Louisiana Neck and Back Injury Settlement Amounts and Case Examples

Take a look at actual Louisiana car accident payouts for neck and back injuries. Find injury cases similar to yours.

The dollar amounts presented here are derived from real Louisiana car accident lawsuits with a focus on neck and back injuries. The payout information provided can help you arrive at a reasonable estimate of your own potential claim value.

The average payout in Louisiana for a moderate car accident neck or back injury is $21,924. Payouts range from $4,000 for minor soft-tissue injuries, to $649,780 for more serious injuries.

The Louisiana cases in our group include injuries ranging from mild neck sprains to disabling disc herniations. Neck and back injuries arise from a variety of accident types, from parking lot accidents to head-on collisions.

Average Louisiana Neck and Back Injury Settlements

Averages and ranges are drawn from Louisiana car accident lawsuits involving a range of neck and back injuries. Our group only included cases that resulted in a settlement or court award to the injury victim.

Average Payout by Severity of Injury

Minor Neck-Back Injury $6,961
Moderate Neck-Back Injury $21,924
Severe Neck-Back Injury $131,292

Payout Range by Severity of Injury

Minor Neck-Back Injury $4,000 - $9,533
Moderate Neck-Back Injury $9,873 - $36,225
Severe Neck-Back Injury $46,664 - $649,780

All the accident victims in our case group sustained some type of neck or back injury. However, car accident victims often have more than one type of injury. Payouts from insurance settlements and court awards are meant to cover all the victim’s compensatory damages, not just a specific injury.

How Neck and Back Injury Settlements are Calculated

Personal injury claims arising from car accidents are based on the economic damages incurred by the victim, such as medical expenses and lost wages, with an additional amount added to pay for the victim’s non-economic damages, like pain, inconvenience, and emotional distress.

Compensation for severe injury claims must also account for future medical care, loss of earning capacity, loss of consortium, and more.

Treatment Costs for Neck and Back Injuries

The insurance adjuster won’t accept every medical bill that comes across their desk. Insurance companies are only required to pay reasonable costs for medically necessary tests, treatment, and rehabilitation. Medical necessity is based on current best practices in the medical community.

  • 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 Louisiana costs nearly $1,200. Add the costs of X-rays and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling approximately $2,000.
  • Broken Back or Neck – Uncomplicated fractures of the vertebrae in your neck or back may be treated by stabilizing the area with a brace and limiting physical activities. Conservative treatment of a broken neck or back without surgery will cost $5,000 to $15,000 or more. If surgery is needed, treatment costs can range from $50,000 to more than $150,000.
  • Disc Herniation – Treatment of a herniated disc without surgery can run from $5,000 to $10,000. Fusion surgery for herniated discs can range from $20,000 to $50,000.
  • Spinal Cord Injuries – The level of paralysis and the age of the victim will influence the projected care and treatment costs for the injury. Costs rise according to the number of years the victim is expected to live with a permanently disabling injury. Lifetime treatment costs for a person paralyzed from the waist down can range from $1,656,000 for a 50-year-old, to more than $2,500,000 for a 25-year-old victim.

Other factors that influence injury payouts in Louisiana include:

  • Injury Severity – Adjusters won’t pay as much for a mild whiplash claim as for a medically verified neck fracture or ruptured disc.
  • Shared Fault – Louisiana is a pure comparative fault state. If you share any blame for your injuries, your compensation will be reduced according to your share of fault.
  • Auto Policy LimitsLouisiana requires drivers to carry car insurance of at least $15,000 per person and $30,000 per accident bodily injury liability, and $25,000 property damage liability. The minimum mandatory limits may not be enough to cover serious injury claims.
  • Uninsured Motorist Coverage – Louisiana requires insurers to offer uninsured motorist coverage (UM) equal to the policy’s liability limits. The policyholder can elect to reduce the amount of UM coverage but can’t entirely reject the coverage. UM coverage comes into play if you’re injured by a driver with no insurance or not enough insurance.
  • Multiple Claimants – Even higher liability limits carried by an at-fault driver may not be enough when two or more people are seriously injured in the same accident.
  • Venue and Jurisdiction – You can get a better settlement offer from the at-fault driver’s insurance company when your lawsuit will be filed in a jurisdiction known for large personal injury awards.
  • Punitive Damages: Punitive damages are rarely awarded in Louisiana car accident cases, unless a person was killed or seriously injured by a drunk or drug-impaired driver.

Frequently Asked Questions

How much should I settle for a neck and back injury?

The average settlement in Louisiana for a moderate car accident neck or back injury is $21,924. Your settlement should be enough to pay for your medical bills, related out-of-pocket costs, and lost wages, with an added amount for your pain and suffering.

How long can it take to settle an injury claim in Louisiana?

Louisiana has a one-year statute of limitations, so your injury claim must be settled or a lawsuit filed within one year of the accident date, or you lose your right to compensation.

How much do Louisiana attorneys charge?

Louisiana Rules of Professional Conduct require attorneys to charge reasonable fees for their services. Car accident injury attorneys typically charge a contingency fee between 33 and 40 percent of the compensation they recover on your behalf.

Minor Neck and Back Injury Case Examples

Most car accident victims with minor neck or back injuries are stiff and sore for a few days, and completely recover within a few weeks. After the first medical evaluation following the accident, little or no medical follow-up is needed. Minor injury victims will only miss a few days to a week of work.

Driver and Passenger with General Neck and Back Injuries

Type of Injury: General Back and Neck Injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $4,000
Case Summary: Plaintiff and his passenger were involved in an accident when a vehicle driven by the defendant run a red light and struck their vehicle. Plaintiffs sustained neck and back injuries. Plaintiffs sued defendant and his insurer, claiming that Defendant drove in a reckless manner, failed to yield the right of way, ran a red light, and made an unprotected and unsafe left turn. Plaintiff sought compensation for pain and suffering, disability, medical expenses, and loss of consortium. Defendants admitted the accident occurred but denied other allegations. They asserted that plaintiff was reckless in driving. After a bench trial, each Plaintiff was awarded $4,000 in damages.
Location: Parish of East Baton Rouge, Louisiana
Case Name and Docket Number: Johnson v. Brown, 498288

Victims with Bilateral Cervical, Thoracic and Lumbar Strain

Type of Injury: Back Injury- Bilateral lumbar strain, bilateral cervical strain, bilateral thoracic strain; Head Injury- Headaches
Type of Accident: Side-Impact
Award/Settlement Amount: $4,417
Case Summary: Plaintiffs, a driver and his passenger were involved in a motor vehicle accident when defendant attempted to pass their vehicle on the left side and struck the driver’s side of Plaintiff’s truck. Plaintiffs sustained bilateral lumbar sprain, headache, and thoracic sprains. Plaintiff sued defendant contending that defendant was negligent by driving at an excessive rate of speed, driving without a license, and attempting to pass in a no-passing zone. Plaintiff sought damages for medical expenses, lost income and disability. Defendants denied liability and contended that the accident was caused by negligence of plaintiffs. The judge ruled in favor of plaintiffs for $17,666.52.
Location: Parish of Tangipahoa, Louisiana
Case Name and Docket Number: Ourso v. Smith Jr., 2004-000172

Motorcyclist with General Injuries to Head and Neck

Type of Injury: General; General Injuries to Head and Neck
Type of Accident: Side-Impact
Award/Settlement Amount: $4,708
Case Summary: Plaintiff was driving his motorcycle when defendant backed up into it with his pickup truck. Plaintiff sustained general injuries to his head and neck. Plaintiff filed suit against defendant, claiming that defendant’s negligence caused him serious injuries. Defendant denied liability, arguing that little contact occurred between the two vehicles and that plaintiff claimed no injuries at the scene. The court found in favor of Plaintiff following a bench trial and awarded $4,000 for general damages and $708 for past medical expenses.
Location: Lafayette, Louisiana
Case Name and Docket Number: Broussard v. Menard, 20030974-K

Rear-End Accident with Lumbar Sprain and Neck Pain

Type of Injury: Back Injury- Lumbar sprain; Other- headaches and neck pain
Type of Accident: Rear-End
Award/Settlement Amount: $6,152
Case Summary: Plaintiff stopped to make a left turn into a business parking lot when Defendant rear-ended his motor vehicle and backed up into another third-party vehicle. Plaintiff sustained a lumbar strain/sprain, neck pain and headaches. Plaintiff sued defendant for negligence, seeking damages for pain and suffering, medical expenses, and lost wages. Defendant admitted that an accident occurred but denied that Plaintiff sustained any injuries, claiming that the only physical damages sustained in the accident were between his and third party’s vehicles. The judge ruled in favor of Plaintiff.
Location: Baton Rouge, Louisiana
Case Name and Docket Number: Craig v. Corban, 512080

Crash Victim Award for Neck and Back Pain

Type of Injury: Back Injury- Neck and Back pain
Type of Accident: Rear-End
Award/Settlement Amount: $6,211
Case Summary: Defendant lost control of his vehicle and crashed into the rear end of plaintiff’s vehicle. Plaintiff suffered neck and back pain at the T-12 through L1 region of his spine. Plaintiff sued defendant for failure to maintain control of his vehicle and observe traffic conditions. Plaintiff sought damages for medical expenses, pain and suffering, lost wages and disability. Defendants denied liability and asserted that plaintiff was comparatively negligent and that he failed to mitigate his damages. The judge ruled in favor of Plaintiff, awarding $5,000 in general damages and $1,211 in past medical expenses.
Location: Baton Rouge, Louisiana
Case Name and Docket Number: R.D. v. Johnson, 517365

Court Award for Acute Cervical Strain, Head Injury

Type of Injury: Back Injury- Acute cervical strain; Head Injury- non-concussive head injury
Type of Accident: Side-Impact
Award/Settlement Amount: $7,314
Case Summary: Defendant made a left turn, crossed into the path of, and collided with Plaintiff who was driving her car northbound. Plaintiff sustained acute cervical strain and a non-concussive head injury. Plaintiff sued defendant and his insurer for negligence, seeking compensation for pain and suffering, emotional distress, medical expenses, and other damages. Defendants denied liability and asserted the defenses of comparative fault, third-party negligence and failure to mitigate damages. The court awarded Plaintiff $4,500 in general damages, $77.27 for lost wages and $2,737 for special damages.
Location: Parish of Lafourche, Louisiana
Case Name and Docket Number: O’Donley v. Walker, 95924

Cervical and Lumbar Strain, Herniated Discs, Nerve Impingement

Type of Injury: Back Injury- Cervical and Lumbar strain and sprain, Herniated cervical and lumbar discs, Nerve root impingement.
Type of Accident: Rear-End
Award/Settlement Amount: $7,678
Case Summary: Plaintiff’s vehicle was rear ended by a vehicle driven by the defendant when plaintiff stopped to make a right turn into the parking lot. Plaintiff sustained cervical and lumbar sprain, herniated disk and nervous system injuries. Plaintiff sued defendant and his insurer alleging defendant drove negligently. Plaintiff sought damages for injuries, pain and suffering, lost wages, diminishing earning capacity and medical expenses. Defendants denied liability and asserted plaintiff injuries resulted from a prior accident. The jury returned a plaintiff verdict.
Location: Folsom, Louisiana
Case Name and Docket Number: Huffman v. Junker, 2004-15295

General Soft-Tissue Injuries to Neck, Shoulder, Knees

Type of Injury: Knee Injury- Bilateral patellar contusions; General Injuries to shoulder, neck and headaches
Type of Accident: Side-Impact
Award/Settlement Amount: $8,232
Case Summary: Plaintiff was preparing to turn left when a vehicle operated by the defendant pulled out of a driveway into her path, causing a collision. Plaintiff sustained back and neck injuries, bilateral patellar contusion, headaches, and nausea. Plaintiff sued defendant and her insurer contending defendant drove out of a private drive into roadway without discerning whether it was safe. Plaintiff sought damages for medical expenses and lost wages. Defendant denied liability, and asserted the alternative defense that Plaintiff was negligent by improperly using the center turn lane for a travel lane. The judge ruled in favor of Plaintiff.
Location: East Baton Rouge, Louisiana
Case Name and Docket Number: Norris v. Young, 516255

Thoracic and Cervical Spine Injuries

Type of Injury: Back injury- Thoracic and Cervical Spine Injury
Type of Accident: Side-Impact
Award/Settlement Amount: $8,262
Case Summary: Defendant’s vehicle pulled out of a private lot and struck the driver’s side of the vehicle in which plaintiff was a passenger. Plaintiff sustained cervical and thoracic spine injuries. Plaintiff sued defendant and his liability carrier for violating standard traffic laws by failing to observe traffic conditions prior to entering the roadway. Plaintiff sought compensation for disability, lost wages and medical expenses. Insurance carrier denied liability and claimed that plaintiff did not seek medical attention and only presented to the doctor two months after the accident. The parties stipulated that Defendant was the sole cause of the accident and the judge assessed damages through a bench trial.
Location: Scott, Louisiana
Case Name and Docket Number: Babineaux v. Segura, 2004-1530 G

Cervical, Thoracic, and Lumbar Strain

Type of Injury: Back Injury- Cervical thoracic lumbar strain
Type of Accident: Side-Impact
Award/Settlement Amount: $8,475
Case Summary: Defendant’s vehicle backed out of a parking space and collided with plaintiff’s vehicle injuring a driver and his passenger. Plaintiffs sustained cervical thoracic and lumbar strain. Plaintiff sued defendant seeking damages for medical expenses and physical pain and suffering. Plaintiffs contended defendant failed to maintain proper lookout, backed up improperly and failed to exercise due care. Defendants denied liability, averring the accident was caused in whole or in part by the negligence of plaintiffs. The court ruled in favor of plaintiffs, awarding $4,180 to the driver and $8,475.19 to the passenger.
Location: Parish of Livingston, Louisiana
Case Name and Docket Number: Roshto v. Fletcher, 99365

Cervical Sprain and Lumbar Pain, Headaches

Type of Injury: Back Injury- lower lumbar pain, cervical strain/sprain
Type of Accident: Side-Impact
Award/Settlement Amount: $8,545
Case Summary: Defendant made an abrupt left turn in front of plaintiff’s vehicle causing a collision. Plaintiff sustained headaches, lower lumbar pain and cervical strain. The physician who treated him prescribed chiropractic adjustments for his back injuries. Plaintiff sued defendant and his insurer contending defendant made an illegal turn, failed to drive at a reasonable speed and failed to yield the right way. Plaintiff sought damages for medical expenses, lost earnings and property damage. Defendants denied liability. The judge entered judgment in favor of the plaintiff.
Location: Parish of Calcasieu, Louisiana
Case Name and Docket Number: Scott v. Avery, 2004-001177

Victim Award for General Soft-Tissue Injuries

Type of Injury: Unspecified Soft tissue injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $9,533
Case Summary: Plaintiff was driving through an intersection when a vehicle driven by the defendant made a turn in front of her vehicle causing a collision. Plaintiff sustained soft tissue injuries. Plaintiff sued defendant for failing to yield, failing to maintain proper lookout and failing to drive prudently. Plaintiff sought damages for medical expenses, pain and suffering while Plaintiff’s spouse sought award for loss of consortium. Defendants denied liability asserting that plaintiff failed to mitigate her damages. After a bench trial, the court awarded Plaintiff $4,000 in general damages and $4,532.50 in medical specials.
Location: Lafayette, Louisiana
Case Name and Docket Number: Girard v. Baudoin, 2004-1467

Moderate Injury Case Examples

Moderate neck and back injuries take longer to heal, and may include extensive soft-tissue injuries, strains and sprains to muscles, tendons, or ligaments, and pinched or herniated discs. Car accident victims with moderate neck and back injuries could be out of work for several weeks or months.

Back Muscles Strains and Sprains, Other Tendon, Ligament Damage

Type of Injury: Back Injury- Muscle strains and sprains, Others- bruises, contusions, lacerations of muscles, tendons, ligaments
Type of Accident: Rear-End
Award/Settlement Amount: $9,873
Case Summary: Plaintiff was stopped at a traffic light when she was rear-ended by a vehicle driven by the defendant. Plaintiff sustained bruises, contusions, laceration of muscles, tendons ligaments and other tissues. Plaintiff sued defendant and her insurer contending defendant failed to obey a red light. Plaintiff sought damages for mental anguish and distress, physical disability, damage to her vehicle and wage loss. Defendants denied liability asserting insufficient evidence. The judge found in favor of plaintiff, awarding $6,000 for pain and suffering and $3,872.53 for medical expenses.
Location: East Baton Rouge, Louisiana
Case Name and Docket Number: Colbert v. Burkett, 521189

Shared Fault for General Injuries to Neck, Shoulder, Back

Type of Injury: General Injuries to neck, shoulders and back.
Type of Accident: Side-Impact
Award/Settlement Amount: $10,445
Case Summary: Defendant, who was driving a truck, attempted to pass the plaintiff who was driving ahead of him, causing a collision. Plaintiff sustained neck, shoulder, and back injuries. Plaintiff contended that defendant failed to exercise care in passing his vehicle and failed to maintain proper lookout. Defendant denied liability asserting that plaintiff caused the accident by making a left turn without signaling. Judge found defendant 70% at fault and plaintiff 30% at fault. The judge awarded plaintiff $7,500.00 in general damages and $2,945.00 in special damages after fault apportionment.
Location: Baton Rouge, Louisiana
Case Name and Docket Number: Cockerham v. Robinson, 503116

Cervical Strain, Lumber Sprain, Chronic Low Back Pain

Type of Injury: Back Injury- Cervical strain, Lumbar sprain, Chronic low back pain and headaches, soft-tissue injury
Type of Accident: Rear-End
Award/Settlement Amount: $11,600
Case Summary: On two separate occasions, plaintiff was involved in motor vehicle accidents. In the first accident, her vehicle was rear ended while in the second accident defendant’s vehicle brakes failed and he crashed into her vehicle. Plaintiff sustained back pain, headaches, lumbar sprain, cervical strain, and soft tissue injuries. Plaintiff sued defendants separately alleging in-attentive driving, failing to yield and operating vehicles in unsafe manner. The cases were consolidated for trial. Defendants denied all allegations. A bench trial resulted in a judgement in Plaintiffs favor.
Location: Lafayette, Louisiana
Case Name and Docket Number: Malbreaux v. Broussard and Frazier, 2002-3970, 5372

Cervical, Thoracic, and Lumbar Strain, Leg Injuries

Type of Injury: Back Injury- Cervical strain, Lumbar strain; Chest Injury- Thoracic strain; Leg Injury- Left knee strain
Type of Accident: Rear-End
Award/Settlement Amount: $14,460
Case Summary: Plaintiff’s vehicle was rear-ended by the defendant. Plaintiff sustained cervical, thoracic, lumbar, and left knee strain. Plaintiff sued defendant and her insurer alleging defendant’s negligence was the sole cause of the collision. Plaintiff sought damages for pain and suffering, medical expenses, mental anguish, and wage loss. Defendants denied liability, asserted plaintiff or third party caused the accident. The Judge entered judgment in favor of Plaintiff, awarding $10,000 in general damages, $3,658.04 for medical expenses, and $802.44 for lost wages.
Location: Tangipahoa Parish, Louisiana
Case Name and Docket Number: Hayden v. Roy, 2005-0002677

Cervical Sprain with Spasms, Hip, Thigh, and Chest Pain

Type of Injury: Back Injury- Cervical sprain with spasm, lumbar sprain; Other- hip, thigh and chest pain
Type of Accident: Side-Impact
Award/Settlement Amount: $17,399
Case Summary: Plaintiff, a passenger, was involved in a motor vehicle accident when a car driven by the defendant failed to yield for the intersection and plowed into the front passenger side of Plaintiff’s vehicle. Plaintiff sustained neck and back strains, cervical strain with spasm, lumbar sprain, hip, thigh, and chest pain. Plaintiff sued defendant and his insurer contending defendant failed to yield the right way and did not apply his brakes in a timely manner. Plaintiff sought damages for medical expenses, braces and appliances, emotional distress and lost wages. Defendants denied liability. The judge ruled in favor of plaintiff.
Location: Parish of Rapides, Louisiana
Case Name and Docket Number: Sanders v. Lamb, 217407

Low Back Pain, Open Head Injury, Leg Injuries

Type of Injury: Head Injury- Open head Injury; Back Injury- Low back pain; Leg Injury- Left leg bruises, Right leg numbness
Type of Accident: Rear-End
Award/Settlement Amount: $20,000
Case Summary: Plaintiff had stopped due to congested traffic when her vehicle was rear ended by a vehicle driven by the defendant. Plaintiff suffered headaches, left leg bruises, right leg numbness and back pain. Plaintiff received treatment after the accident and underwent a CT scan. Plaintiff sued defendant and his insurer, alleging injuries to her nervous system and mental stability. Plaintiff alleged the defendant failed to keep his vehicle under proper control and sought damages for disability, lost earning, loss of earning capacity and medical expenses. Defendants admitted liability.
Location: Parish of Calcasieu, Louisiana
Case Name and Docket Number: Lester v. Dobbs, 2002-002429

Cervical Strain, Spasms, Radicular Symptoms

Type of Injury: Back Injuries- Cervical strain, muscle spasms, Right upper extremity radicular symptoms
Type of Accident: Rear-End
Award/Settlement Amount: $21,000
Case Summary: Plaintiff was a passenger in defendant’s vehicle when the defendant failed to stop for a vehicle that was slowing for traffic lights and crashed into a car in front of them. Plaintiff sustained a cervical strain, muscle spasms, and neck strain. Plaintiff sued defendant and her insurer claiming defendant failed to stop in a timely manner and failed to properly control his vehicle. Plaintiff sought damages for medical expenses, pain and suffering and lost income. Defendants denied liability asserting the fault rested with a third party (driver of the rear- ended car.) Eventually, the defendants stipulated to liability and the Judge assessed damages.
Location: Parish of Ascension, Louisiana
Case Name and Docket Number: Martinez v. LeBlanc, 75287

Right Shoulder and Neck Injuries

Type of Injury: Right shoulder and Neck Injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $26,129
Case Summary: Defendant was attempting to switch lanes on the highway when he crashed into plaintiff’s vehicle. Plaintiff sustained shoulder and neck injuries. Plaintiff sued defendant, co- defendant (owner of the vehicle) and their insurer. Plaintiff claimed defendant failed to obey traffic signs and drove at unsafe speeds while codefendant failed to keep proper lookout of her vehicle. Plaintiff sought compensation for loss of income, property loss, and medical expenses. Defendants denied liability and claimed that Plaintiff did not seek treatments until two months after the accident and that she was involved in a subsequent accident that caused the injuries. The Judge found in favor of Plaintiff.
Location: Lafayette, Louisiana
Case Name and Docket Number: Roger v. Brooks, 2002-4277-F

Cervical Strain, Disc Bulges, Head, Neck, and Shoulder Pain

Type of Injury: Back Injury; Cervical strain, Muscle spasms, Disc bulges at C5-6, Carpal tunnel syndrome, Other General Injuries; Head, Neck and Shoulder pain
Type of Accident: Rear-End
Award/Settlement Amount: $26,847
Case Summary: Plaintiff had stopped for traffic when her vehicle was rear ended by the defendant. Plaintiff sustained a cervical strain, disk bulges at C5-C6, carpal tunnel syndrome, head, neck and shoulder injuries. Plaintiff sued defendant, his insurer, and her own insurer. Plaintiff alleged defendant operated his vehicle in careless manner, failed to maintain proper control and followed too closely. Plaintiff sought compensation for pain and suffering, lost wages, medical expenses, and property damage. Defendants denied liability asserting plaintiff was solely at fault for the accident. The jury returned a plaintiff verdict, assessing all damages against Defendant and his insurance.
Location: East Baton Rouge, Louisiana
Case Name and Docket Number: Smith v. Roberts, 527941

Soft-Tissue Neck, Back, and Leg Injuries

Type of Injury: General Injuries- Neck, back and leg injuries; Other- Hearing loss
Type of Accident: Side-Impact
Award/Settlement Amount: $34,043
Case Summary: Plaintiff was involved in a motor vehicle accident when defendant, operating a car owned by co defendant changed lanes without a warning causing plaintiff’s vehicle to strike the left side of defendant’s vehicle. Plaintiff sustained neck, back and leg injuries and loss of hearing. Plaintiff sued defendant, co defendant and their insurer seeking damages. Defendants denied liability and asserted the accident resulted from plaintiff’s negligence, in failing to “make his vehicle visible in low light conditions”. The jury returned a plaintiff verdict, but did not award any damages on Plaintiff’s claim of hearing loss.
Location: Parish of Lafayette, Louisiana
Case Name and Docket Number: Bernard v. Guilbeau, 2003-4413-A

Neck and Back Strain, Cervical Subluxation

Type of Injury: Back Injury- Neck and back strain and anterior subluxation of C4 in relation to C5
Type of Accident: Rear-End
Award/Settlement Amount: $35,073
Case Summary: Plaintiff stopped for a line of traffic when a vehicle operated by the defendant rear- ended her vehicle. Plaintiff sustained neck and back strain and anterior subluxation of C4 in relation to C5. Plaintiff sued defendant, contending defendant failed to yield and did not apply her brakes in time. Plaintiff sought damages for medical expenses, mental distress and lost wages. Defendant admitted liability but termed the accident as minor and the parties couldn’t agree on a settlement sum. The court assessed damages, awarding $4,742.00 for past medical expenses, $12,331.00 for future medical expenses and $18,000.00 for general damages.
Location: East Baton Rouge, Louisiana
Case Name and Docket Number: Schilf v. Keller, 512078

Exacerbation of Pre-Existing Injuries to Neck, Back, Ankle and Foot

Type of Injury: General Injuries to back, neck, elbow, ankle and foot.
Type of Accident: Head-On
Award/Settlement Amount: $36,225
Case Summary: Plaintiff was involved in a motor vehicle accident when a car driven by the defendant and owned by the codefendant failed to stop for a red light at an intersection and collided with plaintiff’s vehicle. Plaintiff sustained aggravation to pre-existing back, neck elbow and foot injuries. Plaintiff sued defendant, codefendant and their insurer seeking damages for medical expenses, mental anguish and loss of enjoyment of life. Defendants denied liability and the alleged insurer denied proving any motorist cover to the plaintiff. The court found in favor of the plaintiff, awarding $25,000 in general damages and $11,225 for medical expenses.
Location: Parish of Iberia, Louisiana
Case Name and Docket Number: Gonsulin v. Derouen, 110207

Severe Injury Case Examples

Severe neck and back injuries can include neck and back fractures, spinal cord injuries, disc damage, and permanent nerve damage. Victims may be left with permanent impairments that keep them from returning to the activities they enjoyed before the accident. Some victims lose their income-earning capacity.

General Head, Neck, and Back Injuries from Head-On Crash

Type of Injury: General injuries to head, neck and back
Type of Accident: Head-On
Award/Settlement Amount: $46,664
Case Summary: Plaintiffs, a driver and his passenger were involved in a motor vehicle accident when a tractor-trailer driven by the defendant attempted to turn left and struck the front of their vehicle. Plaintiffs sustained head, neck, and back injuries. Plaintiff sued defendant, contending negligence in making unsafe turn and travelling in an occupied lane. Defendants denied liability and termed the accident as minor, adding that the plaintiff did not have a driving license. The judge awarded $41,724.00 to plaintiff and $46,633.78 to the passenger.
Location: Parish of East Baton Rouge, Louisiana
Case Name and Docket Number: Brumfield v. Smith, 514371

Cervical, Lumbar Strain, Disc Protrusion, Disc Bulge, Foot Fracture

Type of Injury: Back Injury- Cervical and Lumbar Strain, Disc protrusion, disc bulge; Other; Leg injury-assomoid fracture of right foot
Type of Accident: Rear-End
Award/Settlement Amount: $50,000
Case Summary: Defendant pulled out of a parking lot in front of Plaintiff, causing Plaintiff to crash into the rear-end of his vehicle. Plaintiff sustained cervical and lumbar sprain, disk protrusion, disk bulge at C-5-6 and C6-7 and facet joint arthropathy at L4-5. Plaintiff sued defendant and his insurer. Plaintiff claimed defendant failed to maintain proper vehicle control and sought damages for medical expenses, lost earnings, property damage and loss of use of her vehicle. Defendants denied liability asserting plaintiff was the sole cause of the accident as they failed to take evasive action to avoid hitting defendant’s vehicle. The court passed judgement in favor of plaintiff after a bench trial.
Location: Baton Rouge, Louisiana
Case Name and Docket Number: White v. Ables, 97940

Cervical and Lumbar Strain, Lower Back Pain

Type of Injury: Back Injury- Lumbar strain, Cervical strain, Lower back pain and bruising
Type of Accident: Head-On
Award/Settlement Amount: $50,000
Case Summary: Defendant was parked on the shoulder of a street when he made a sudden left turn, causing a head-on collision with the Plaintiff’s vehicle. Plaintiff sustained neck and back strains, as well as back pain and bruising because of the collision. Plaintiff sued Defendant and his employer, claiming that the defendant failed to maintain control of his vehicle, drove in a careless manner, and failed to keep a safe lookout. Plaintiff imputed defendant’s negligence on his employer as he was driving a work vehicle at the time of the accident. Defendants alleged comparative fault and failure to mitigate damages. Jury returned a Plaintiff verdict.
Location: Parish of Concordia, Louisiana
Case Name and Docket Number: Anderson v. Ferriday Farm & Equip. Co., 39329

Lumbar Spine Injury, Back Sprain, Extensive Leg Injuries

Type of Injury: Back Injury- Lumbar spine Injury, Back Sprain; Leg Injury- Injuries to knees, legs and calves
Type of Accident: Side-Impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was driving Southbound when the defendant’s vehicle which was Northbound on the same road swerved, struck the guardrail causing a chain reaction collision. Plaintiff sustained injuries to his knees, lumbar spine, legs, calves, and toes. Plaintiff sued defendant and her insurer claiming defendant failed to keep a proper look out, failed to drive at a safe speed and failed to avoid the accident. Defendants denied liability, asserted the plaintiff was negligent and had been involved in a prior accident. The judge ruled in favor of plaintiff.
Location: Parish of St. Tammany, Louisiana
Case Name and Docket Number: Reich v. Ramirez, 2006-13590

Lumbar Spine Injury with Numbness in Legs

Type of Injury: Back Injury- Injury to lower back at L4-5 and numbness in legs
Type of Accident: Rear-End
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was involved in a motor vehicle accident when a car driven by defendant struck her vehicle from behind. Plaintiff sustained lower back injuries at L4-5 and numbness in legs. Plaintiff sued defendant and her insurer contending defendant failed to keep her vehicle under proper control. Plaintiff sought damages for medical expenses, lost wage and loss of earning capacity. Defendant denied liability and claimed plaintiff’s injuries resulted from prior back surgery. The judge ruled in favor of plaintiff.
Location: Parish of Orleans, Louisiana
Case Name and Docket Number: McCarter v. Sanchez, 98-20012

Lumbosacral Strain, Cervical, Thoracic, and Lumbar Sprain

Type of Injury: Back Injury- Lumbosacral strain; sprain and strain of the cervical, thoracic and lumbar spine; thoracic outlet syndrome
Type of Accident: Rear-End
Award/Settlement Amount: $51,500
Case Summary: Plaintiffs, was rear ended by a vehicle operated by the defendant and owned by the co-defendant. Plaintiff sustained lumbar sacral strain, cervical strain, thoracic and lumbar spine strain, and thoracic outlet syndrome. Plaintiff sued defendant and codefendant for negligence. Defendants admitted liability and the case proceeded to trial on damages only. Defendants asserted that plaintiff had been involved in prior accidents and the injuries were pre-existing. The judge found in favor of the plaintiff.
Location: Parish of Natchitoches, Louisiana
Case Name and Docket Number: Bernard v. Dove, 72,987-A

Cervical and Lumbar Strain, Lumbar Facet Joint Sprain

Type of Injury: Back Injury- Injury: Cervical sprain, lumbar strain, facet joint sprain in lumbar spine, Other- carpal tunnel syndrome
Type of Accident: Side-Impact
Award/Settlement Amount: $60,247
Case Summary: Plaintiff attempted to pass defendant’s truck on the left side when defendant placed the truck in reverse, backed down the service road and pinned Plaintiff’s vehicle. Plaintiff sustained cervical sprain, muscle contraction, headaches, lumbar sprain, carpal tunnel syndrome and ligament strain. Plaintiff sued defendant, asserting that he used the travel lanes improperly. Plaintiff sought damages for injuries suffered. Defendant denied all liability, contending that Plaintiff placed her vehicle in his blind spot. The judge found in favor of plaintiff.
Location: Parish of Rapides, Louisiana
Case Name and Docket Number: Adkinson v. Scott, 211930

Lumbar Disc Bulges and Herniation, Neurological Injuries

Type of Injury: Back Injury- disc bulge at L3-4 and disc herniation at L4-5; Other- Headaches, neurological injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $80,000
Case Summary: Defendant was attempting to make a left turn when he struck a vehicle injuring a plaintiff who was a passenger in the subject vehicle. Plaintiff sustained neck and back injuries, internal disk disruption and a disk bulge. Plaintiff sued defendant, his insurer and her own liability carrier. Plaintiff contended defendant drove negligently. All Defendants denied liability. The jury returned a plaintiff verdict, awarding $35,000.00 for pain and suffering $2,000.00 for mental distress and $43,000.00 for past medical expenses.
Location: Parish of East Baton Rouge, Louisiana
Case Name and Docket Number: Schmidt v. Harvey, 504022

Cervical Disc Herniations, General Injuries to the Head and Neck

Type of Injury: Back Injury- Central disc herniations at L4-5 and L5-S1, General Injuries to neck, head and teeth
Type of Accident: Side-Impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was hit while riding his bicycle by a truck driven by the defendant. Plaintiff sustained central disc herniations at L4-5 and L5-S1, head, neck, and teeth injuries. Plaintiff sued defendant for negligence for failing to keep a proper lookout. Plaintiff sought damages for pain and suffering and loss of enjoyment of life. Defendants denied liability, contending that Plaintiff be assigned contributory fault for possession of crack cocaine at the time of the accident. The judge ruled in favor of Plaintiff but reduced plaintiff award from $150,000 to $ 100,000 due to pre- existing injuries.
Location: Parish of Ascension, Louisiana
Case Name and Docket Number: Poirrier v. Stevenson, 78942

Shared Fault for Herniated Disc Back Injury

Type of Injury: Back Injury- Herniated disc
Type of Accident: Side-Impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was involved in a motor vehicle accident when a car driven by defendant ran a red light and struck his vehicle. Plaintiff sustained severe disk herniation. Plaintiff sued defendant for failure to stop for a red light. Plaintiff sought damages for lost wages, pain and suffering and property damage. Defendant denied liability, asserting that Plaintiff drove in a reckless manner. Jury found defendant 60% at fault and plaintiff 40%. The jury returned a plaintiff verdict, awarding $266,037.50, which was reduced to $100,000.00 by court per policy limits.
Location: Parish of Orleans, Louisiana
Case Name and Docket Number: Ghosh v. Johnson, 02-13385

Lumbar Spine and Left Knee Injuries

Type of Injury: Back Injury- Lumbar spine injury; Other- Left knee injury
Type of Accident: Side-Impact
Award/Settlement Amount: $129,422
Case Summary: Defendant failed to yield the right of way and drove into plaintiff’s lane of travel at an intersection, causing a collision. Plaintiff sustained lumbar spine and left knee injury. Plaintiff sued defendant contending that defendant failed to yield and failed to maintain proper control of his vehicle. Plaintiff sought compensation for injuries suffered. Defendants denied liability and asserted 3rd party negligence. The Judge entered judgment in favor of the plaintiff in the amount of $65,000 for general damages, $13,090 for lost wages, $31,332.38 for medical expenses and $20,000 for pain and suffering.
Location: Parish of Orleans, Louisiana
Case Name and Docket Number: Alexander v. Zachery, 04-15642

Abrasions and Burns to Neck, Multiple Arm Fractures

Type of Injury: Arm Injury- Multiple fractures to right forearm; Other- abrasions and burns to abdomen and neck, cut lip
Type of Accident: Head-On
Award/Settlement Amount: $138,548
Case Summary: A vehicle operated by the defendant ran a stop sign and crashed into Plaintiffs’ car. Plaintiffs (a mother and her three children) sustained multiple fractures to right forearm and burns to abdomen and neck. Plaintiff sued defendant for failure to stop for a stop sign. They sought compensation for mental anguish, medical expenses, lost wages and loss of consortium. Parties stipulated to liability and the minor’s claims were settled. The judge awarded the mother $80,000 for pain and suffering $48,547.67 medical expenses and $10,000 for loss of consortium
Location: Parish of Caddo, Louisiana
Case Name and Docket Number: Murray v. Zills, 487112-B

Lumbar Back Injuries Requiring Disc Replacement Surgery

Type of Injury: Back Injury- Injuries to lower back in L5-S1
Type of Accident: Rear-End
Award/Settlement Amount: $281,922
Case Summary: Plaintiff’s vehicle was rear ended by a vehicle driven by the defendant. Plaintiff sustained injuries to lower back in L5-S1, requiring disc replacement surgery. Plaintiff sued defendants, contending defendant failed to keep a proper look out. Plaintiff sought damages for personal injuries, medical expenses, and lost wages. Defendants denied all liability. The judge found in favor of plaintiff, awarding $50,000 for pain and suffering, $147,922.23 for medical expenses, $30,000 for disability, $34,000 for lost wages, and $20,000 for lost enjoyment of life.
Location: Parish of East Baton Rouge, Louisiana
Case Name and Docket Number: Arnold v. Hill, 480840

Multiple Cervical and Lumbar Disc Herniations

Type of Injury: Back & Neck Injuries- Disc herniations at C3-4 and C5-6 levels and at L4-5 and L5-S1
Type of Accident: Side-Impact
Award/Settlement Amount: $649,780
Case Summary: In the course of employment, Defendant lost control of his vehicle on a highway and struck plaintiff’s vehicle. Plaintiff sustained herniated disks in his back and neck. Plaintiff sued defendant, his employer, and their insurance liability carrier. Plaintiff contended defendant was negligent in operating the vehicle. Defendants denied liability and disputed extent of plaintiff’s injuries asserting the injuries were aggravated after plaintiff carried heavy cement while working as a swimming pool contractor. The jury returned plaintiff verdict, awarding $649,779.52 for past and future damages.
Location: Parish of Orleans, Louisiana
Case Name and Docket Number: Collins v. Hebert, 02-1322

Methodology

We used actual Louisiana car accident lawsuits filed by plaintiffs suffering from neck and back injuries. The averages and ranges are drawn from three categories of injury severity. Averages are calculated by adding the settlements and court awards for the category, then dividing by the number of cases in the category.

The group does not include cases that didn’t result in a payout to the injured plaintiff.

Payouts listed are final awards after any reduction for shared fault, if applicable. Payouts reflect a settlement or court award issued to one individual plaintiff. In cases with more than one plaintiff, we used the highest award issued to one of the plaintiffs.