Arkansas payouts for neck and back injuries can vary widely. Find cases like yours to get an idea of your potential compensation.
We’ve analyzed actual Arkansas car accident cases with a focus on neck and back claims. The information can help you estimate what your car accident claim might be worth in similar circumstances.
The average payout in Arkansas for a moderate car accident neck or back injury is $39,700. Payouts range from $2,000 for minor soft-tissue injuries, to over $3 million for catastrophic spinal injuries.
The Arkansas cases in our sample group range from minor sprains to disabling neck and back injuries. The cases arise from a variety of accident types, from parking lot fender benders to head-on collisions.
Average Arkansas Neck and Back Injury Settlements
To get the average settlement amounts listed below, we analyzed a group of real Arkansas car accident cases involving a range of neck and back injuries. Our group only included cases that resulted in a payout to the injury victim.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Neck-Back Injury | $6,355 |
| Moderate Neck-Back Injury | $39,700 |
| Severe Neck-Back Injury | $634,000 |
Payout Range by Severity of Injury |
|
| Minor Neck-Back Injury | $2,000 - $10,500 |
| Moderate Neck-Back Injury | $14,500 - $78,600 |
| Severe Neck-Back Injury | $85,000 - $3,150,000 |
Victims of serious auto accidents often sustain several injuries to different body parts. These cases represent victims who suffered back or neck injuries, as well as other injuries. Settlements and jury awards are intended to compensate the victim for all their damages, not just one particular injury.
How Neck and Back Injury Settlements are Calculated
The compensation value of an injury claim largely depends on the severity of injuries, particularly the medical costs, related lost wages, and pain and suffering.
Treatment Costs for Neck and Back Injuries
Insurance companies are only required to pay reasonable costs for diagnosis, treatment, and rehabilitation for neck and back injuries. Reasonable costs are medically necessary based on current standards for medical care.
- Sprains and Strains – Mild sprains and strains in any region of the neck and back can be caused by the impact of a collision. An emergency room visit in Arkansas typically costs $1,304. Add the costs of X-rays, and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling less than $2,000.
- 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 surgical fusion is necessary to stabilize the vertebra, treatment expenses 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 impact the projected care and treatment costs for the injury. Costs will 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 Affecting Neck and Back Injury Payouts
Your potential insurance settlement or court award can be influenced by several factors that may be out of your control.
- Injury Severity – Serious and potentially permanent injuries settle for much higher amounts than relatively minor injuries that will eventually heal.
- Shared Fault – Arkansas is a modified comparative fault state. You can file an injury claim against the other party so long as you are less to blame for the crash than they are. If you are equally or more to blame, you can be barred from compensation.
- Auto Policy Limits – Arkansas mandates all drivers to carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and a $25,000 property damage liability. The minimum limits may not be enough to cover severe injury claims.
- Uninsured Motorist Coverage – Arkansas requires insurance carriers to offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) equal to the policy’s liability limits. Drivers who purchase UM and UIM insurance will have recourse for serious injuries caused by a hit-and-run, or someone with no insurance or not enough insurance.
- Multiple Claimants – The per-accident liability coverage carried by the at-fault driver may not be enough to go around when multiple victims are seriously injured.
- Venue and Jurisdiction – The insurance company will often offer more to settle a potentially high-dollar injury case when it’s filed in a court jurisdiction known to award higher jury verdicts to injury victims.
- Punitive Damages: Punitive damages can only be awarded by a judge or jury in a court trial. Arkansas law limits punitive damage awards to the greater of $250,000 or three times the compensatory award, not to exceed $1 million.
Frequently Asked Questions
Minor Neck and Back Injury Case Examples
Minor neck and back injuries include soft-tissue bruises and sprains with a few days to a week of soreness, stiffness, and tenderness. Not much medical treatment will be needed after the initial medical evaluation after the crash, and possibly one follow-up with your regular doctor. Most minor injury victims only miss a few days from work.
General Soft-Tissue Neck and Back Injuries
Type of Injury: Soft tissue back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $8,200
Case Summary: Defendant was traveling on a roadway attempting to exit on an off-ramp. He subsequently attempted to reenter the roadway, struck a jersey wall, entered the lanes of travel, spun around and struck two or three vehicles. Plaintiff, who was traveling behind defendant at the time of the accident swerved to avoid colliding with defendant’s vehicle and rear-ended a third party’s vehicle. Defendant was charged with driving under the influence of alcohol. Plaintiff claimed he suffered soft tissue neck and back injuries. Defendant admitted liability, but contended that plaintiff was exaggerating the extent of his injuries. Jury awarded plaintiff $ 8,200. Per defendant’s counsel, the fact that plaintiff did not have copies of all of his medical bills to support his claim significantly impacted the outcome.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Archer v. Russell, G159848
Soft-Tissue Injuries with Neck and Back Pain
Type of Injury: Soft tissue back injury with pain in neck and back
Type of Accident: Rear-End
Award/Settlement Amount: $4,000
Case Summary: Plaintiff was a passenger in a vehicle operated by a third party. Defendant was driving in the same direction behind plaintiff’s vehicle. Defendant rear-ended plaintiff’s vehicle. Plaintiff suffered soft tissue neck and back injuries in the collision. Defendant contended that: she was traveling only 5 m.p.h. at the time of impact; neither vehicle sustained visible damage; and plaintiff was not injured in this minimal impact collision. Case settled for $ 4,000.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Bradley v. Bordihn, G409832
Painful Neck Strain from Rear-End Collison
Type of Injury: Cervical strain in neck and post-traumatic headaches
Type of Accident: Rear-End
Award/Settlement Amount: $5,500
Case Summary: Defendant rear-ended a vehicle in which plaintiff was a passenger. Plaintiff claimed that she suffered chronic strain in her neck and post-traumatic headaches as a direct result of the collision. Defendant admitted liability but contended that plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury returned a plaintiff verdict for $5,500. Per counsel, plaintiff’s credibility and the credibility of her treating physician were an issue in the case. Plaintiff had been involved in a prior motor vehicle accident and her treating physician had stated that she would have permanent neck pain and headaches from that accident. He subsequently testified that the prior injuries had fully resolved.
Location: Pike County, Arkansas
Case Name and Docket Number: Turley v. Young, G121524
Bulging Disc in Back with Soft-Tissue Neck Injuries
Type of Injury: Soft tissue back and neck injuries; abnormal bulging in one disc in back
Type of Accident: Rear-End
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was stopped in traffic when defendant rear-ended a third party’s vehicle, forcing it into plaintiff’s vehicle which was forced into a fourth party’s automobile. Plaintiff said he suffered injuries to his neck and back as a direct result of the accident. Further, he suffered abnormal bulging in one disc in back which resulted in muscle pain. Plaintiff claimed $2,572 in medical specials and $2,570 in lost income. Plaintiff also claimed $150 a week lost income for 23 weeks. Defendant contended that he was forced into the lane where the accident occurred by an aggressive driver and that plaintiff’s disc abnormality was not caused by the accident. Jury returned a plaintiff verdict for $8,000.
Location: Washington County, Arkansas
Case Name and Docket Number: Watson v. Akin, CIV-95-963
Back and Neck Injuries with Aggravation of Prior Disc Problems
Type of Injury: Injuries to back, neck, and arms, shoulder, sternum and aggravation of disc problems.
Type of Accident: Side-Impact
Award/Settlement Amount: $10,500
Case Summary: Plaintiff was driving. She entered an intersection and defendant struck the right side of plaintiff’s vehicle. Defendant continued on and struck several parked vehicles. Plaintiff said he suffered injuries to back, neck, and arms, shoulder, sternum and aggravation of disc problems. Defendant contended that plaintiff entered the intersection on a red light and that plaintiff was contributorily negligent in failing to maintain a proper lookout and in failing to exercise ordinary care. Jury returned a plaintiff verdict of $10,500. Per counsel, a witness stated that plaintiff had a green light and the fact that plaintiff’s vehicle was broadsided indicated that defendant was liable.
Location: Washington County, Arkansas
Case Name and Docket Number: Karnes v. Valladores, CIV2000-88
Soft-Tissue Neck and Shoulder Injuries
Type of Injury: Soft tissue shoulder and neck injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was stopped at a traffic light when defendant rear-ended his vehicle. Defendant was talking on her phone at the time of the accident. Plaintiff suffered soft tissue shoulder and neck injuries. Plaintiff argued that defendant was negligent in failing to pay full time attention to the operation of her vehicle and that it is negligence per se for one to talk on a phone while operating a vehicle. Defendant contended that plaintiff suddenly pulled in front of her vehicle and that she was unable to stop in time to avoid a collision. The case was initially tried in District Court resulting in a verdict of $3,500 for plaintiff. Defendant appealed. Jury returned a verdict if $5,000 for plaintiff.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Lendermon v. Erbsamen, CV2006-649
Minor Soft-Tissue Neck and Back Injuries from Fender Bender
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $2,000
Case Summary: Plaintiff was stopped at a stop sign. Defendant was stopped behind plaintiff. Defendant, believing plaintiff had begun to move forward, took her foot off the brake pedal, causing her vehicle to strike plaintiff’s vehicle. The impact was minimal, resulting in no property damage to either vehicle. Plaintiff said she suffered soft tissue neck and back injuries as a direct result of the collision. Defendant contended that: her vehicle merely rolled into plaintiff’s vehicle; neither vehicle sustained property damage; and plaintiff was not injured in the minimal impact collision. Jury returned a verdict in favor of the Plaintiff for $2,000.
Location: Washington County, Arkansas
Case Name and Docket Number: Rutherford v. Mid-Delta Community Service, G165267
Side Impact While Merging Into Lane Aggravates Slip and Fall Injuries
Type of Injury: Cervical strain to neck
Type of Accident: Side-Impact
Award/Settlement Amount: $4,000
Case Summary: Defendant was attempting to merge into the right lane when he struck the vehicle in which plaintiff was a passenger. The operator of plaintiff’s vehicle and a passenger in defendant’s vehicle were not injured. Plaintiff had been involved in a slip and fall accident three days before the collision. Plaintiff claimed that she suffered cervical strain as a direct result of the collision. Defendant contended that plaintiff was not injured in the accident and that plaintiff’s injuries, if any, were proximately related to the prior slip and fall accident. Case settled for $4,000 on the day of trial.
Location: Faulkner County, Arkansas
Case Name and Docket Number: United Financial Casualty Company v. Hill, 23-CV-2017-00516
Chain Reaction Rear-End Collision with Neck, Back, and TMJ Injuries
Type of Injury: Soft tissue injuries to her neck and upper back and TMJ dysfunction
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff’s automobile was the third vehicle in a line of traffic stopped at a traffic light. Defendant rear-ended one of the vehicles in the group of vehicles, causing a chain reaction. Plaintiff’s vehicle sustained front and rear-end damage. Plaintiff said that she sustained soft tissue injuries to her neck and upper back and TMJ dysfunction as a direct result of defendant’s negligence. Defendants contended that plaintiff had a pre-existing condition and that the impact was slight and, therefore, could not have caused all of plaintiff’s complaints. Case settled for $10,000 on the first day of trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Davis v. Metropolitan Emergency Medical Services, 60-CV-2013-03103
Moderate Neck and Back Injury Case Examples
Moderate neck and back injuries from a traffic accident might include a whiplash-type neck injury, more extensive and painful sprains to the neck and back, and some moderate disc damage. Imaging studies may reveal pre-existing spinal conditions that never caused you pain before the crash.
Your recovery may take several weeks or months, and you may be left with some residual aches and stiffness. You’ll be out of work longer with moderate neck and back injuries, especially if your work duties include standing, lifting, or other duties that cause pain.
General Head and Neck Injuries with High Wage Loss
Type of Injury: General head and neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $78,616
Case Summary: Plaintiff’s pickup truck was rear-ended by an 18-wheeler tractor-trailer driven by an employee of defendant. Plaintiff claimed head and neck injuries and $21,544.60 in lost wages as a result of the accident. Defendant did not seriously dispute liability but vigorously disputed the extent of Plaintiff’s claims of lost wages. Defendant moved for a directed verdict contending that there was insufficient evidence to calculate past and future wage loss. But the Court denied the motion. The Jury ruled in favor of the Plaintiff, awarding damages in the amount of $78,615.80.
Location: Washington County, Arkansas
Case Name and Docket Number: Thurmond v. Peterrie, 00-CIV-958
Neck, Back, and Shoulder Soft-Tissue Injuries
Type of Injury: Neck, back, and shoulder pain; headaches
Type of Accident: Rear-End
Award/Settlement Amount: $14,500
Case Summary: Plaintiff was involved in three separate motor vehicle accidents. In the first, plaintiff was a passenger on a bus when defendant rear-ended the bus. Plaintiff claimed she saw a doctor for headaches afterwards and was under a doctor’s care for approximately a month. In the second, Plaintiff’s automobile was struck from behind by defendant 2 at an intersection. Plaintiff said this time she was treated for neck and back problems. In the last collision, plaintiff claimed she was a passenger in an automobile that was rear-ended by defendant 3. She argued that as a result of that accident she had headaches and neck and back pain. In their separate answers, defendants denied all allegations. Defendants subsequently agreed to settle the claims for $14,500 prior to trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Chandler v. Penn, 3:12-cv-00104-BRW
Soft Tissue Neck and Back Injuries, Severe Leg and Arm Injuries
Type of Injury: Crushing injury to lower right leg; stress injury to arm; ulnar nerve injury to elbow; soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $78,000
Case Summary: Plaintiff was a passenger in a vehicle operated by her husband. They were stopped at a red light at an intersection. When the traffic light turned green, plaintiff’s husband proceeded into the intersection. Defendant driver ran a red light and struck plaintiff’s vehicle. Defendant claimed that he attempted to stop, but his vehicle skidded into the intersection. Plaintiff claimed that she suffered crushing injuries to her lower right leg, soft tissue neck and back injuries and an ulnar nerve injury as a direct result of the accident. Defendant contended that plaintiff was exaggerating the extent of her injuries and damages. Jury returned a verdict in favor of plaintiff for $78,000.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Farmer v. Gandy, 2:15-cv-00110-KGB
High-Speed Crash with Herniated Disc Injuries
Type of Injury: Back injury-Herniated disc
Type of Accident: Rear-End
Award/Settlement Amount: $50,000
Case Summary: While driving, a truck kicked up a rock and cracked Defendant1’s windshield. Defendant 1 stopped in the road in order to get the truck to pull over. Traffic behind the stopped vehicles was forced to stop. Defendant 2 rear-ended plaintiff’s stopped vehicle at a high rate of speed, causing the vehicle to spin around and strike two other vehicles. Plaintiff claimed he suffered a herniated disc as a direct result of the collision. Both defendants contended that the negligence of the other defendant was the proximate cause of the accident and that plaintiff’s injuries were not proximately related to the accident. Jury returned a verdict of $50,000 in favor of plaintiff. Per plaintiff’s counsel, the nature of the accident and the severity of the impact significantly impacted the outcome.
Location: Washington County, Arkansas
Case Name and Docket Number: Henry v. Berry, 72CV-09-3290
Hit and Run Back and Leg Injuries
Type of Injury: Injuries to back and leg
Type of Accident: Side-Impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was traveling east in the right lane during morning rush hour. Traffic was stopped in the left and center lanes and an unknown individual driving in the center lane quickly changed lanes, struck a glancing blow to a vehicle in the center lane, and struck plaintiff’s vehicle which was traveling at approximately 30 m.p.h. Plaintiff’s vehicle spun around and struck another vehicle in the center lane, which in turn struck a vehicle stopped in the left lane. The unknown driver stated that the accident was not his fault and left the scene without revealing his identity. Plaintiff suffered injuries to his back and leg. Defendant was plaintiff’s uninsured motorist carrier. Defendant contended that plaintiff was not as severely injured as alleged. Case settled for $25,000.
Location: Arkansas County, Arkansas
Case Name and Docket Number: Hill v. Geico Insurance, 2:11cv2182
Soft Tissue Neck and Back Injuries
Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was operating the first vehicle in a line of vehicles. Defendant rear-ended the vehicle behind plaintiff, pushing it into plaintiff’s vehicle. Plaintiff claimed that he suffered soft tissue neck and back injuries due to defendant’s negligence. Defendant contended that she was unable to stop due to slippery road conditions; the intervening vehicle was the proximate cause of the damage to plaintiff’s vehicle; and the extent of her liability was uncertain. Per counsel, case settled on the first day of trial for $15,000.
Location: Saline County, Arkansas
Case Name and Docket Number: Battles v. Morehead, CA-07-1176
Soft-Tissue Neck Injury with Aggravation of Prior Back Injury
Type of Injury: Soft tissue neck injury, headaches and aggravation of a pre existing back injury.
Type of Accident: Side-Impact
Award/Settlement Amount: $17,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same street. Defendant entered an intersection controlled by a traffic light. As the light turned yellow, plaintiff entered the same intersection in the opposite direction. Unable to stop, plaintiff proceeded through the intersection and was struck by defendant, who was making a left turn. Plaintiff suffered soft tissue neck injury, headaches and aggravation of a pre existing back injury. Defendant contended that he proceeded to make the left turn to avoid getting “hung out” in the intersection once the light turned red and that he had almost completed the turn when the collision occurred. Jury found for Plaintiff in the amount of $17,000.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Andrew v. Overbey, 2:08cv2115; 2:08-cv-02115
Severe Neck and Back Injury Case Examples
Severe traumatic neck and back injuries can be painful and incapacitating. Victims may be left with permanent disabilities that affect every aspect of their life. Severe injuries of any type should be handled by an experienced attorney to ensure the best financial outcome for the victim.
Soft-Tissue Neck Injury with Closed Head Injury, Concussion
Type of Injury: Closed head injury; soft tissue neck injury; post-concussive syndrome; post-concussive headaches
Type of Accident: Head-On
Award/Settlement Amount: $85,000
Case Summary: Defendant was driving the third vehicle in a line of vehicles. The first vehicle made a left turn. The second vehicle slowed or stopped and defendant struck this vehicle, pushing it into oncoming traffic where it struck plaintiff’s vehicle head-on. Plaintiff suffered a closed head injury, soft tissue neck injury and post-concussive syndrome resulting in post-concussive headaches. The driver of the second vehicle was initially named a defendant, but was dismissed several months prior to trial. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff’s injuries were not as severe as she alleged. Plaintiff received $85,000 in a jury verdict.
Location: Boone County, Arkansas
Case Name and Docket Number: Mains v. Wice, 12CV-06-7
Passenger Suffers Serious Neck and Spine Injuries
Type of Injury: Neck and spine injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $157,150
Case Summary: Plaintiff was a passenger in a vehicle driven by defendant. Plaintiff claimed defendant was attempting to complete a left turn out of a parking lot when co-defendant, driving north and attempting to pass a stopped vehicle on the side of the road, broadsided plaintiff’s host vehicle. Plaintiff claimed he sustained serious injuries to his neck and spine due to the accident. Plaintiff claimed both defendants were negligent and liable for the accident and his injuries. In their answer, the defendants admitted contact between the vehicles occurred, but denied negligence. Jurors found in plaintiff’s favor, awarding him $76,874.59 for past economic damages, $18,525 for future economic damages, and $61,750 for noneconomic damages.
Location: St. Francis County, Arkansas
Case Name and Docket Number: Pamplin v. Steven, CIV-97-170-1
Neck, Back and Disc Injuries with Cervical Radiculopathy
Type of Injury: Neck and back spine injuries-cervical and lumbar strain;
Type of Accident: Side-Impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was driving a family pickup down a flat section of a hilly two-lane state highway. His wife was the right front seat passenger. Suddenly Defendant, who was driving a load of logs in a tractor-trailer ran a stop sign off a side road causing the plaintiff to skid into the truck’s side. Both plaintiffs claimed injuries along the neck and back spine. Plaintiff’s injuries were less severe than those of his wife. She was diagnosed with cervical and lumbar strain with mild cervical radiculopathy at C6-7, and degenerative disc disease. Defendants admitted to the accident but denied liability. Jury found for the plaintiffs against defendants for $397,866.93. (Approximately $200,000 per plaintiff)
Location: Ashley County, Arkansas
Case Name and Docket Number: Sharp v. Timer, 1999 221
Back Injury with Herniated Lumbar Discs
Type of Injury: Back injury-herniated disc at L3-5 and L5-S1
Type of Accident: Side-Impact
Award/Settlement Amount: $306,400.00
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, plaintiff’s vehicle was stationary, waiting for a traffic light to change when he was rear-ended by Defendant 1 with such force that a German Shepherd in the back seat was thrown forward into the front seat. In the second accident, plaintiff was traveling when he was broadsided by Defendant who ran a red light and collided with a third vehicle. Plaintiff claimed he suffered herniated disc at L3-5 and L5-S1 as a result of the two accidents. Defendant1 argued that Plaintiff failed to wear a fully available and operational seat belt. Defendant2 generally denied all allegations. Jury returned a plaintiff verdict for $ 117,300 against Defendant1 and $306,400 against Defendant2.
Location: Pope County, Arkansas
Case Name and Docket Number: Hale v. Empire Express, Inc., 3:16-cv-00120
Cervical Spine Injury Resulting in Quadriplegia
Type of Injury: Neck injury-Cervical spine injury resulting in quadriplegia
Type of Accident: Single Vehicle
Award/Settlement Amount: $3,150,000
Case Summary: Plaintiff was a passenger in the front seat of a car which defendant, a 17-year-old male, had received from his father that day. Two other teenagers were sitting in the back seat of the vehicle. Defendant was “testing” his auto. He was driving 90 m.p.h. on a Road, which had hills, dips and turns, when he drove onto the shoulder. Defendant overcorrected and his automobile spun around, struck a tree, flipped into the air and came to rest on its roof. Plaintiff injured his spine, rendering him a quadriplegic. Other occupants of the auto were not injured. Defendant contended that plaintiff was contributorily negligent and assumed the risk in riding in the vehicle and in encouraging him to increase his speed. Jury returned a plaintiff verdict for $3,150,000.
Location: Baxter County, Arkansas
Case Name and Docket Number: Hicks v. Paden, CIV 97-170
Compression of Spinal Column and Herniated Cervical Discs
Type of Injury: Back injury-Compression of spinal column and nerve roots; Neck injury-herniated cervical discs
Type of Accident: Rear-End
Award/Settlement Amount: $240,000
Case Summary: Plaintiff was driving his vehicle north during morning rush hour. Defendant rear-ended a vehicle in front of his vehicle and started a chain reaction. Plaintiff’s vehicle was the third vehicle in the six-car collision. Plaintiff suffered compression of spinal column and nerve roots in back requiring emergency surgery to relieve further compression and herniated cervical discs in neck requiring fusion. Defendants contended that the accident was unavoidable among other affirmative defenses. Plaintiff settled with the defendant drivers for $240,000 prior to trial.
Location: Drew County, Arkansas
Case Name and Docket Number: Sullivan v. Hartsell, CV 2003-0233-1
Herniated Discs Requiring Laminectomy with Residual Pain and Weakness
Type of Injury: Back injury-herniated disc; Bruises to shoulder, arm and legs; lacerated knee
Type of Accident: Rear-End
Award/Settlement Amount: $300,000
Case Summary: Plaintiff and Defendant1 were traveling in opposite directions. Defendant1 stopped to make a turn and a third party stopped behind Defendant1 without incident. Defendant 2, an employee of Defendant 3, was operating a large truck and he struck the third party’s vehicle which subsequently struck Defendant1’s vehicle, forcing it head-on into plaintiff’s vehicle. Plaintiff suffered bruises to shoulder, arm and legs, lacerated knee, and herniated disc requiring laminectomy with residual pain and weakness in back. Plaintiff claimed $13,212 in medical specials, $25,000 in past lost income and $121,000 in future lost income. Defendant 2 contended that Defendant1 contributed to the accident. Defendant1 contended that her negligence was not the proximate cause of the accident. The case settled for $300,000 prior to trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Hardy v. Osinowo, 3:10-cv-00204-JMM
Methodology
Payout averages and ranges are drawn from actual car accident lawsuits filed in Arkansas courts. Here we focused on cases involving neck and back injuries for analysis.
Averages are calculated by adding the settlements and court awards for each group, then dividing by the number of cases in the group. An unusually high award in a group can skew the average higher for that group.
All cases in our group received a payout, either an insurance settlement or a court award. We did not consider cases that were denied by the insurance company or lost at trial.
In cases with more than one injured party, we used the highest settlement or award issued to one victim, so as not to overstate what an individual might get for compensation in similar circumstances.