Explore actual Florida car accident payouts for neck and back injuries. Look for injury cases similar to yours.

The amounts presented here are drawn from actual lawsuits filed in Florida courts by car accident victims with neck and back injuries. Spinal injuries can happen in any kind of motor vehicle accident, from low-impact fender-benders to severe head-on collisions.

The average payout in Florida for a moderate car accident neck or back injury is $39,048. Payouts range widely, from $266 for minor soft-tissue injuries to $36,399,444 for permanent brain injury.

Average Florida Neck and Back Injury Settlements

Averages and ranges are drawn from a group of real Florida car accident cases involving a range of neck and back injuries.

Average Payout by Severity of Injury
Minor Neck-Back Injury	$5,925
Moderate Neck-Back Injury	$39,048
Severe Neck-Back Injury	$1,660,317
Payout Range by Severity of Injury
Minor Neck-Back Injury	$266 - $12,731
Moderate Neck-Back Injury	$14,034 - $87,518
Severe Neck-Back Injury	$90,000 - $36,399,444

While the victims in this case group suffered from neck or back injuries, car accident victims often sustain multiple injuries. Insurance settlements and jury awards are based on all the claimant’s losses, not just one specific injury.

How Neck and Back Injury Settlements are Calculated

Florida car accident payouts are usually made under the victim’s no-fault Personal Injury Protection (PIP) coverage. In Florida, PIP pays for 80 percent of injury costs and 60 percent of lost wages. There is no PIP compensation for pain and suffering.

Severe injuries that exceed the no-fault threshold should only be handled by a personal injury attorney. An attorney will pursue the full value of your past and future damages, including medical bills, related out-of-pocket costs, lost wages, and compensation for pain and suffering.

Treatment Costs for Neck and Back Injuries

Whether you are making a PIP claim or pursuing a liability claim, the insurance company is only required to pay reasonable costs for the evaluation and treatment of injuries. Reasonable costs are medically necessary based on current standards for medical care.

In Florida, PIP will often not pay for acupuncture or massage for neck or back injuries.

• 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 Florida costs more than $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 $4,000.
• 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 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 paralysis 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 Florida:

• No-Fault Threshold – Insurance companies will challenge excessive charges for soft-tissue neck and back injuries after a minor car accident.
• Shared Fault – Florida is a pure comparative fault state. This means you can file an injury claim even when you are mostly to blame for causing your injuries. Your payout will be reduced according to your portion of fault.
• Auto Policy Limits – Florida requires all drivers to carry $10,000 in Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. Florida does not require drivers to carry bodily injury liability coverage.
• Uninsured/Underinsured Coverage – Florida does not require Uninsured/Underinsured Motorist coverage. If you don’t have UM/UIM coverage, you may not be fully compensated for serious injuries caused by a driver with little or no insurance.
• Multiple Claimants – When multiple people are injured in the same accident, there may not be enough insurance money to go around. The total available insurance coverage will be split among all injured parties.
• Punitive Damages – Punitive damages in Florida can only be awarded when a court finds the defendant guilty of intentional misconduct or gross negligence. Awards are limited to three times the compensatory damages, or $300,000, whichever is higher.
• Commercial Policies – When the at-fault party owned or was driving a commercial vehicle, like a tractor-trailer, much higher insurance limits are available for serious injuries. Commercial liability policies often have million-dollar limits.

Frequently Asked Questions

Minor Injury Case Examples

Car accident victims with minor neck and back injuries often recover within a few weeks. Minor soft-tissue injuries can be tender and sore for a week or two. These types of injuries can keep the person out of work for several days.

Small Award for Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries; Aggravation of ganglion cyst on left wrist
Type of Accident: Rear-end
Award/Settlement Amount: $266
Case Summary: Plaintiff was making a left turn into a parking lot when Defendant rear-ended Plaintiff’s vehicle. Defendant alleged that Plaintiff did not have blinker or brakes on at the time of the accident, and the turning arrows were for right only, not for left. Plaintiff claimed he suffered neck and back soft tissue injuries; and ganglion cyst on left wrist, requiring surgery. Plaintiff acknowledged he was in a prior accident and was being treated for the ganglion cyst at the time of this accident. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury further determined that plaintiff’s damages totaled $265.76.
Location: Palm Beach County, Florida
Case Name and Docket Number: Joseph v. Beard, 00-10071 AO

Passenger Neck, Mid-Back, and Low Back Pain

Type of Injury: Soft tissue neck and low back; thoracic pain
Type of Accident: Head-on
Award/Settlement Amount: $846
Case Summary: Plaintiff was a passenger in a vehicle stopped at the exit of a parking lot. Defendant was operating a vehicle east on Road A. Plaintiff’s vehicle was waiting to make a left turn onto Road A and defendant was waiting to make a left turn onto an access road leading into the parking lot. As Defendant made the left turn, his vehicle was struck by another vehicle which was coming toward him westbound on Road A. The impact pushed Defendant’s vehicle into the oncoming traffic causing a head-on collision with Plaintiff’s vehicle. Defendant admitted liability but disputed permanency and the reasonableness and necessity of Plaintiff’s medical expenses. The plaintiff claimed injury to neck and low back with thoracic pain. The jury awarded $846 to Plaintiff.
Location: Volusia County, Florida
Case Name and Docket Number: Harrop v. Decker , 2000-10098 CIDL

Herniated Disc Award After PIP Setoff

Type of Injury: Back injury-herniated disc at L5-S1 and L4-L5
Type of Accident: Side-impact
Award/Settlement Amount: $938
Case Summary: Defendant ran a red light, causing a T-bone collision with Plaintiff’s vehicle. Liability was admitted. Plaintiff claimed a herniated disc at L5-S1 and L4-L5, for which no surgery was required. Defendant alleged the discs were pre-existing or not caused by this accident. The jury found that Plaintiff did not suffer a permanent injury because of this accident. The jury further determined that plaintiff’s damages totaled $10,938. There was a net verdict of $938 after PIP set-off.
Location: Palm Beach County, Florida
Case Name and Docket Number: Vorshees v. Pollack, 99-12016 AI

Aggravation of Pre-Existing Cervical Complaints

Type of Injury: Shoulder injury-left shoulder pain and impingement syndrome; aggravation of pre-existing cervical complaints
Type of Accident: Side-impact
Award/Settlement Amount: $1,925
Case Summary: Defendant ran a red light and T-boned Plaintiff’s vehicle at an intersection. Defendant admitted liability but contested causation and damages. Plaintiff claimed left shoulder pain; aggravation of pre-existing cervical complaints for which Plaintiff received chiropractic care for six months. Plaintiff’s Doctor diagnosed him with impingement syndrome and performed shoulder surgery to remove bone spur and one centimeter of clavicle. Plaintiff acknowledged he fell down in his home three weeks after the accident, which exacerbated his shoulder injury. Defense Expert testified that shoulder impingement is usually the result of repetitive overhead use; however, between the minor slow speed accident and the fall at home, he believed that the fall was the more likely cause for Plaintiff’s continuing complaints and need for surgery. The jury returned a $1,925 verdict for Plaintiff.
Location: Orange County, Florida
Case Name and Docket Number: Heinitz v. Bergman, CIO-00-4353 (35)

Soft-Tissue Neck and Shoulder Injuries

Type of Injury: Soft tissue neck and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,000
Case Summary: Defendant1 operated a vehicle owned by Defendant2 at an intersection when he rear-ended Plaintiff’s vehicle. Plaintiff claimed he suffered soft tissue neck and shoulder injuries. Defendants admitted liability, but disputed causation and damages. Defendants argued that plaintiff was involved in another motor vehicle accident three days later. Defendants further contended that any of plaintiff’s injuries were causally related to the subsequent accident. The jury found in favor of Plaintiff in the amount of $2,000. Plaintiff’s Motion for New Trial and Motion for Additur were denied.
Location: Sarasota County, Florida
Case Name and Docket Number: Caldwell v. Save-On Enterprises, 2003-CA-9025

Minor Impact Crash Results in Soft-Tissue Neck Injury

Type of Injury: Hand injury-bilateral carpal tunnel syndrome on right hand and left hand; Others- laceration to back of scalp requiring seven stitches; soft tissue injury to neck; vertigo; and concussion
Type of Accident: Rear-end
Award/Settlement Amount: $2,294
Case Summary: Defendant1 was operating a vehicle owned by Defendant 2 when she rear-ended Plaintiff’s vehicle at an intersection. Defendants alleged this was a minor rear-end impact. Liability was admitted. Plaintiff claimed he suffered bilateral carpal tunnel syndrome which required surgery on right hand and left-hand surgery was recommended; laceration to back of scalp requiring seven stitches; soft tissue injury to neck; vertigo; and concussion. Defendants alleged that Plaintiff was involved in prior accidents and that the carpal tunnel syndrome was not related to this accident. The jury found that Plaintiff did not suffer a permanent injury, awarding plaintiff $2,294.
Location: Dade County, Florida
Case Name and Docket Number: Maria v. Torrent, 98-1567 CA 03

Herniated Lumbar Discs and Torn Rotator Cuff

Type of Injury: Back injury-herniated discs at L4-L5 and L5-S1; Shoulder injury-a torn rotator cuff
Type of Accident: Side-impact
Award/Settlement Amount: $2,410
Case Summary: Defendant was exiting a parking lot of a Plaza when she broadsided Plaintiff’s vehicle as it was passing by. Defendant admitted liability for causing the accident. Plaintiff claimed he suffered herniated discs at L4-L5 and L5-S1 for which surgery was not performed nor recommended; and a torn rotator cuff for which surgery was recommended. Defendant alleged that all of Plaintiff’s injuries were pre-existing. The jury found that there was negligence on the part of Defendant which was a legal cause of loss, injury, or damage to Plaintiff. The jury also found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded $2,410 only (past medical expenses) to Plaintiff.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Tinsky v. Hankin, 99-14540 CA 01

Pre-Existing Injuries Affect New Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,229
Case Summary: A vehicle operated by Defendant rear-ended Plaintiff’s vehicle, which was stopped for the traffic light at the intersection. Defendant admitted liability and the case proceeded to trial on issues of causation and damaged. Plaintiff claimed he suffered soft tissue injuries to neck and back. Defendant alleged that Plaintiff was never treated for low back pain or lumbar spine problems relating to this accident. Defendant argued that Plaintiff’s medical records indicated neck and back complaints arising from a prior motor vehicle accident and complaints to the Veterans Administration relating to Plaintiff’s low back pain to an altered gait because of previous surgery to the left foot for the removal of a benign tumor. The parties subsequently reached a settlement for $4,228.51.
Location: Seminole County, Florida
Case Name and Docket Number: Davis v. Maise, 07-CA-3746-08-L

Soft-Tissue Neck Injury Award

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $4,440
Case Summary: Plaintiff applied her brakes and came to a sudden stop when a dog ran in front of her vehicle, causing Defendant’s vehicle to rear-end Plaintiff’s vehicle. The name of the dog’s owner was unknown. Plaintiff contended that defendant was negligent for following too closely and speeding. Defendant alleged that a dog running out into the street is something a defensive driver should be aware of, and therefore Plaintiff was partially responsible for the collision. Defendant further alleged that the owner of the dog should also be held partially responsible for the collision. Plaintiff suffered soft tissue neck injury. The jury found that Plaintiff did not suffer a permanent injury because of this accident. The jury awarded $4,440 to Plaintiff.
Location: Duval County, Florida
Case Name and Docket Number: Bruce v. Morton, 00-01814-CA

Lumbosacral and Cervical Disc Bulges and Extrusions

Type of Injury: Back injury-extrusion of disc at L5-S1 and Grade II lumbosacral; Neck injury- cervical sprain, bulging discs at C3-C4 and C5-C6
Type of Accident: Rear-end
Award/Settlement Amount: $4,500
Case Summary: Plaintiff stated that she was stopped for traffic waiting for a vehicle ahead of her to make a right turn into a restaurant drive-thru when her vehicle was rear-ended by a vehicle operated by Defendant. Defendant alleged that he was attempting to make a left turn at the entrance to a Home Depot adjacent to the restaurant drive-thru when Plaintiff’s vehicle rolled backward down the graded slope entrance toward defendant’s vehicle. Plaintiff suffered extrusion of disc at L5-S1; Grade II lumbosacral and cervical sprain; and bulging discs at C3-C4 and C5-C6. Defendants alleged that Plaintiff’s continuing treatment and complaints were related to a previous lumbar injury and injuries sustained in a subsequent accident. Jury found plaintiff’s negligence: 50%; Defendant’s Negligence: 50%. Plaintiff received net award of $4,500.
Location: Hillsborough County, Florida
Case Name and Docket Number: Houston v. Valdez, 99-01740

No Permanent Injury to Neck or Back

Type of Injury: Soft tissue injuries to neck and back; aggravation of arthritis in the knee
Type of Accident: Rear-end
Award/Settlement Amount: $4,868
Case Summary: Plaintiff was operating his vehicle at an intersection. Plaintiff was stopped for the red light when his vehicle was rear-ended by Defendant. Liability was admitted. Plaintiff suffered soft tissue injuries to neck and back, primarily the neck, and aggravation of arthritis in the knee. Defendant contended that plaintiff’s injuries were preexisting and unrelated to this accident. The jury found that Plaintiff suffered no permanent injury because of this accident. The jury award $4,867.76 to Plaintiff.
Location: Palm Beach County, Florida
Case Name and Docket Number: Brennen v. Brown, CL 99-5293 AE

Rear-End Accident Causes Neck, Back, and Knee Injuries

Type of Injury: Soft tissue neck and back injuries; Knee injury-torn medial meniscus
Type of Accident: Rear-end
Award/Settlement Amount: $5,965
Case Summary: Defendant rear-ended Plaintiff’s motor vehicle at an intersection. Defendant alleged that Plaintiff stopped suddenly and made a left turn from the center lane, causing the collision. Plaintiff contended that defendant failed to yield the right of way and was to blame for the accident. Plaintiff claimed he suffered a torn medial meniscus for which surgery was recommended, as well as neck and back soft tissue injury. The jury determined that both parties were equally at fault for the accident (Plaintiff’s Negligence: 50%; Defendant’s Negligence: 50%). The jury also found that Plaintiff did not suffer a permanent injury because of this accident. Plaintiff received a net verdict of $5,965.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Osme v. Jackson, 96-26289 CA 15

Prior Treatment for Neck and Back Pain

Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $6,165
Case Summary: Plaintiff was traveling north through a green light at an intersection. Defendant was traveling south and made a left turn on a green light resulting in a T-Bone collision with Plaintiff’s vehicle. Defendant admitted liability, but disputed causation and damages. Plaintiff suffered soft tissue injuries to neck and back. Defendant contended that plaintiff’s back injury was pre-existing. The plaintiff admitted during cross-examination that she had been prescribed a brace for her back pain prior to the accident. The jury found that Plaintiff did not suffer a permanent injury because of this accident. Jury awarded $6,165 to Plaintiff (past medical expenses).
Location: Palm Beach County, Florida
Case Name and Docket Number: Fassberg v. Borah, 01-0530 AD

Aggravation of Prior Cervical Disc Herniations

Type of Injury: Neck Injuries-Aggravation of pre-existing mild anterior herniated disc at C3-C4, chronic anterior herniated disc at C4-C5, chronic anterior herniated disc with well-developed osteophytes at C5-C6 and protruding disc at C6-C7.
Type of Accident: Rear-end
Award/Settlement Amount: $9,440
Case Summary: As Plaintiff proceeded forward on the green light, her vehicle was rear-ended by a vehicle that had been pushed into Plaintiff’s vehicle by a vehicle operated by Defendant 1 and owned by Defendant 2. Defendant1 alleged that an unknown driver of a box truck unexpectedly changed lanes in front of his vehicle, causing defendant1 to switch to the far-right lane and rear-end the vehicle that rear-ended Plaintiff’s vehicle. Plaintiff claimed he suffered an aggravation of his pre-existing neck condition. Plaintiff’s doctor opined that the herniation at C3-C4 occurred at a different time than the other pre-existing findings but acknowledged that he could not determine the age of Plaintiff’s findings. Defendants admitted liability, but disputed damages and causation. Jury awarded $9,440.06 to Plaintiff.
Location: Seminole County, Florida
Case Name and Docket Number: Hardy v. Tapia, 05-CA-1533-08

Plaintiff Declines Whiplash Settlement

Type of Injury: Soft tissue neck injury; whiplash
Type of Accident: Rear-end
Award/Settlement Amount: $9,511
Case Summary: Defendant tried to pass Plaintiff’s vehicle in the inside lane. At this time, Defendant saw another vehicle approaching and swerved back into Plaintiff’s lane, striking Plaintiff’s vehicle in the rear. Plaintiff’s vehicle had to be towed from the scene. Defendant admitted liability for causing the accident. Plaintiff sustained soft tissue neck injury, whiplash. Defendant offered $1,475 to settle prior to suit and made a Proposal for Settlement of $4,900 shortly before trial. Plaintiff did not accept any of the offers. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded plaintiff $9,511.31. Defendant’s Motion for New Trial was denied.
Location: Leon County, Florida
Case Name and Docket Number: Dickey v. Perkins, 06-CA-0772

Cervical, Thoracic, Lumbosacral, and Shoulder Injuries

Type of Injury: Neck Injury-Cervical sprain/strain, C5-C6 and C6-C7 disc bulge, mild spondylosis between C5-C6 and C6-C7; Others-thoracic, and lumbosacral right shoulder rotator cuff syndrome, herniated disc with disc hydration at T7-T8 and T9-T10 and T8-T9 small disc protrusion.
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff alleged that she had her turn signal on to turn left when Defendant pulled out and collided with Plaintiff’s vehicle. Defendant alleged that Plaintiff did not have the turn signal on to indicate she intended to make a left turn onto Road Y. Prior to trial, Defendant admitted liability. Plaintiff claimed a C5-C6 and C6-C7 disc bulge among other injuries. Defendant alleged that surveillance videotape taken of Plaintiff showed Plaintiff performing activity contrary to Plaintiff’s physician’s testimony. Jury found that Plaintiff did not suffer a permanent injury as a result of this accident, awarding him $10,000. Plaintiff’s Motion for New Trial was denied.
Location: Seminole County, Florida
Case Name and Docket Number: Ditaranto v. Baggett, 98-513-CA-08-E

Neck and Back Pain with Stiffness, Headaches

Type of Injury: Neck and mid-back pain and stiffness with headaches
Type of Accident: Rear-end
Award/Settlement Amount: $10,573
Case Summary: Plaintiff was the operator of a vehicle traveling eastbound on Road A. At the same time and place, Defendant1 was the permissive operator of a vehicle owned by Defendant 2. Plaintiff’s vehicle was stopped when Defendant’s vehicle struck the rear of Plaintiff’s vehicle. Defendant admitted negligence in causing the accident. Plaintiff claimed he suffered headaches, neck and mid-back pain and stiffness. Defendants contended that the low-speed impact was too minor to cause the alleged injuries. Defendants further alleged that Plaintiff’s injuries were soft tissue in nature. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of the accident and awarded him $10,572.58 (past medical expenses).
Location: Duval County, Florida
Case Name and Docket Number: Baker v. Sudak, 2007-009054-CA

Neck Injury from Low-Impact Collision

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $10,860
Case Summary: Plaintiff was approaching the exit ramp, as he slowed to make the exit, defendant rear-ended plaintiff’s vehicle. Plaintiff claimed he suffered neck soft tissue injury. Defendant admitted liability but disputed the nature and extent of plaintiff’s alleged injury and damages. The jury found that the plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded plaintiff $10,860.30.
Location: Broward County, Florida
Case Name and Docket Number: Berliner v. Paller, 01-6498 09

Soft-Tissue Neck Injury and Chest Wall Contusion

Type of Injury: Soft tissue neck injury; contusion of chest wall; and aggravation of previous brain injury
Type of Accident: Rear-end
Award/Settlement Amount: $10,902
Case Summary: Defendant was operating a vehicle with the consent and knowledge of his father. Plaintiff was traveling north, when she stopped to wait for traffic to clear so she could take a left turn into a parking lot. Defendant stated he momentarily looked away and did not realize Plaintiff had stopped. The defendant attempted to go around Plaintiff on the right but failed and collided with the rear of Plaintiff’s vehicle. It was determined that Defendant left thirty-nine feet of skid marks in his attempt to stop. Defendant had been in a series of accidents and had been given seven traffic tickets in the past three years. Plaintiff suffered cervical strain, contusion of chest wall, and aggravation of previous brain injury. The jury determined that plaintiff’s damages totaled $10,902.
Location: Lee County, Florida
Case Name and Docket Number: Parsley v. Durling, 99-1762-CA

Disc Herniations with Lumbar and Cervical Radiculopathy

Type of Injury: Neck injury-disc herniation at C5-C6; and Lumbar and cervical radiculopathy
Type of Accident: Side-impact
Award/Settlement Amount: $12,731
Case Summary: Plaintiff was a passenger in a vehicle driven by her daughter. Defendant1 was operating a vehicle with the permission of Defendant2 at an intersection when a broadside collision occurred. Plaintiff alleged that Defendant ran a stop sign and collided with plaintiff’s vehicle. Defendants admitted liability. Plaintiff claimed he suffered disc herniation at C5-C6; and Lumbar and cervical radiculopathy; Plaintiff’s treating Doctor recommended future injections and surgery. Defense expert opined plaintiff’s medical reports revealed degenerative changes at L4-L5 as confirmed by an MRI. Defendants therefore contended that plaintiff’s lumbar spine injuries were degenerative in nature and unrelated to this accident. Jury returned $12,731.30 verdict for Plaintiff.
Location: Broward County, Florida
Case Name and Docket Number: Scott v. Charles , 08-14852 (03)

Moderate Injury Case Examples

Moderate neck and back injuries take longer to heal and may keep the victim out of work for several weeks or months. Moderate injuries can include more serious sprains and strains, uncomplicated vertebrae fractures, herniated discs, and pinched nerves. There may be some lingering effects from moderate neck and back injuries.

Head, Neck, Back and Extremities Injuries

Type of Injury: Head injury-a mild head injury with brief loss of consciousness; others-broken rib; injuries to mid and low back, neck, both shoulders, left eye, left wrist, and left ankle; frequent headaches
Type of Accident: Rear-end
Award/Settlement Amount: $14,034
Case Summary: Plaintiff was approaching an intersection when he slowed down and came to a stop at the intersection to allow a vehicle in front of him to turn into a private driveway. After the vehicle completed the turn, and before Plaintiff could proceed forward, Plaintiff’s vehicle was rear-ended by a vehicle operated by Defendant 1 and owned by Defendant 2. Defendants admitted liability but disputed causation and permanency. Plaintiff claimed a mild head injury with brief loss of consciousness; broken rib; injuries to mid and low back, neck, both shoulders, left eye, left wrist, and left ankle; and frequent headaches. Defendants alleged that Plaintiff’s medical records revealed medical treatment for a prior motor vehicle accident. The jury returned a plaintiff verdict for $14,034.21.
Location: Orange County, Florida
Case Name and Docket Number: Jackson v. Bradley, 06-CA-9696-37

Multiple Cervical Disc Injuries from Head-On Crash

Type of Injury: Neck and back injuries-disc bulging at C4-C5 through C7-T1 with neural encroachment at C6-C7 and C7-T1 and Grade I spondylolisthesis at C6-C7
Type of Accident: Head-on
Award/Settlement Amount: $14,163
Case Summary: As Plaintiff proceeded through the intersection, a vehicle operated by Defendant pulled out in front of Plaintiff’s vehicle to make a left turn, causing a head-on collision between the two vehicles. Upon impact, Plaintiff’s vehicle turned in a counterclockwise direction, and collided with a sanitation truck. Prior to trial, Defendants admitted liability but disputed causation and permanency. Plaintiff claimed disc bulging at C4-C5 through C7-T1 with neural encroachment at C6-C7 and C7-T1 and Grade I spondylolisthesis at C6-C7. Defendant alleged all of Plaintiff’s medical condition was related to a cervical nerve injury sustained by Plaintiff in a prior trampoline accident. Jury found that Plaintiff did not sustain a permanent injury, awarding him $14,163.17.
Location: Osceola County, Florida
Case Name and Docket Number: Stewart v. Krolick, CI-07-AN-432

Unbelted Victim Suffers Cervical Neck Injury

Type of Injury: Neck injury- a Syrinx at C6 resulting in extensive neck, head, and back pain.
Type of Accident: Side-impact
Award/Settlement Amount: $19,000
Case Summary: Defendant pulled out from a side street and struck plaintiff’s vehicle broadside. Plaintiff claimed to have been wearing a seat belt at the time of the accident. However, defendant testified that he saw Plaintiff immediately after the impact and observed no shoulder strap in use. Plaintiff claimed extensive neck, head, and back pain. Cervical MRIs indicated a Syrinx at C6 which plaintiff’s doctor attributed to this accident. Defense Expert testified that there was no objective indication of a permanent injury, and that the Syrinx was observed to have no change on subsequent MRIs which indicated that the lesion was static, or pre-existed this accident. Jury determined Plaintiff was 30% negligent while defendant was 70% at fault. Jury awarded plaintiff $19,000.
Location: Volusia County, Florida
Case Name and Docket Number: Muscat v. McIlrath, 2000-32153 CICI

Herniated Cervical Discs, Aggravation of Lower Back Injury

Type of Injury: Neck injury-herniated disc at C5-C6; Aggravation of herniation to lower back
Type of Accident: Rear-end
Award/Settlement Amount: $20,367
Case Summary: Defendant rear-ended Plaintiff’s vehicle at a stop light. Plaintiff claimed an aggravation of herniation to lower back and herniated disc at C5-C6. Defendant admitted liability but denied causation. Plaintiff was taken by ambulance to Hospital and was treated and released. Plaintiff’s treating physician recommended facet block injections to the neck in a hospital setting. Plaintiff however did not receive the injections due to insurance plan issues. Plaintiff acknowledged he was previously injured in a fall incident which caused the herniation to lower back. Defendant contended that Plaintiff’s neck condition preceded this motor vehicle accident and that she did not suffer a new injury or permanent injury from this accident. The jury found that Plaintiff did not sustain a permanent injury as a result of this accident, awarding $20,367 to Plaintiff.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Marshall v. Goodman, 03-15388 (CA 15)

Cervical Disc Herniation, Degenerative Changes

Type of Injury: Neck injury-a disc herniation at C5-C6
Type of Accident: Side-impact
Award/Settlement Amount: $20,663
Case Summary: Plaintiff was operating a vehicle at an intersection, when Defendant pulled out of a driveway and struck the passenger side of Plaintiff’s vehicle. The court determined liability on the part of Defendants and trial proceeded as to causation and permanency of Plaintiff’s injuries. Plaintiff suffered a disc herniation at C5-C6. Plaintiff’s treating physician testified that plaintiff was at maximum medical improvement with a 7% impairment but was not a surgical candidate. Defense Expert stated the Plaintiff’s MRI of the cervical spine showed degenerative changes and findings at C5-C6 and C6-C7. He further indicated that there was no evidence of disc herniation; and there is no objective evidence to suggest permanent physical impairment which could be considered a direct or specific result of the accident. The parties subsequently settled the case for $20,663.04.
Location: Seminole County, Florida
Case Name and Docket Number: Fatula v. Iyer, 98-1530-CA-08

Whiplash Neck Injury and Degloved Hand

Type of Injury: Hand injury-a degloved left hand; whiplash injury
Type of Accident: Side-impact
Award/Settlement Amount: $25,000
Case Summary: Defendant 1, the operator of a vehicle owned by Defendant 2 broadsided Plaintiff’s vehicle in the middle of the intersection. The collision caused Plaintiff’s vehicle to flip over. Defendant1 claimed that she had a green light and was going through the intersection when Plaintiff’s vehicle struck her vehicle, and that Plaintiff caused the accident. Plaintiff claimed he sustained a degloved left hand and whiplash injury. The jury found negligence on the part of both Plaintiff (20%) and Defendant (80%). Plaintiff subsequently accepted defendants’ offer of settlement in the amount of $25,000.
Location: Volusia County, Florida
Case Name and Docket Number: Elbadramany v. Foster, 2006-30136-CICI

Multiple Thoracic and Lumbar Disc Injuries

Type of Injury: Back injury-a moderate left foraminal disc herniation at L4-L5; mild disc herniation at L1-L2; minor disc desiccation at L1-L2, L2-L3, and L3-L4; moderate disc narrowing and disc desiccation at T11-T12 and T12-L1
Type of Accident: Rear-end
Award/Settlement Amount: $26,155
Case Summary: Defendant made an improper lane change, cutting in front of Plaintiff and causing Plaintiff’s vehicle to strike the rear-end of Defendant’s vehicle. Defendant admitted liability, and trial proceeded as to causation and permanency of Plaintiff’s injuries. Plaintiff claimed he suffered a moderate left foraminal disc herniation at L4-L5; mild disc herniation at L1-L2; minor disc desiccation at L1-L2, L2-L3, and L3-L4; moderate disc narrowing and disc desiccation at T11-T12 and T12-L1. He underwent a left lateral discectomy and laminectomy at L4-L5. Defense expert characterized the finding at L4-L5 as a bulging disc and opined that all findings of the lumbar spine were degenerative in nature and related to pre-existing conditions. The jury awarded plaintiff $ 26,155.15.
Location: Pinellas County, Florida
Case Name and Docket Number: Linthicum v. Justus, 05-2852-CI-8

Teen Girl with Soft Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $29,999
Case Summary: Plaintiff was an unbelted back-seat passenger in a vehicle owned by Defendant 1 and operated by Defendant 2. Plaintiff and defendant2 were driving to school with three other teenage girls. While attempting to merge, Defendant2 rear-ended a pickup truck that was stopped in the merge lane due to morning rush hour traffic. Plaintiff suffered soft tissue injuries to her neck and back. Plaintiff’s treating physician opined that Plaintiff had suffered a permanent soft tissue injury to her neck because of the motor vehicle accident and assigned her a 5% permanent impairment rating. Liability was admitted. However, defendants contested the threshold (permanency) issue, arguing that the jury could disregard all experts’ opinions. The trial judge granted a direct verdict on the threshold issue. The jury awarded plaintiff $29,999.20.
Location: Pinellas County, Florida
Case Name and Docket Number: Schroeder v. Becker, 98-5825-CI-21

Herniated Disc Requiring Decompression Surgery

Type of Injury: Neck injury-Herniated disc at C4-C5; emotional distress
Type of Accident: Rear-end
Award/Settlement Amount: $30,594
Case Summary: Plaintiff came to a stop at a red traffic light, he was then rear-ended by a vehicle operated by Defendant’s employee. Defendants admitted that the negligence of defendant driver caused the accident but denied Plaintiff’s damages. Plaintiff claimed he suffered a herniated disc at C4-C5 which required spinal cord decompression surgery and emotional distress. Defendants argued that Plaintiff’s injuries were pre-existing, noting degenerative changes in his cervical spine as shown in an x-ray taken the day of the accident, as well as an MRI scan taken the following month, showing degenerative disc disease at C3-C4, C5-C6, and C6-C7 levels. The jury returned a plaintiff verdict for $30,593.80.
Location: Broward County, Florida
Case Name and Docket Number: Morse v. Broward County Board of County Commissioners, 03-9762 12

Soft-Tissue Lower Back, Hip, and Knee Pain

Type of Injury: Soft tissue back injury-lower back pain; others-right knee and hip pain
Type of Accident: Side-impact
Award/Settlement Amount: $32,000
Case Summary: Plaintiff was driving south near an intersection controlled by a traffic light. At the same time, a vehicle operated by defendant ran a red light at the intersection and broadsided Plaintiff’s vehicle. Plaintiff suffered from right knee and lower back pain; and hip pain (mostly in sacroiliac joint). Defendants admitted liability for the accident. The jury found that the negligence on the part of Defendants was a legal cause of loss, injury, or damage to Plaintiff. The jury also found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. Plaintiff received $15,000 – past medical expenses; and $17,000 – past lost earnings.
Location: Collier County, Florida
Case Name and Docket Number: Brandt v. Tripp, 06-0702-CA

Neck and Back Injuries from Accidents and Falls

Type of Injury: Soft tissue injuries to neck and low back
Type of Accident: Rear-end
Award/Settlement Amount: $32,463
Case Summary: Plaintiff was a passenger in a vehicle operated by her daughter. Plaintiff’s vehicle was stopped at an intersection. Defendant1 was the owner of a vehicle driven by Defendant 2, rear-ended Plaintiff’s vehicle. Defendant did not admit liability, but alleged this was a minor impact. There was no damage to Defendant’s vehicle, and $300 damage to Plaintiff’s vehicle. Plaintiff suffered soft tissue injuries to neck and low back. Defendants alleged these were pre-existing conditions as Plaintiff had significant degenerative changes in her spine. Prior to this accident, Plaintiff had been involved in two accidents and four falls. Defense Expert testified Plaintiff had significant changes in the spine. Plaintiff made no claim for lost wages. The jury awarded plaintiff $32,462.60 ($ 22,462.60-past medical expenses; $10,000 future medical expenses.)
Location: Palm Beach County, Florida
Case Name and Docket Number: Gomez v. Gribkoff, 95-9951 AJ

Side-Impact Collision Results in Soft-Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck, back and right knee injury
Type of Accident: Side-impact
Award/Settlement Amount: $36,481
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting streets. Defendant failed to yield to a stop sign, resulting in a broadside motor vehicle accident with plaintiff’s vehicle. Plaintiff suffered soft tissue neck, back and right knee injury. Defendant admitted liability for causing the accident and the case proceeded to trial on issues of damages only. The jury awarded plaintiff $36,481.
Location: Orange County, Florida
Case Name and Docket Number: Quintyne, II v. Wolf, 16-6378-CI

Neck and Shoulder Injuries, Disputed TMJ

Type of Injury: Soft tissue neck and shoulder injury; headaches; and bilateral TMJ disc displacement
Type of Accident: Rear-end
Award/Settlement Amount: $38,298
Case Summary: Defendant failed to observe Plaintiff’s vehicle stopped in front of him, slammed on his brakes, and rear-ended Plaintiff’s vehicle, pushing it into the vehicle in front of it, resulting in a four-vehicle collision. Plaintiff suffered neck and shoulder pain; headaches; and bilateral TMJ disc displacement. Plaintiff was scheduled to undergo bilateral TMJ surgery within two weeks of trial. Defendant contended that the TMJ dysfunction was not related to this accident. The jury found for the plaintiff in the amount of $38,298. Per Counsel, plaintiff had rejected Defendant’s settlement offer of $50,000 policy limits.
Location: Pinellas County, Florida
Case Name and Docket Number: Obstaculo v. Silkie, 01-1377-CI-21

Multiple Cervical and Thoracic Disc Herniations

Type of Injury: Neck and back injuries-multiple disc herniations from C3 to T1; and disc herniation at C4-C5
Type of Accident: Side-impact
Award/Settlement Amount: $38,878
Case Summary: Defendant was attempting to make a left turn into the parking lot of the apartment complex when his vehicle was t-boned by another vehicle. The impact caused defendant’s vehicle to overturn onto the hood of Plaintiff’s vehicle. Plaintiff suffered multiple disc herniations from C3 to T1; and disc herniation at C4-C5. Defendants alleged that Plaintiff’s vehicle was encroaching too closely into the intersection at the time of the accident. On the first day of the trial, Defendants stipulated as to liability. Case subsequently settled for $38,878.45.
Location: Seminole County, Florida
Case Name and Docket Number: Hardy v. Adams, 06-CA-2585-08

Aggravated Soft-Tissue Neck Injury and Degeneration

Type of Injury: Soft tissue back injury
Type of Accident: Rear-end
Award/Settlement Amount: $48,300
Case Summary: Defendant1 owned a motor vehicle which was operated by its employee, Defendant 2. Plaintiff had slowed down behind other vehicles when she was rear-ended by Defendant’s vehicle. Negligence was admitted by defendant 2. Plaintiff suffered soft tissue back injury. Plaintiff acknowledged she had a degenerative neck condition, which she argued was asymptomatic before the accident. Defendants’ and Plaintiff’s attorneys had entered into a high-low agreement for $ 2,500 -$ 50,000. Jury returned a plaintiff verdict for $48,300 for Plaintiff ($12,800 – past medical expenses; $3,000 – future medical expenses; $4,500 past lost earnings; $3,000 – future lost earning ability; $5,000 – past pain and suffering; $20,000 – future pain and suffering.)
Location: Palm Beach County, Florida
Case Name and Docket Number: Ferguson v. Ingoglia, 99-7223 AF

Cervical and Thoracic Sprains and Strain

Type of Injury: Neck and back injury-a cervical and thoracic sprain/strain
Type of Accident: Rear-end
Award/Settlement Amount: $69,577
Case Summary: Plaintiff exited a ramp off an interstate and came to a complete stop when his vehicle was rear-ended by defendant, who was issued a citation for failure to use due care special hazards. Plaintiff suffered a cervical and thoracic sprain/strain. In addition to taking medications for his pain, Plaintiff underwent chiropractic care; acupuncture; cervical epidural steroid injections; Botox injections; rhizotomy procedures; and a dorsomedial branch block. Defendant admitted liability but contented that plaintiff’s treatment was excessive. The jury found the amount of damages sustained by Plaintiff to be $6,577.14-past medical expenses; $48,000-present value of future medical; $5,000-past pain and suffering; $10,000-future pain and suffering.
Location: Santa Rosa County, Florida
Case Name and Docket Number: Franklin v. Fiegier, 2006-33-CA

Neck and Back Spasms, Concussion Syndrome

Type of Injury: Head injury-traumatic brain injury and post-traumatic concussion syndrome; others-painful back and neck spasms; migraine headaches; vertigo; and memory loss
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Defendant was in a truck owned when he collided with the rear of Plaintiff’s vehicle. The rear impact forced plaintiff’s vehicle forward and into a boat trailer that was being pulled by a vehicle stopped in front of him. Defendant asserted that the vehicle in front of plaintiff had stopped to turn left into a gas station, resulting in plaintiff stopping suddenly and without warning. Damage to Plaintiff’s vehicle totaled $7,206.10. Plaintiff claimed he suffered traumatic brain injury; post-traumatic concussion syndrome; painful back and neck spasms; migraine headaches; vertigo; and memory loss. Defendant admitted liability, and ultimately settled the claim for $75,000.
Location: Santa Rosa County, Florida
Case Name and Docket Number: Prybylski v. General Parts, Inc., 99-1401

Soft-Tissue Injuries to Neck, Back, Hand and Wrist

Type of Injury: Soft tissue injuries to neck and low back; Others-broken tooth; contusion of fifth metacarpal of left hand; and bilateral carpal tunnel syndrome
Type of Accident: Side-impact
Award/Settlement Amount: $83,414
Case Summary: Defendant driver pulled out from the stop sign and struck Plaintiff’s vehicle on the left front side. Plaintiff’s vehicle was totaled. Plaintiff suffered soft tissue injuries to neck and low back; broken tooth, requiring in a permanent crown; contusion of fifth metacarpal of left hand; and bilateral carpal tunnel syndrome. Plaintiff incurred approximately $12,500 in medical bills because of the accident. Defendant admitted liability, but disputed causation and damages. The jury returned a plaintiff verdict in the amount of $83,414.16 ($13,414.16-past medical expenses; $ 10,000-future medical expenses; $10,000-past pain and suffering; $50,000-future pain and suffering).
Location: Palm Beach County, Florida
Case Name and Docket Number: Coleman v. Stukel, CL 99-11885 AO

Aggravation of Prior Head and Neck Injuries

Type of Injury: Knee injury-to right knee which exacerbated residual problems from prior bilateral knee surgeries; aggravation of a prior shoulder injury, and head and neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $87,518
Case Summary: Defendant claimed that numerous parked vehicles and a UPS truck blocked her view. Defendant then proceeded through the intersection into the path of Plaintiff. Plaintiff was unable to stop and collided with the side of Defendant’s vehicle in a t-bone collision. Plaintiff claimed injuries to right knee and heel which exacerbated residual problems from prior bilateral knee surgeries, a prior shoulder injury, and head and neck injuries. Plaintiff’s medical expenses totaled $42,518. The case went to non-binding arbitration and Plaintiff asked for $315,400 in damages. The non-binding arbitration award was $87,518, which both parties accepted.
Location: Collier County, Florida
Case Name and Docket Number: Daly v. Ziegenhorn, 01-3962-CA

Severe Injury Case Examples

Severe injuries from a car accident can be disabling and may be catastrophic. Severe neck and back injuries often occur along with other serious injuries to the victim’s head and body. These types of injuries can include neck and back fractures, spinal cord injuries, and extensive disc damage.

Cervical Disc Herniations, Radiculopathy, Fractured Clavicle

Type of Injury: Neck injury-disc herniation C4-C5 and C5-C6; Others-radiculopathy; headaches, fractured clavicle; possible closed head injury
Type of Accident: Side-impact
Award/Settlement Amount: $90,000
Case Summary: Defendant failed to stop at an intersection and struck Plaintiff’s vehicle on the driver’s side. Defendants claimed that a heavy storm the previous night caused the intersection lights to malfunction. Plaintiff argued the rules of the road required a malfunctioning intersection light to be treated as a four-way stop, and an eyewitness indicated that Plaintiff entered the intersection before Defendant driver, who was speeding, and violently struck Plaintiffs’ vehicle. Plaintiff claimed disc herniation at C4-C5 and C5-C6 levels; radiculopathy; headaches; fractured clavicle; and a possible closed head injury. Case settled for $90,000 prior to trial. Defendants had policy limits of $100,000.
Location: Broward County, Florida
Case Name and Docket Number: Ferazzi v. Kirby, 00-6941 CACE 18

Brain Trauma Victim Settles for Policy Limits

Type of Injury: Plaintiff driver: Neck injury-a fracture of transverse process of C4; others-loss of consciousness and traumatic brain injury
Type of Accident: Side-impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was traveling with his minor son, who was strapped into an infant seat located in the rear passenger side of the vehicle. The defendant driver was traveling east operating a vehicle owned by her employer. Defendant driver broadsided Plaintiffs’ vehicle causing the minor to be ejected from the infant seat. Plaintiff suffered a fracture of transverse process of C4; loss of consciousness and traumatic brain injury resulting in inability to work. The minor suffered an open skull fracture; right subdural hematoma; and Grade I liver hematoma. Plaintiffs’ negligence claim against defendants settled for defendant’s $100,000 policy limits. Plaintiff had also filed a product liability lawsuit against the manufacturer of the car seat, defendant 3, who did not appear. Court entered Judgment for plaintiff against defendant 3 in the amount of $1,559,227.64.
Location: Charlotte County, Florida
Case Name and Docket Number: Edic v. Manasota Motor Cars, Inc., 99-538-CA

Aggravation of Pre-Existing Syringomyelia, Neurological Deficits

Type of Injury: Back injury-aggravation of preexisting syringomyelia (fluid cavitation in spinal cord) resulting in neurological deficits.
Type of Accident: Rear-end
Award/Settlement Amount: $122,500
Case Summary: Plaintiff was making a left turn at an intersection when Defendant struck the rear of her vehicle. Plaintiff claimed that her preexisting syringomyelia (fluid cavitation in spinal cord) was traumatically induced or aggravated by this accident resulting in various neurological deficits and symptoms including constant back pain; burning, pressure and sharp shooting pain in arms, legs, and feet; tingling sensation in hands and feet; incontinence and imbalance with walking. Defendant admitted liability and settled plaintiff’s claim for $122,500.
Location: Broward County, Florida
Case Name and Docket Number: Higginbotham v. Kennedy, 04-15199 11

Permanent Aggravation of Pre-Existing Cervical Injury

Type of Injury: Neck injury-Permanent aggravation of pre-existing cervical injury
Type of Accident: Rear-end
Award/Settlement Amount: $175,900
Case Summary: Plaintiff was stopped when his vehicle was rear-ended by Defendant’s vehicle. Plaintiff claimed that the force of the impact caused his foot to briefly come off the brake before he was able to return it to the brake and stop his vehicle. Defendant claimed that the collision occurred as he drove up upon Plaintiff’s stopped vehicle, that he stopped three to five feet from Plaintiff’s vehicle, that he took his foot off the brake pedal by mistake, and that his vehicle rolled into Plaintiff’s vehicle because he was at the top of an incline. Defendant further claimed that Plaintiff’s vehicle was not moved from the impact of the collision. Plaintiff claimed permanent aggravation of a pre-existing cervical injury. The jury awarded plaintiff $175,900.
Location: Duval County, Florida
Case Name and Docket Number: Brown v. Knox, 2007-CA-002674

Permanent Impairment from Neck and Back Sprains

Type of Injury: Neck and back injuries-sprains/strains
Type of Accident: Rear-end
Award/Settlement Amount: $203,200
Case Summary: Plaintiff was stopped for a traffic light when his vehicle was rear-ended by Defendant. Defendant admitted liability but disputed causation and permanency of Plaintiff’s injuries. Plaintiff claimed sprains/strains to neck and back for which future surgery was indicated. Defendant alleged some or all of Plaintiff’s complaints were related to a subsequent motor vehicle accident. Plaintiff argued that the subsequent accident caused an aggravation of the injuries he sustained in this accident. The jury found that the plaintiff sustained an injury that consists in whole or in part of a permanent impairment within a reasonable degree of medical probability as a result of this accident. Jury awarded $203,200 to Plaintiff.
Location: Orange County, Florida
Case Name and Docket Number: Borroto v. Rodriguez, 05-CA-8522

Cervical and Lumbar Disc Herniations

Type of Injury: Neck injury-disc protrusion at C6-C7; Back injury-disc herniations at L4-L5 and L5-S1
Type of Accident: Side-impact
Award/Settlement Amount: $211,400
Case Summary: As Plaintiff proceeded through the intersection, a vehicle operated by Defendant pulled out to make a left turn and collided with plaintiff’s vehicle in a T-bone collision. Upon impact, Plaintiff’s vehicle rotated clockwise into the path of an oncoming vehicle. Plaintiff’s vehicle was struck in the right rear by a third vehicle. Plaintiff suffered disc protrusion at C6-C7; and disc herniations at L4-L5 and L5-S1. At the pre-trial conference, the court ruled in favor of Plaintiff as to liability and causation. The jury awarded $211,399.81 to Plaintiff.
Location: Pasco County, Florida
Case Name and Docket Number: Wesler v. Strom, 51-2007 CA 003991ES

Pre-Existing Herniated Cervical Discs, Hypermobility

Type of Injury: Neck injury-herniated disc at C5-C6; and hypermobility at C4-C5
Type of Accident: Side-impact
Award/Settlement Amount: $325,000
Case Summary: Plaintiff t-boned a vehicle owned by Defendant 1 and operated by Defendant2 because defendant2 made an improper left turn and failed to yield the right-of-way in front of Plaintiff’s vehicle. Even though it was clear from witnesses that defendant2 had violated Plaintiff’s right-of-way, Defendants nevertheless continued to maintain that Plaintiff was comparatively negligent based upon their unfounded allegation of excessive speed on the part of Plaintiff. Plaintiff suffered herniated disc at C5-C6; and hypermobility at C4-C5. Plaintiff underwent two cervical surgeries from two different neurosurgeons. After deposition was taken of the neurosurgeon who performed the first surgery, indicating that that Plaintiff’s problems were pre-existing in nature and that even without this accident, plaintiff needed surgery from a prior accident on Plaintiff’s cervical spine, case settled for $325,000.
Location: Orange County, Florida
Case Name and Docket Number: Schwier v. CSX Transportation, 02-CA-5056

Head Injuries, Ligament Injuries to Low, Mid, and Upper Back

Type of Injury: Back injury-ligamentous injuries to low, mid, and upper back; Head injury-right orbital blowout and nasal bone fractures
Type of Accident: Rear-end
Award/Settlement Amount: $600,000
Case Summary: Plaintiff’s vehicle was stopped behind a vehicle that had yielded to a pedestrian. Plaintiff’s vehicle was rear-ended by a semi-tractor trailer operated by Defendant. The impact caused Plaintiff’s vehicle to be pushed into the vehicle in front of her. Plaintiff suffered ligamentous injuries to low, mid, and upper back, right orbital blowout and nasal bone fractures. He underwent surgery to repair the blowout fracture through the placement of a titanium mesh surgical implant. Defendants alleged that Plaintiff sustained a back injury because of a previous motor vehicle accident. During trial, the court granted Plaintiff’s Motion for Directed Verdict as to negligence and causation. The jury awarded $600,000 to plaintiff.
Location: Hillsborough County, Florida
Case Name and Docket Number: Stealy v. Williams, 05 CA 8365

Concussion, Lumbar Disc Injuries, Torn Breast Implant

Type of Injury: Head injury-concussion, memory loss, and post-traumatic headaches; tear to silicone breast implant; posterior bulging discs at L4-5 and L5-S1
Type of Accident: Side-impact
Award/Settlement Amount: $622,416
Case Summary: A demolition hauling truck operated by a driver of defendant ran the red light at the intersection, causing a broadside collision with plaintiff’s vehicle. The impact caused the driver’s side front wheel assembly of plaintiff’s vehicle to be folded up and defendant’s demolition hauling truck to be overturned in the roadway. Defendant admitted liability but disputed the permanency of plaintiff’s injuries. Plaintiff suffered a head injury with concussion, memory loss, post-traumatic headaches, tear to silicone breast implant, and posterior bulging discs at L4-5 and L5-S1. Plaintiff underwent an anterior fusion from C5 through C7 with the insertion of screws. The jury found that the plaintiff sustained a permanent injury, awarding her $622,416.31.
Location: Orange County, Florida
Case Name and Docket Number: Bassett v. Central Environmental Services , 07-CA-11884

Tractor-Trailer Driver Liable for Lumbar Disc Injuries

Type of Injury: Back injuries-herniated discs in the lower back at L4-L5, L5-S1 and L3-L4
Type of Accident: Side-impact
Award/Settlement Amount: $4,082,461
Case Summary: While Plaintiff was stopped at a red light at an intersection, Defendant’s tractor trailer struck the driver’s side of Plaintiffs’ vehicle. Plaintiff suffered three herniated discs in the lower back. A lumbar spinal fusion was performed, including discectomy at the L4-L5 and L5-S1 level. A second surgery was performed at the L3-L4 level. Plaintiff’s Doctor testified at the trial and rendered an opinion that the injuries plaintiff suffered from were causally related to the accident in question. Defendants retained an Expert Doctor to examine Plaintiff. The Expert testified that plaintiff’s injuries were not causally related to the motor vehicle accident but, rather, were the result of a degenerative disc disease which existed prior to the accident. The jury returned a plaintiff verdict for $4,082,461.10.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Alonso v. WTNS Express, 98-18891 CA 27

Profound Cervical Subluxation with Paraplegia and Qaudriparesis

Type of Injury: Neck injury-a profound subluxation of C6-C7 and fracture of the lamina of C5 with paraplegia and quadriparesis (weakness in all four limbs)
Type of Accident: Rear-end
Award/Settlement Amount: $6,400,000
Case Summary: Defendant had caused an earlier accident and had his vehicle pulled off the road into the median. Plaintiff claimed Defendant either left his vehicle parked in the roadway or pulled back onto the road into the path of Plaintiff’s oncoming vehicle. Plaintiff impacted the right rear quarter panel of Defendant’s vehicle, resulting in Plaintiff’s vehicle rolling three times. Plaintiff sustained a profound subluxation of C6-C7 and fracture of the lamina of C5 with paraplegia and quadriparesis. Defendant did not admit liability but did not vigorously content it. Defendants ultimately offered to settle for $3,000,000 prior to the start of the trial, which was rejected by plaintiff. The case subsequently settled for $6,400,000 after seven hours of jury deliberations.
Location: Brevard County, Florida
Case Name and Docket Number: Jones v. Schwartz, 98-04783-CA-T/C/V

Fractures to the Hip, Pelvis, and Lumbar Vertebrae

Type of Injury: Hip injuries-comminuted fracture of roof and wall of left acetabulum with disruption of left sacroiliac joint and separation of pubic bone; Others- avascular necrosis of left hip; grade III open talar (ankle) fracture/dislocation of right foot which caused post-traumatic subtalar arthritis; fracture/dislocation of toes; fracture of right knee; L5 transverse fracture; multiple bilateral rib fractures; and bilateral pulmonary contusions
Type of Accident: Head-on
Award/Settlement Amount: $6,990,931
Case Summary: Plaintiff was traveling, when Defendant 1, driving while intoxicated in a vehicle owned by her uncle, Defendant 2, crossed the center line and crashed head-on into plaintiff’s vehicle. Emergency crews at the accident scene had to use the jaws of life and a hydraulic ram to extract plaintiff from the wreckage. Plaintiff suffered comminuted fracture of roof and wall of left acetabulum and separation of pubic bone; avascular necrosis of left hip requiring hip reconstruction, replacement and removal of hip joint; grade III open talar (ankle) fracture/dislocation of right foot which caused post-traumatic subtalar arthritis which required foot and ankle reconstruction and ankle fusion; fracture/dislocation of toes; fracture of right knee; L5 transverse fracture; and multiple bilateral rib fractures. Defendants admitted liability and did not vigorously contest causation. The jury awarded $6,990,931 to Plaintiff.
Location: Collier County, Florida
Case Name and Docket Number: Paddock v. Delgado, 04-5474-CA

Traumatic Brain Injury, Blindness, and Vertebrae Fractures

Type of Injury: Head injury-Traumatic brain injury resulting in short-term memory deficit and diminished cognitive abilities, trauma to face resulting in blindness in left eye and dental injuries resulting in eventual loss of fourteen teeth; Others-comminuted fracture of left and right femur; fracture of right kneecap; fracture of nasal bone; compression fractures to cervical and lumbar vertebrae; broken ribs; permanent scarring on body; neck, back, and leg pain; headaches; vertigo; severe depression; post-traumatic stress disorder; and impotence.
Type of Accident: Head-on
Award/Settlement Amount: $36,399,444
Case Summary: Defendant1 was driving when a deer jumped out in front of his vehicle. To avoid hitting the deer, defendant jerked the steering wheel, crossed the center line and collided head-on into Plaintiff ‘s vehicle. The impact left both vehicles inoperable in the middle of the road. At the same time, Defendant2 approached the scene of the accident. He was navigating a sharp curve at the time and was unable to see the wreckage ahead. Defendant2 struck the rear-end of plaintiff’s vehicle. Plaintiff suffered severe injuries including a traumatic brain injury. He underwent multiple surgeries and became wheelchair bound. Defendant Daniel was under the influence of opiates, amphetamines, and benzodiazepines at the time of the accident. Jury returned a $36,399,444 verdict for Plaintiff ($5,699,722 against Defendant2; and $30,699,722 against Defendant1, which included $25,000,000- punitive damages.
Location: Escambia County, Florida
Case Name and Docket Number: Cenkner v. Daniel, 98-0047-CA-01

Methodology

We analyzed payouts made to plaintiffs in Florida car accident lawsuits who sustained neck and back injuries. Many victims also sustained other types of injuries in the collision.

Averages were calculated by adding the settlements and jury awards for the group, then dividing by the number of cases in the group. Because an exceptionally large payout will inflate the average for a group, we did not include a payout that exceeded $36 million in the average calculations.

Final Award/Settlement Amounts reflect the final payout to the claimant after any reductions for comparative negligence.