back injuries. Plaintiff claimed that the treatment she received for her new injuries was both reasonable and necessary. She also argued that her lost wages were reflective of the time necessary to recover from her injuries. Defendants admitted liability for causing the accident but disputed the nature and extent of plaintiff’s injuries. Defendants argued that plaintiff’s chiropractic treatment was excessive, and her lost wages were unreasonable. The jury returned a verdict for plaintiff in the amount of $35,000.
Location: Dallas County, Texas
Case Name and Docket Number: Hymon v. Sampson, DC-16-04398
Neck and Back Injuries Requiring Injections
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $41,560
Case Summary: Plaintiff was rear-ended in traffic by Defendant at approximately 30 to 35 mph. Defendant claimed plaintiff backed into his car. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. He claimed he sustained soft tissue neck and back injuries that required pain injections and were disabling. Defendant contended plaintiff drove into the intersection, stopped, and then backed into his vehicle. Defendant argued that plaintiff was the sole cause of the accident and disputed his injuries, which he claimed were preexisting. Defendant maintained that plaintiff continued to work after the accident and was not disabled. The parties settled the matter for $41,560 prior to trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Ashford v. Griggs, 348th-239390-09
Multiple Soft-Tissue Injuries to Neck and Back
Type of Injury: Soft tissue injuries to the neck and back; others-facial contusions and bilateral knee injuries
Type of Accident: Side-impact
Award/Settlement Amount: $47,000
Case Summary: Plaintiff and defendant, who was operating a vehicle owned by defendant 2, were operating their respective vehicles on intersecting streets. At an intersection controlled by a traffic light, their vehicles collided. Defendant was traveling approximately 40 mph when she “T-boned” plaintiff’s vehicle. Plaintiff alleged defendant driver was negligent in failing to maintain a proper lookout and yield the right-of-way. She claimed defendant failed to stop for a red light and recklessly proceeded into the intersection. Plaintiff claimed she suffered facial contusions, bilateral knee injuries and multiple soft tissue injuries to the neck and back as a result of this accident. Liability was not contested, but defendants disputed the extent of plaintiff’s damages. A jury awarded $47,000 to plaintiff.
Location: Brazoria County, Texas
Case Name and Docket Number: Keith v. RWS Transport, LP, 50809
Neck and Lower Back Injuries, Plantar Fasciitis
Type of Injury: Soft tissue neck and low back injuries; others-plantar fasciitis of the foot
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was rear-ended by Defendant. Defendant claimed that a sudden, blinding thunderstorm occurred which obscured her vision. Plaintiff alleged that defendant was driving too fast for conditions and following too closely, thereby causing this accident. She claimed the impact was sufficient to cause serious neck and back injuries, as well as plantar fasciitis, which required surgery. Plaintiff argued that she had ongoing foot problems. Defendant contended that she was faced with a sudden emergency caused by the blinding rain. She denied driving too fast for conditions or following too closely. Defendant maintained that plaintiff had preexisting foot problems and that her complaints were unrelated to the accident. The parties agreed to binding arbitration which resulted in a $50,000 award for plaintiff.
Location: Dallas County, Texas
Case Name and Docket Number: Medlock v. Martinez, DC-15-00995
Protruding Lumbar Disc Injury
Type of Injury: Back injury-protruding lumbar disc
Type of Accident: Rear-end
Award/Settlement Amount: $56,000
Case Summary: Plaintiff was driving near a construction site. He stopped for a flagger at the site and was rear-ended by Defendant. There was no dispute over details of the accident as defendant admitted liability. Plaintiff alleged he sustained a protruding lumbar disc as a direct result of the accident. Plaintiff maintained that he initially treated the injury as a back sprain, but the bulging disc was diagnosed 1.5 years later. Defendant contended that plaintiff may have suffered a soft tissue injury, but it resolved after six weeks. He asserted that plaintiff’s continuing complaints were not related to this accident, noting that the bulging disc was not diagnosed until nearly two years post-accident. Jury awarded plaintiff $56,000 verdict after deliberating 80 minutes.
Location: Fort Bend County, Texas
Case Name and Docket Number: Bulan v. Graves, 15-DCV-223725
Lumbar Injury with Continuing Pain
Type of Injury: Back injury-soft tissue lumbar injury
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was driving through the post office parking lot when her car was rear-ended by Defendant. Defendant, who claimed she did not realize she had struck plaintiff’s vehicle, left the scene of the accident. Plaintiff claimed she sustained a soft tissue lumbar injury because of the collision. Plaintiff sought treatment from an orthopedist who prescribed physical therapy. She also sought treatment from her family doctor and a neurosurgeon. She claimed continuing back pain and argued that her injuries contributed to her subsequent divorce. Defendant disputed that the accident occurred, but argued that, if she did strike plaintiff’s vehicle, it was a minor accident and plaintiff was not injured. A jury awarded plaintiff $75,000 after deliberating 1.5 hours.
Location: Harris County, Texas
Case Name and Docket Number: Hunter v. Sundberg, 201167914
Herniated Cervical Disc with Fusion Surgery
Type of Injury: Neck injury-herniated cervical disc
Type of Accident: Side-impact
Award/Settlement Amount: $80,000
Case Summary: Plaintiff was driving through an intersection. Defendant was approaching from the opposite direction and made a left turn in the path of plaintiff’s vehicle. Plaintiff’s automobile T-boned defendant’s vehicle. Defendant was cited at the scene for failure to yield the right-of-way. Plaintiff alleged she entered the intersection with a green light. She claimed defendant was negligent in failing to maintain a proper lookout and yield the right-of-way. She maintained that she suffered a herniated cervical disc that required fusion surgery as a direct result of this accident. Defendant agreed to settle for $80,000 after extensive pretrial negotiations.
Location: Harris County, Texas
Case Name and Docket Number: Oliveira v. Merrill, 201527921
Discectomy for Cervical Disc Herniations
Type of Injury: Neck injury-Cervical disc herniation at C3-C4 and C5-C6
Type of Accident: Side-impact
Award/Settlement Amount: $84,085
Case Summary: Defendant ran a red light, and her vehicle was T-boned by plaintiff’s car. Plaintiff was traveling approximately 35 mph at the time of the collision. There were documented complaints of neck pain by plaintiff at the scene of the accident. However, because plaintiff had back surgery just two months prior to the collision, the focus of the emergency room examination was on his lower back rather than his neck. A cervical MRI several months later showed disc herniations at C3-C4 and C5-C6 with degenerative changes and osteophyte formation. Plaintiff underwent a cervical discectomy with plating. Defendant admitted liability for the collision but disputed the nature and extent of plaintiff’s damages. Jury awarded plaintiff $ 84,085.
Location: Bexar County, Texas
Case Name and Docket Number: Lutz v. Shaw, 2015C118120
Severe Injury Case Examples
Severe neck and back injuries from a car accident are often disabling, and include neck and back fractures, spinal cord injuries, disc damage, and permanent nerve damage. Some victims are never able to return to pre-accident activities of daily living.
Soft-Tissue Neck Injury, Two Rotator Cuff Tears
Type of Injury: Shoulder injury-two partial rotator cuff tears; Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $117,000
Case Summary: Defendant was operating her vehicle directly behind plaintiff. Plaintiff alleged that her vehicle was bumped by defendant’s car in traffic. Plaintiff sought treatment for neck and shoulder pain three days later. Thereafter, plaintiff underwent physical therapy, multiple diagnostic and palliative injections and physical medicine management with low results. Three years after the collision, an MRI revealed at least two partial rotator cuff tears and plaintiff underwent surgery. Plaintiff attributed these injuries to this accident. Defendant disputed that an impact occurred. Defendant argued that, even if there was contact, the impact would not have been significant enough to cause any injuries other than a minor sprain/strain. A jury found for the plaintiff and awarded her $117,000.
Location: Tarrant County, Texas
Case Name and Docket Number: Reese v. Thomas, 141-272720; 141-272720-14
Herniated Cervical Discs Requiring Halo Brace
Type of Injury: Neck injury-herniated disc at C3-C4
Type of Accident: Side-impact
Award/Settlement Amount: $193,750
Case Summary: The pickup truck in which plaintiff was a passenger was in the process of making a left-hand turn when the defendant driver broadsided the pickup truck. Plaintiff sustained a herniated disc at C3-C4 in his neck that later required surgery with the use of a halo brace for stabilization. Defendant had no insurance coverage. The carrier on the pickup truck in which plaintiff was a passenger and the plaintiff’s own UM carrier agreed to a mediation settlement for $193,750.
Location: Bexar County, Texas
Case Name and Docket Number: Nario v. Hartman, 4:16cv316
Back and Neck Sprains, Myofascial Pain Syndrome
Type of Injury: A left wrist, back and neck sprains; myofascial pain syndrome
Type of Accident: Side-impact
Award/Settlement Amount: $194,000
Case Summary: The defendant’s car hit plaintiff’s car broadside at an intersection while defendant was traveling 35 to 40 mph. Plaintiff was taken to the emergency room. Plaintiff claimed she sustained a left wrist, back and neck sprains because of the accident. She asserted that she went to a chiropractor and a physiatrist for her pain, but it did not help, and she developed myofascial pain syndrome. Defendant admitted liability but disputed the amount of plaintiff’s damages. The jury awarded plaintiff $194,000 in damages.
Location: Dallas County, Texas
Case Name and Docket Number: Robinson v. Sposato, CC-09-05079-B
Soft-Tissue Neck and Back Injuries, Rotator Cuff Tear
Type of Injury: Shoulder injury-rotator cuff tear; Soft tissue back and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $265,000
Case Summary: Plaintiff stopped for a stop sign. While stopped, he was rear-ended by a vehicle driven by Defendant. Plaintiff alleged he sustained a serious shoulder injury (rotator cuff tear) and soft tissue neck and back injuries, as a direct result of this accident. He acknowledged a prior torn labrum for which he had undergone surgical repair 1.5 years earlier. However, he argued that the rotator cuff tear was a new injury and was unrelated to the prior shoulder injury. Plaintiff treated his injury conservatively with physical therapy but later underwent surgery. Defendant admitted liability, but disputed the nature and extent of the injury, as well as damages. Defendant maintained that plaintiff should have recovered without the need for surgery. The jury awarded plaintiff $265,000 in damages.
Location: Cameron County, Texas
Case Name and Docket Number: Alonso v. Castro, 2006-07-3214
Soft Tissue Cervical and Thoracic Injuries
Type of Injury: Soft tissue cervical (back) and thoracic (back) injuries
Type of Accident: Rear-end
Award/Settlement Amount: $300,000
Case Summary: Plaintiff stopped for a stop sign and was rear-ended by Defendant. The force of impact pushed plaintiff’s vehicle forward 15 feet. Defendant, who had a blood alcohol content of .18 at the time of the accident, admitted liability for causing the accident. The case proceeded on the issues of causation and damages. Plaintiff claimed soft tissue cervical and thoracic injuries. Plaintiff required emergency room treatment, followed by orthopedic treatment, pain management and physical therapy. Defendant contended that plaintiff’s injuries preexisted this accident, as she had prior degenerative disc disease. Defendant maintained that this accident did not cause disruption of plaintiff’s active lifestyle. The jury returned a verdict of $300,000 for plaintiff.
Location: Bexar County, Texas
Case Name and Docket Number: Rodriguez v Corsa Transportes, 5:17-cv-255
Permanent Arm and Lower Back Injuries
Type of Injury: Permanent soft tissue injuries-left arm and lower back
Type of Accident: Head-on
Award/Settlement Amount: $365,935
Case Summary: Plaintiff was traveling east. A vehicle driven by Defendant crossed the centerline, resulting in the head-on collision. Both drivers were traveling approximately 50 mph at the time of impact and both vehicles had to be towed from the scene. Plaintiff presented to the emergency room several hours later with complaints of left arm and lower back pain. He claimed continuing pain up to the date of trial. Plaintiff’s internal medicine and chiropractic experts testified that plaintiff had suffered a permanent soft tissue injury to his lower back, resulting in ongoing back pain that would likely require medical treatment for the remainder of his life. Defendant disputed liability and damages. Defendant’s medical expert maintained that plaintiff would only need occasional treatment. Jury awarded plaintiff $300,000 in compensatory damages, plus $65,935 in pre-judgment interest.
Location: Harris County, Texas
Case Name and Docket Number: Harrison v. Amigon, 2015-10013
Brain Injury, Kidney Hematoma, Fractures, Cervical and Lumbar Injuries
Type of Injury: Head Injury-Moderate traumatic brain injury with numerous cognitive deficits; others- a perinephric kidney hematoma, corneal abrasion to the right eye, fractured ribs, facial lacerations, left knee sprain and soft tissue cervical and lumbar injuries
Type of Accident: Head-on
Award/Settlement Amount: $525,000
Case Summary: Defendant, who was operating a vehicle owned by defendant2 in the opposite direction of the plaintiff, crossed into plaintiff’s lane while rounding a curve. Defendant struck plaintiff’s vehicle head-on. There was some eyewitness testimony that defendant appeared to have fallen asleep at the wheel. Plaintiff lost consciousness at the scene and was transported to hospital by ambulance. He was hospitalized for three days for moderate brain injury with numerous cognitive deficits that included equilibrium changes, a perinephric kidney hematoma, corneal abrasion to the right eye, fractured ribs, facial lacerations, left knee sprain and soft tissue cervical and lumbar injuries. Defendants admitted liability but disputed the extent of plaintiff’s injuries. The case settled for $525,000 prior to trial.
Location: Harris County, Texas
Case Name and Docket Number: Robinson v. USA Logistics Carriers LLC, 200831471
Chronic Back Pain from Collision with Tractor-Trailer
Type of Injury: Back injury-chronic back pain
Type of Accident: Rear-end
Award/Settlement Amount: $652,000
Case Summary: Plaintiff was a passenger in a vehicle operated by Defendant 1. A tractor-trailer owned by Defendant2 was parked on the road. Defendant 1 rear-ended the tractor-trailer. After the accident, plaintiff underwent two years of medical treatment for chronic back pain. She claimed her injuries were caused by the rear impact collision. Plaintiff alleged that Defendant2’s driver violated zoning regulations which prohibited parking commercial vehicles in a residential zone and that Defendant1 was negligent in failing to maintain a proper lookout. Defendant2 contended that Defendant1 had adequate room to pass the tractor-trailer and that Defendant1’s negligence was the proximate cause of the collision. Defendant1 contended that the accident would not have occurred if the truck had not been parked on the road. Case settled after the jury was picked for $652,000.
Location: Bexar County, Texas
Case Name and Docket Number: Davis v. Aggregate Haulers, 2011-CI-18069
Cervical Strain, Lumbar Disc Bulges and Protrusion
Type of Injury: Back injury-L4-L5 disc bulge and L5-S1 disc protrusion; Neck injury-cervical strain
Type of Accident: Side-impact
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff was struck broadside by Defendant, who admitted he attempted a turn from a side street in plaintiff’s path. Plaintiff had three months of chiropractic treatment for neck and back injuries. Five months later, an MRI with positive findings of an L4-L5 disc bulge and L5-S1 disc protrusion. According to plaintiff’s medical expert, plaintiff will require a L5-S1 surgical decompression in the future. Defendant did not dispute details of the accident. Defendant’s medical expert however opined that the MRI was a normal MRI finding and that anyone who performed surgery on the plaintiff was committing medical malpractice. The day before trial, at the final pre-trial conference, plaintiff settled her claim with defendant for $1,000,000.
Location: Bexar County, Texas
Case Name and Docket Number: Spevak v. Vaughan, 2021CI09791
Traumatic Brain Injury and Soft-Tissue Back Injuries
Type of Injury: Head injury-mild traumatic brain injury; soft tissue back injuries
Type of Accident: Head-on
Award/Settlement Amount: $2,130,000
Case Summary: Plaintiff was a passenger in a pickup truck. The truck collided head-on with an automobile driven by Defendant. Defendant crossed the centerline of the street and caused the collision. Plaintiff struck her head on the windshield, resulting in a blunt force head trauma. Plaintiff alleged defendant was negligent in failing to maintain his proper lane of travel and operating a motor vehicle while under the influence of alcohol. She claimed she had soft tissue back injuries and a mild traumatic brain injury as a result of the accident and was not able to return to her full-time job. Defendant admitted liability, but contended plaintiff only had psychological issues and, if she was treated with correct medication and therapy, she would be back to normal in 12 to 18 months. Jury awarded plaintiff $2,130,000 in damages.
Location: Bell County, Texas
Case Name and Docket Number: Singley v. Rogerson, 209578
Cervical Fracture Resulting in Neck-Down Paralysis
Type of Injury: Back injury-a fracture of a cervical disc and quadriplegia
Type of Accident: Side-impact
Award/Settlement Amount: $23,500,000
Case Summary: Plaintiff was a bus passenger. The bus was traveling in n intersection when Defendant, who was driving an SUV owned by Defendant 2, ran a red light and broadsided the bus. The impact forced the bus off the road and into a fence. Plaintiff was trapped in the bus and the Jaws of Life had to be used to extricate her. As a result of the accident, Plaintiff suffered a fracture of a cervical disc, and she was rendered a quadriplegic. Plaintiff claimed she has been in a nursing home, hospital, or rehabilitation facility since the accident. Plaintiff alleged that defendant was grossly negligent in driving while intoxicated, speeding, and running a red light. Defendants admitted liability, but disputed extent of plaintiff’s damages. Jury awarded plaintiff $23,500,000.
Location: Harris County, Texas
Case Name and Docket Number: Hernandez v. New Flyer Industries, Inc., 2012-57280
Methodology
We complied and analyzed actual payouts made to plaintiffs in Texas car accident lawsuits, with a focus on cases involving neck and back injuries. Many car accident victims suffer more than one type of injury.
Averages are calculated by adding the settlements and awards for the group, then dividing by the number of cases in the group. An unusually high payout in a group will skew the average higher for that group.