Compensation for neck and back injuries in Kansas can vary widely. Find cases like yours to get an idea of your potential settlement.

We’ve analyzed actual Kansas 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 Kansas for a moderate car accident neck or back injury is $27,569. Payouts range from $1,114 for minor soft-tissue injuries, to $571,919 for more serious injuries.

The Kansas 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 a fender-bender to a pedestrian-vehicle accident.

Average Kansas Neck and Back Injury Settlements

To get the average settlement amounts listed below, we analyzed a group of real Kansas 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	$6,719
Moderate Neck-Back Injury	$27,569
Severe Neck-Back Injury	$343,820
Payout Range by Severity of Injury
Minor Neck-Back Injury	$1,114 - $12,400
Moderate Neck-Back Injury	$15,043 - $60,000
Severe Neck-Back Injury	$134,905 - $571,919

Seriously injured car accident victims often sustain other injuries in addition to back and neck injuries. Injury payouts are intended to compensate for all the claimant’s damages, not a specific injury.

How Neck and Back Injury Settlements are Calculated

The compensation value of a claim depends mainly on the victim’s injuries. Severe injuries have higher medical costs, a longer period of lost wages, and more easily justified compensation for pain and suffering.

Treatment Costs for Neck and Back Injuries

Insurance companies are only required to pay reasonable diagnosis and treatment costs for neck and back injuries. Only tests and treatments that are medically necessary will be approved for payment. Adjusters are well-versed in the current standards of medical care for most back injuries.

• Sprains and Strains – Mild sprains and strains in any region of the neck and back can be caused by a car accident. An emergency room visit in Kansas costs nearly $1,300. Add the costs of X-rays and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling approximately $2,500.
• Broken Back or Neck – Simple 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 influence 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 hemiplegic can range from $1,656,000 for a 50-year-old, to more than $2,500,000 for a 25-year-old.

Factors Affecting Payout Amounts

Other factors that influence injury payouts in Kansas include:

• Injury Severity – Serious and permanent injuries resulting in physical disability, brain damage, or disfigurement settle for much higher amounts than minor soft-tissue injuries that will heal completely.
• Shared Fault – Kansas is a modified comparative negligence state. You can file an injury claim against the other party even if you share some responsibility for your injuries, so long as the other party was more at fault than you. Your final payout will be reduced according to your percentage of fault.
• Auto Policy Limits – Kansas mandates all drivers carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. Severe neck or back injuries may cost more than the other driver’s limit.
• Uninsured Motorist Coverage – Kansas requires auto policies to include uninsured motorist coverage (UM) and underinsured motorist (UIM) coverage equal to the mandatory liability limits. Drivers with UM and UIM coverage can rely on their own insurance 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 people are injured in the same accident.
• Venue and Jurisdiction – Some courts have a history of large jury awards issued to car accident victims. The at-fault driver’s insurance company may be willing to offer a better settlement to keep your case from going to trial.
• Punitive Damages: Punitive damages can only be awarded in court and when death or injury is the result of willful or wanton conduct, fraud, or malice. Kansas’s punitive damage law limits the amount of punitive damages based on the defendant’s income.

Frequently Asked Questions

Minor Neck and Back Injury Case Examples

Minor neck and back injuries typically involve soft-tissue bruises and sprains with short-term discomfort. Aside from the initial medical evaluation after the accident, most minor injuries are treated at home with heat or cold, rest, and over-the-counter pain medication. Most people won’t miss more than a few days from work.

Minor Soft-Tissue Injury Damages

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-End
Award/Settlement Amount: $1,114
Case Summary: Plaintiff’s vehicle was rear-ended by an automobile owned by Defendant at low speed. Plaintiff alleged that defendant’s employee was negligent in failing to maintain a proper lookout ahead, and in failing to stop in time to avoid a collision. Further, plaintiff suffered soft tissue neck injury. He claimed $200 in medical specials and no lost income. Defendant contended that: a pedestrian ran out into the path of its vehicle creating a sudden emergency; the vehicle slid on wet pavement when its operator applied the brakes or, in the alternative, the operator’s foot slipped off the brake onto the accelerator; and the accident was an act of God. Jury awarded plaintiff $1,114.00.
Location: Johnson County, Kansas
Case Name and Docket Number: Fisher v. Craven,03CV04782

Soft-Tissue Neck and Back Injuries from Low-Impact Accident

Type of Injury: Soft tissue injuries to neck, back, head and limbs; aggravation of preexisting temporomandibular joint injuries (TMJ)
Type of Accident: Side-Impact
Award/Settlement Amount: $1,270
Case Summary: Defendant was traveling on a two-lane street with parallel parking spaces on each side of the road. Plaintiff was attempting to pull out from between two parked vehicles when defendant struck her emerging vehicle broadside. Plaintiff suffered soft tissue injuries to her neck, back, head and limbs. Defendant contended that he was traveling 10 to 12 m.p.h. and that he observed plaintiff’s vehicle 100 feet prior to the collision. Defendant further contended that he had the right-of-way, and that plaintiff was contributorily negligent. Jury found for plaintiff, awarding her $1,270.35. Per defendant’s counsel, the panel awarded plaintiff less than half of her medical bills. Plaintiff had been involved in a prior accident, and many of the disabilities plaintiff claimed could have been related to the prior accident.
Location: Johnson County, Kansas
Case Name and Docket Number: Hensley v. Atwell,03CV04469

Rear-End Collision with Soft-Tissue Injuries to Neck, Back, Head

Type of Injury: Injuries to head, neck and back
Type of Accident: Rear-End
Award/Settlement Amount: $3,659
Case Summary: Plaintiff was rear-ended by defendant, at an intersection. Plaintiff claimed he sustained personal injuries to his head, neck and back. Defendant argued plaintiff was contributorily at fault for the collision. He also denied that he was negligent, though by the time the case went to trial he had stipulated to liability. Jury considered only the question of damages, and awarded plaintiff $3,659.46 for medical expenses, economic loss, and loss of use of property.
Location: Johnson County, Kansas
Case Name and Docket Number: McCrary v. Clemens, 01-CV-07732

Soft-Tissue Neck Injury with Partial Disability

Type of Injury: Soft tissue neck injury
Type of Accident: Side-Impact
Award/Settlement Amount: $3,782
Case Summary: Plaintiff stopped at a red light at an intersection. When the traffic light turned green, plaintiff entered the intersection. Defendant subsequently broadsided plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in exceeding the posted speed limit of 25 m.p.h. and in disregarding a red traffic light. Further, plaintiff suffered soft tissue neck injury resulting in 5% permanent partial disability of cervical spine. Plaintiff claimed $2,600 in medical specials and $16,000 in lost income. Defendant denied liability. The jury returned for plaintiff, awarding $3,782 for medical expenses and non-economic losses. Plaintiff moved for new trial, or, in the alternative, additur. District Judge ruled against the motion, finding no valid reason for either.
Location: Shawnee County, Kansas
Case Name and Docket Number: Noland v. Richardson,00-C-1436

Jury Award for Cervical and Thoracic Spine Injuries

Type of Injury: Soft tissue injuries to cervical and thoracic spine
Type of Accident: Side-Impact
Award/Settlement Amount: $7,451
Case Summary: Plaintiff was traveling westbound near an intersection when he was broadsided by a vehicle operated by defendant, who ran a red light. Plaintiff claimed he suffered soft tissue injuries to his cervical and thoracic spine and damages in excess of $75,000. Defendant admitted he ran the red light and was wholly responsible for the accident. Defendant further admitted to driving at a high rate of speed, despite the fact that he was aware the intersection was dangerous and the road was wet. Plaintiff argued defendant’s conduct was wanton, and the issue of punitive damages should be presented to the jury. The jury awarded plaintiff $7,451.00 in monetary damages, including $4,951 for past medical expenses and $2,500 for past non-economic damages.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Dorris v. Shapiro, 02 CV 4972

Soft-Tissue Cervical and Lumbar Back Injuries Case

Type of Injury: Soft tissue cervical and lumbar injuries
Type of Accident: Rear-End
Award/Settlement Amount: $9,000
Case Summary: Plaintiff pulled over to allow a friend to get out of the car. Defendant rear-ended plaintiff’s vehicle at a high rate of speed. Plaintiff’s vehicle was stopped one and one-half to two feet from the curb at the time of impact. Plaintiff alleged that: he was close enough to the curb to allow vehicles to pass safely; defendant was negligent in failing to maintain an assured clear distance ahead; and he suffered soft tissue cervical and lumbar injuries as a direct result of the accident. Defendant contended that plaintiff was contributorily negligent in parking more than 12 inches from the curb and that plaintiff’s injuries had fully resolved. Waiving a jury trial, parties subsequently entered into a settlement agreement.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Horn v. Talbert, 04CV3249

Award for Soft-Tissue Neck Injuries Increased

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $9,507
Case Summary: Defendant rear-ended plaintiff’s vehicle. Plaintiff treated with a chiropractor for six months post-accident for complaints of neck pain. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the case proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he continues to experience pain as a direct result of the collision. Defendant contended that: plaintiff did not seek medical treatment until one-week post-accident; plaintiff socialized with friends at Christmas parties the night of the accident and over the following weekend; plaintiff did not miss any time from work; and plaintiff failed to fully comply with recommended treatment. Jury originally awarded plaintiff $8,256.70 but revised the amount to $9,506.70 after Judge advised that they had neglected to include noneconomic damages in the award.
Location: Johnson County, Kansas
Case Name and Docket Number: Dupy v. Powers, 02CV6680

Plaintiff Settles Back Injury Case Before Trial

Type of Injury: Soft tissue right wrist injury and soft tissue back injury
Type of Accident: Rear-End
Award/Settlement Amount: $10,300
Case Summary: Plaintiff son was operating an automobile owned by plaintiff mother. As plaintiff son attempted to make a left turn, his automobile was rear-ended by a vehicle operated by defendant driver. Defendants admitted liability at trial and the case proceeded on the issue(s) of liability and proximate cause only. Plaintiff claimed he suffered soft tissue right wrist injury and soft tissue back injury requiring chiropractic care. Defendants contended that the brake pedal pad became detached from the pedal when defendant driver attempted to apply the brakes and that plaintiff son’s negligence was the sole proximate cause of the accident. Parties subsequently reached settlement in the amount of $10,300.
Location: Sedgwick County, Kansas
Case Name and Docket Number: C.H. v. Brush, 2015-CV-001100

Back Injury Award Reduced for Comparative Negligence

Type of Injury: Soft tissue back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $8,710
Case Summary: Plaintiff and defendant were traveling in the same direction. Road conditions were icy. As plaintiff attempted to make a wide right turn into the driveway of a bar, defendant’s vehicle slid on ice and struck the right rear quarter panel of plaintiff’s vehicle. Plaintiff suffered soft tissue back injuries in the collision. Two months later, the rotor from a helicopter fell onto plaintiff’s vehicle during an aviation accident. Defendant contended that: plaintiff failed to activate his turn signal; plaintiff’s injuries had fully resolved prior to the aviation accident; and plaintiff’s continuing back problems were not proximately related to the accident. Plaintiff’s award of $ 10,888 less 20% comparative negligence yielded a net verdict of $8,710. Per counsel, the fact that plaintiff had large gaps in treatment significantly impacted the outcome.
Location: Douglas County, Kansas
Case Name and Docket Number: Winter v. Duffield,03C340

Jury Award for Pre-Existing Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $12,400
Case Summary: Plaintiff and defendant were traveling in the same direction in a commercial area. As defendant attempted to make a left turn into a grocery store parking lot, the two vehicles collided. The impact occurred at low speed. Plaintiff alleged that defendant was negligent in pulling into the path of her vehicle and that she suffered soft tissue neck and back injuries as a direct result of the accident, requiring chiropractic treatment. Defendant contended that: plaintiff attempted to pass her vehicle on the left in the oncoming lane of travel; plaintiff had preexisting neck and back pain; and plaintiff’s injuries were not proximately related to the low-speed collision. A jury found in favor of plaintiff, awarding her $12,400 in damages.
Location: Shawnee County, Kansas
Case Name and Docket Number: Kutzke v. Hill, 02C1469

Moderate Injury Case Examples

Moderate neck and back injuries are more painful and may take weeks or months to heal. Moderate injuries may include herniated discs, severe whiplash, and some nerve impingement. Victims may be out of work for a few weeks or months, depending on the physical demands of their employment.

Cervical and Lumbar Injuries Award Reduced for Comparative Negligence

Type of Injury: Cervical (neck) and lumbar (back) injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $15,043
Case Summary: Plaintiff and defendant were traveling in opposite directions. Plaintiff attempted to make a left turn in front of defendant’s oncoming vehicle, resulting in a collision. The accident occurred at an intersection controlled by a traffic light. Plaintiff alleged that defendant was lost and was attempting to find his way back to the roadway and that defendant was negligent in failing to yield the right-of-way to a turning vehicle. Plaintiff suffered cervical and lumbar injuries. Defendant contended that plaintiff made an improper left turn in front of his vehicle as he entered the intersection, and that plaintiff was comparatively negligent in failing to yield the right-of-way to oncoming traffic. Plaintiff’s award of $20,057.54 less 25% comparative negligence yielded a net verdict of $15,043.16.
Location: Shawnee County, Kansas
Case Name and Docket Number: Kennedy v. Cooper,02C1107

Award to Plaintiff with Pre-Existing Chronic Ankylosing Spondylolysis

Type of Injury: Back injury- Exacerbation and acceleration of pre-existing chronic ankylosing spondylolysis
Type of Accident: Side-Impact
Award/Settlement Amount: $15,500
Case Summary: Plaintiff son was a passenger in car driven by defendant 1, his mother. Defendant 2 driver, who was traveling in the opposite direction, turned left into the path of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff suffered from pre-existing chronic ankylosing spondylolysis which was in remission at the time of the accident. Defendant driver contended that: he had determined that he had sufficient time to safely complete his turn; the accident was caused by defendant 1’s negligence in speeding; and plaintiff’s injuries were pre-existing and were not exacerbated or accelerated by the accident. Jury returned a plaintiff verdict.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Nash v. Pankratz,04CV3623

Jury Award to Victim With Lumbar Back Injuries

Type of Injury: Soft tissue lumbar back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $17,222
Case Summary: Plaintiff was stopped, with his left turn signal activated, intending to make a left turn into a private driveway. Defendant 1 was operating a vehicle owned by Defendant 2, traveling in the same direction. He crossed a double yellow line to pass on the left and broadsided plaintiff’s vehicle. Plaintiff alleged that defendant driver was negligent in improperly passing. Further, he suffered soft tissue lumbar back injuries as a direct result of the collision, resulting in 5% permanent partial disability of the lumbar spine. Defendants contended that plaintiff stopped suddenly, creating an emergency situation. Defendant further contended that plaintiff was exaggerating the extent of his injuries and damages. A jury determined plaintiff sustained $17,221.98 worth of damages for medical expenses, economic loss and non-economic loss to date.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Jones v. Reynolds, 04 CV 4534

Lower Back Injury Case Settled With Two At-Fault Parties

Type of Injury: Low back injury
Type of Accident: Rear-End
Award/Settlement Amount: $25,000
Case Summary: Plaintiff and his wife were traveling west when they came upon the scene of a previous accident involving Defendant 1. As plaintiff slowed his vehicle, he was struck from behind by Defendant 2. Plaintiff suffered a low back injury. Defendant1 contended that: plaintiff had passed a prior collision and was accelerating when defendant 2 rear-ended his vehicle; he reacted to the rear-end collision between plaintiff and defendant 2 and subsequently lost control of his vehicle; he (defendant) was not the proximate cause of the subject collision. Defendant2 contended that Defendant 1 Created an unsafe condition and that plaintiff was contributorily negligent. The parties reached settlement prior to trial, in which the defendants agreed to pay $25,000 to settle the plaintiff’s claims.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Silvey v. Turner, 2015-CV-001501

Plaintiff Verdict for Cervical Strain, Soft-Tissue Lower Back Injury

Type of Injury: Soft tissue injury to lower back; Cervical (neck) strain
Type of Accident: Side-Impact
Award/Settlement Amount: $28,500
Case Summary: Plaintiff was driving his vehicle on a street which intersected another street at a T-intersection. He stopped at a stop sign and then made a left turn. Defendant was traveling in the same direction as plaintiff and sideswiped plaintiff’s vehicle just outside of the intersection. Plaintiff suffered soft tissue injury to lower back and cervical (neck) strain. Defendant contended that plaintiff was contributorily negligent in failing to yield the right-of-way and pulling out in front of defendant’s oncoming vehicle. Jury returned a plaintiff verdict, awarding him $28,500.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Williams v. Village Tours, 2018-CV-001017

Award to Victim with Herniated Cervical Discs, Low Back Disc Damage

Type of Injury: Two herniated cervical discs in neck and injury to low back with residual disc damage
Type of Accident: Rear-End
Award/Settlement Amount: $29,506
Case Summary: Plaintiff was operating her auto in a line of vehicles. Defendant was operating the third vehicle behind plaintiff. Defendant rear-ended a truck which struck the vehicle behind plaintiff, forcing it into plaintiff’s car. Plaintiff then struck the vehicle in front of her. Plaintiff claimed that he suffered two herniated cervical discs in neck and injury to low back with residual disc damage as a direct result of the accident. Defendant contended that: the truck that she rear-ended had no brake lights; plaintiff’s vehicle sustained no property damage; and plaintiff was exaggerating the extent of her injuries and damages. Jury awarded plaintiff $29,505.55.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Valdes v. Goforth, 04CV4386

Soft-Tissue Back Injury Award Cut for Comparative Fault

Type of Injury: Soft tissue back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $29,780
Case Summary: Plaintiff was attempting to exit a shopping center parking lot. An unidentified motorist waved to plaintiff to pull out onto the roadway. As plaintiff eased into traffic, defendant passed the unidentified motorist on the right and struck the passenger side of plaintiff’s automobile. Plaintiff suffered soft tissue back injuries. Defendant contended that plaintiff’s negligence in failing to yield the right-of-way was the proximate cause of the accident. Jury found for plaintiff. Plaintiff’s award of $29,780 less 47% comparative negligence yielded a net verdict of $15,783.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Delgado v. Unruh, 14-CV-01262-JAR

Soft-Tissue Neck and Back Injuries from High-Speed Crash

Type of Injury: Soft tissue neck and back injuries; frequent headaches; numbness in right shoulder
Type of Accident: Rear-End
Award/Settlement Amount: $60,000
Case Summary: Plaintiff and defendant were traveling in the same direction approaching an intersection. Plaintiff slowed her vehicle, intending to stop prior to making a left turn when she was rear-ended by defendant’s vehicle at a speed of 40 to 50 m.p.h., pushing it 40 feet. Plaintiff suffered soft tissue neck and back injuries; frequent headaches; and numbness in right shoulder. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff contended that injuries suffered in this collision hindered recovery following her cancer surgery. Defendant contended that the accident did not interfere with plaintiff’s rehabilitation and did not exacerbate plaintiff’s injuries. Jury awarded plaintiff $60,000. Per plaintiff’s counsel, the fact that plaintiff’s vehicle was pushed 40 feet significantly impacted the outcome.
Location: Johnson County, Kansas
Case Name and Docket Number: Beckman v. Western Sprinklers,10 CV 36

Severe Injury Case Examples

Severe car accidents often result in multiple injuries, including serious neck or back injuries. The victim may be partially or totally disabled. These injury victims may be out of work for months, and some lose all future earning capacity.

Head, Neck and Back Injuries from Hit and Run

Case Name and Docket Number: Herdt v. Trompke, 97 C 11677
Type of Injury: Closed head injury; soft tissue neck and back injuries
Type of Accident: Head-On
Award/Settlement Amount: $134,905
Case Summary: Plaintiff was traveling northbound. Defendant was traveling in the opposite direction. Defendant crossed over the center line and struck plaintiff’s vehicle head-on. Plaintiff’s vehicle came to rest on a Jersey barrier where it was subsequently struck by another vehicle. Defendant fled the scene, but later turned himself in to the police. Plaintiff suffered a closed head injury and soft tissue neck and back injuries requiring change of job at post office resulting in lower rate of pay. Jury returned a plaintiff verdict in the amount of $134,905.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Mccollum v. Edwards,6:13-cv-1125

Jury Award for Victim with Herniated Cervical Discs

Type of Injury: Herniated disc at C6/C7
Type of Accident: Rear-End
Award/Settlement Amount: $202,525
Case Summary: Plaintiff was traveling in the westbound lane. While stopped, plaintiff’s car was rear-ended by a car being driven by defendant. Plaintiff claimed he sustained a herniated disc at C6/C7 because of the accident, causing him to incur medical expenses, lost wages and pain and suffering. The complaint also included a count claiming loss of consortium of behalf of plaintiff’s wife. Defendant denied all of plaintiff’s allegations. A jury returned a verdict for the plaintiff, awarding him $202,524.94 in total damages. The award included $79,688.54 for past medical expenses and $75,000 for future non-economic loss.
Location: Johnson County, Kansas
Case Name and Docket Number: Wiebe v. Hicks, 03CV3822

Victim With Myofascial Pain Syndrome in Neck and Back, Other Injuries

Type of Injury: Fractured metacarpal in hand; left ulnar surgery at elbow; leg injury; myofascial pain syndrome in neck and back; temporomandibular joint syndrome (TMJ)
Type of Accident: Side-Impact
Award/Settlement Amount: $318,750
Case Summary: Defendant, a 16-year-old girl, made a left turn onto a Road into the path of plaintiff’s oncoming vehicle, and the two vehicles collided. Plaintiff sustained a fractured metacarpal in hand, left ulnar surgery at elbow, leg injury, myofascial pain syndrome in neck and back, and temporomandibular joint syndrome (TMJ). Defendant contended that: she made a left turn on a green turn arrow; her headlights were on, plaintiff was negligent in entering the intersection at an excessive rate of speed and in failing to observe her vehicle until immediately prior to impact; and not all of plaintiff’s injuries were proximately related to the accident. Jury found for plaintiff. Award of $ 425,000 less 25% comparative negligence yielded a net verdict of $318,750.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Venters v. Sellers, 02C0309

Victim Partially Disabled by Multiple Herniated Cervical Discs

Type of Injury: Neck Injuries-Herniated discs at C4-C5 and C6-C7
Type of Accident: Rear-End
Award/Settlement Amount: $491,000
Case Summary: Defendant 1, an employee of Defendant 2, patronized a topless bar. As Defendant1 was driving home operating a vehicle belonging to his employer he rear-ended plaintiff’s vehicle, which was stopped at a red traffic light. Defendant1 was intoxicated at the time of the accident. Plaintiff suffered herniated discs at C4-C5 and C6-C7 resulting in 10% permanent partial disability of neck with residual paresthesia of arm, limitation in range of motion and chronic pain. Defendants contended that plaintiff was involved in a second rear-end collision ten months after this accident and that plaintiff’s injuries were not proximately related to this accident. Jury ruled in favor of plaintiff in the amount of $491,000 against both defendants. Per plaintiff’s counsel, defendant’s own physician testified on behalf of the plaintiff.
Location: Sedgwick County, Kansas
Case Name and Docket Number: O’Shea v. Welch, 2:01-cv-02336-JWL-JPO

Teen Pedestrian Hit By Car Suffers Concussion, Herniated Lumbar Discs

Type of Injury: Head concussion and herniated lumbar discs in back
Type of Accident: Pedestrian
Award/Settlement Amount: $571,919
Case Summary: Plaintiff, a 13-year-old girl, was running across a street when she was struck by a vehicle owned by Defendant. She was taken to the hospital and treated for a head injury and low back pain. Plaintiff treated for symptoms of a cerebral concussion for one year. Seven months post-accident she consulted an orthopedist for back pain. Plaintiff was ultimately diagnosed with herniated lumbar discs and underwent a laminectomy and disc excision. Defendant contended that plaintiff was chasing a runaway basketball at the time of the accident and that plaintiff was contributorily negligent in darting out into the roadway into the path of its vehicle. Plaintiff $424,912 less 20% comparative negligence plus $238,962 prejudgment interest yielded a total verdict of $571,919.
Location: Johnson County, Kansas
Case Name and Docket Number: Taylor v. Pearson, 17CV870

Methodology

Payout averages are drawn from actual car accident lawsuits filed in Kansas courts by plaintiffs with neck and back injuries. Averages are calculated by adding the injury payouts 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 jury award. Our case samples don’t include cases that were denied by the insurance company or lost at trial.

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