Nevada payouts for neck and back injuries can vary widely. Find cases like yours to get an idea of your potential compensation.
We’ve analyzed actual Nevada 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 Nevada for a moderate car accident neck or back injury is $30,358. Payouts range from $1,784 for minor soft-tissue injuries, to $2,600,342 for more serious injuries.
The Nevada cases in our sample group range from minor sprains to disabling neck and back injuries. The cases arise primarily from rear-end and side-impact collisions.
Average Nevada Neck and Back Injury Settlements
To get the average settlement amounts listed below, we analyzed a group of real Nevada 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 | $7,434 |
| Moderate Neck-Back Injury | $30,358 |
| Severe Neck-Back Injury | $907,202 |
Payout Range by Severity of Injury |
|
| Minor Neck-Back Injury | $1,784 - $11,790 |
| Moderate Neck-Back Injury | $12,121 - $85,000 |
| Severe Neck-Back Injury | $220,000 - $2,600,342 |
Victims of serious auto accidents often sustain multiple types of injuries. These cases represent victims who suffered back or neck injuries, as well as other injuries. Settlements and jury awards are intended to compensate the victim for all their damages, not just one particular injury.
How Neck and Back Injury Settlements are Calculated
The compensation value of an injury claim is primarily based on the scope and severity of injuries, particularly the medical costs, related lost wages, and pain and suffering.
Treatment Costs for Neck and Back Injuries
Insurance companies are only required to pay reasonable costs for the evaluation, treatment, and rehabilitation of neck and back injuries. Reasonable costs are medically necessary based on current standards for medical care.
- Sprains and Strains – Mild sprains and strains in any region of the neck and back can be caused by the impact of a collision. An emergency room visit in Nevada costs nearly $2,600. Add the costs of X-rays and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling approximately $3,000.
- Broken Back or Neck – Uncomplicated fractures of the vertebrae 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 back without surgery will cost $5,000 to $15,000 or more. If surgical fusion is necessary to stabilize the vertebrae, 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 person paralyzed from the waist down can range from $1,656,000 for a 50-year-old, to more than $2,500,000 for a 25-year-old victim.
Other Factors Affecting Payout Amounts in Nevada
- Injury Severity – Neck and back injuries resulting in intractable pain, or some level of disability result in much higher payouts than soft-tissue sprains that will eventually heal.
- Shared Fault – Nevada is a modified comparative negligence state. You can file an injury claim against the other driver even if you are equally at fault for your injuries. Your final payout will be reduced according to your percentage of fault. If you are more at fault, your claim may be barred.
- Auto Policy Limits – Nevada mandates all drivers carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $20,000 property damage liability. The at-fault driver’s liability limits may not be enough to cover severe neck and back claims.
- Uninsured Motorist Coverage – Nevada requires insurance companies to offer policyholders uninsured motorist (UM) and underinsured motorist (UIM) coverage, equal to the policy’s liability limits. The policyholder can reject the optional coverages. Injured victims may need to rely on UM or UIM coverage for injuries caused by a hit-and-run, or an at-fault driver with no insurance or not enough insurance.
- Multiple Claimants – The at-fault driver’s liability coverage may not be enough to go around when two or more victims are seriously injured.
- Venue and Jurisdiction – Some court venues in Nevada may have a history of high jury awards to accident victims. The insurance company might offer a better settlement to keep your case from going to a sympathetic jury.
- Punitive Damages: Nevada limits punitive damage awards to $300,000 if the compensatory award is under $100,000, or three times the amount of compensatory damages that exceed $100,000. There are no restrictions on punitive damages for death or injuries caused by a driver under the influence.
Frequently Asked Questions
Minor Neck and Back Injury Case Examples
Minor neck and back injuries include soft-tissue bruises and sprains with a few days to a week of soreness, stiffness, and tenderness. Little medical treatment will be needed beyond the initial evaluation after the crash, and possibly a follow-up visit with your regular doctor. Most minor injury victims only miss a few days from work.
Award for Disputed Soft-Tissue Neck and Back Injuries
Type of Injury: Head, neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $1,784
Case Summary: Plaintiff and defendant were traveling east near an intersection. Plaintiff claimed defendant was driving in the right lane but changed lanes to make a left-hand turn. Plaintiff claimed defendant caused a collision between the two vehicles by making an unsafe lane change. Plaintiff sought damages for her head, neck, back injuries, medical expenses, and lost wages. Defendant answered the lawsuit and contended the plaintiff was traveling at a much higher speed than the posted speed limit and prevented him from safely changing lanes and making his turn. The parties stipulated to participate in the short trial program and capped fees and costs at $3,000. A jury returned a verdict in favor of the plaintiff for $1,784.00.
Location: Clark County, Nevada
Case Name and Docket Number: Martin v. Fox, A445503
Reduced Injury Award for Soft-Tissue Injuries to Neck, Back, Limbs
Type of Injury: Neck, back, leg and wrist injuries
Type of Accident: Rear-End
Award/Settlement Amount: $2,800
Case Summary: Plaintiff was traveling south, when his vehicle was hit from behind by a vehicle driven by defendant. Plaintiff said he suffered injuries to his neck, mid and lower back, leg, and wrist, among other limbs and organs. Defendant denied the allegations, saying plaintiff’s own negligence caused the accident. An arbitrator found for plaintiff and awarded him $13,679. A jury echoed the arbitrator’s findings and awarded plaintiff $2,800. The jury, however, also concluded plaintiff was 41% liable for incident. Defendant was deemed 59% liable.
Location: Clark County, Nevada
Case Name and Docket Number: Lee v. Britt, A449212
Judge Increases Award for Back, Neck, and Shoulder Pain
Type of Injury: Soft tissue injuries-Low back pain; neck pain; headache; left shoulder pain
Type of Accident: Side-Impact
Award/Settlement Amount: $4,578
Case Summary: Defendant was driving her father’s car when she failed to yield the right of way at an intersection and “T-boned” plaintiff’s vehicle. Plaintiff, 63, complained of low back pain, neck pain, headaches and left shoulder pain following the accident. An independent medical evaluation report stated that an X-ray revealed plaintiff had some mild degenerative changes. Denying the allegations, defendant argued in her answer that plaintiff failed to state a claim and to mitigate her damages. A jury returned a verdict for plaintiff, awarding her $3,177.79. The court later awarded the plaintiff additur of $1,400.
Location: Washoe County, Nevada
Case Name and Docket Number: Martin v. Ceccarelli, CV03-00054
Cervical Spine Injuries After Minor Rear-End Accident
Type of Injury: Neck injuries-cervical spine
Type of Accident: Rear-End
Award/Settlement Amount: $7,428
Case Summary: Plaintiff was traveling north and came to a stop at a traffic light at an intersection. Defendant, who was traveling behind plaintiff, failed to stop her vehicle and rear- ended plaintiff. Plaintiff sustained injuries to her cervical spine. Defendant contended the accident was minor and did not cause the plaintiff’s claimed injuries. According to the defendant, plaintiff was involved in a motor vehicle accident before, in which she struck a tree while operating a bus. Defendant added that plaintiff’s treatment for the prior accident continued through the subject accident, one year later. A jury found in favor of the plaintiff and awarded her $4,927.50 for her past medical expenses and $2,500 for her past pain and suffering.
Location: Clark County, Nevada
Case Name and Docket Number: Eriksen v. Girot, A572862
Shared Fault for Aggravation of Pre-Existing Neck and Back Pain
Type of Injury: Aggravation of his chronic neck and back pain
Type of Accident: Rear-End
Award/Settlement Amount: $8,000
Case Summary: Plaintiff said his vehicle was rear-ended by a vehicle driven by defendant 1. Two weeks later, plaintiff was involved in another motor vehicle accident with defendant2 and claimed he suffered aggravation of his chronic neck and back pain because of the two automobile collisions. The plaintiff contended the defendants negligently caused the accidents. Defendants did not dispute liability. An arbitrator heard the case and determined defendant1 was 75 percent at fault for the plaintiff’s injuries and defendant2 was 25 percent at fault. Plaintiff received a total of $8,000 in damages.
Location: Clark County, Nevada
Case Name and Docket Number: Affleck v. Gaines, 12-A-660580-C
Jury Award for Soft-Tissue Neck and Shoulder Injuries
Type of Injury: Soft tissue shoulder and neck injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $9,100
Case Summary: Plaintiff said that a car driven by defendant was stopped on northbound route at an Interchange Ramp. Defendant entered lane number 3 in the path of plaintiff’s vehicle, striking the right side of the vehicle. Plaintiff claimed he suffered soft tissue shoulder and neck injuries from the accident. Defendant answered and denied liability. A jury in the short-trial program found in favor of plaintiff and awarded her $9,100.
Location: Clark County, Nevada
Case Name and Docket Number: Witham v. Silvernagel, A498825
Arbitrator Finds Victim’s Neck and Back Treatments Excessive
Type of Injury: Neck and back pain; headaches and a sore and swollen left trapezius muscle
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff, who was stopped at a red light on eastbound route at an intersection, was rear-ended by a car driven by defendant after it was hit by another vehicle. Plaintiff claimed she suffered neck and back pain, headaches and a sore and swollen left trapezius muscle after the accident. Defendant denied liability and filed a cross-complaint against the driver who started the chain reaction by striking defendant’s vehicle. Defendant disputed the reasonableness and necessity of the plaintiff’s treatments. An arbitrator found in favor of the plaintiff but found the plaintiff’s treatment was excessive. He awarded plaintiff $10,000. The court entered judgment on the award, adding amounts for interest and costs.
Location: Clark County, Nevada
Case Name and Docket Number: Pacheco v. Williams, 13-A-693515-C
Jury Award to Rear-End Victim for Soft-Tissue Back Injuries
Type of Injury: Soft tissue back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $11,429
Case Summary: Defendant rear ended plaintiff’s vehicle. Plaintiff filed a negligence lawsuit against Defendant because of the accident. The plaintiff claimed soft tissue injuries to her back and sought damages for medical care and treatment, lost earnings, and property damage. Plaintiff further claimed general, compensatory, miscellaneous, and incidental damages in excess of $10,000. Defendant stipulated to liability in the accident but disputed the plaintiff’s alleged damages. Defendant alleged contributory negligence, superseding causes, acts of a third party and failure to mitigate damages as affirmative defenses. Jury decided in favor of the plaintiff and awarded her a total of $11,429.24, including more than $10,500 for past medical expenses, lost wages and pain and suffering; and $884 for future pain and suffering.
Location: Clark County, Nevada
Case Name and Docket Number: Burns v. Wong, A423332
At-Fault Driver Fully Liable for Victim’s Cervical and Lumbar Strains
Type of Injury: Neck and back injuries-cervical and lumbar strains
Type of Accident: Side-Impact
Award/Settlement Amount: $11,790
Case Summary: Defendant was driving an automobile north, in the left-hand turn lane. Defendant said traffic in the number one and number two lanes stopped to allow her to make a left-hand turn. As defendant turned left into a private drive, her vehicle collided with plaintiff’s vehicle in the number three lane. Plaintiff claimed defendants were negligent in their operation and ownership of the vehicle, and that the collision caused him cervical and lumbar strains, pain and suffering, medical expenses, mental anguish, and loss of income. Defendants refuted plaintiff’s allegations and claimed that any injuries he sustained were due to his own negligence. Jury ruled for plaintiff. The panel found defendant driver was negligent and that her negligence was entirely responsible for causing the collision. Plaintiff received $11,790.00.
Location: Clark County, Nevada
Case Name and Docket Number: Rodriguez v. Tang, A463557
Moderate Injury Case Examples
Moderate neck and back injuries are more painful and may take weeks or months to heal. Moderate injuries may include simple fractures, bulging or herniated discs, and some nerve impingement.
Some moderate back injuries may have partial permanent effects. Victims may be out of work for a few months, depending on the physical demands of their employment.
Judge Increases Jury Award to Victim for Neck and Back Injuries
Type of Injury: Back and neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $12,121
Case Summary: According to plaintiff, defendant rear-ended her at an intersection. Plaintiff claimed she suffered back and neck injuries. Defendant answered and said plaintiff failed to mitigate her damages and that her injuries were the result of an unavoidable accident. A jury in the short-trial program found in favor of plaintiff and awarded $1,170 in damages. In an order, the court described misconduct by defendant’s counsel, including counsel’s failure to attend the mandatory pre-trial conference and inappropriate conduct at trial as having “tainted and infected the jurors’ deliberations.” The court entered judgment for plaintiff in the amount of $12,121.25, which included an additional $1,951 for past medical damages, an additur of $6,000 for pain and suffering and $3,000 in attorney fees.
Location: Clark County, Nevada
Case Name and Docket Number: Belanger v. Swinbourne, A509581
Jury Award for Cervical and Thoracic Strain, Compression Fracture
Type of Injury: Back and neck injuries-T6 compression fracture, cervical and lumbar radiculitis with fingertip numbness; headaches; cervical and thoracic strains
Type of Accident: Rear-End
Award/Settlement Amount: $12,597
Case Summary: Plaintiff said the defendant’s vehicle struck the rear of his vehicle as it was stopped at an intersection and fled the scene of the accident. Plaintiff suffered a T6 compression fracture, cervical and lumbar radiculitis with fingertip numbness, headaches and cervical and thoracic strains, as a result of the accident. The defendant denied liability. Before the jury trial, an arbitrator awarded the plaintiff $10,000. Jury found for plaintiff in the amount of $12,597.
Location: Clark County, Nevada
Case Name and Docket Number: Gomez v. Caldejon, 11-A-636869-C
Jury Finds Trucker Liable for Victim’s Soft-Tissue Back Injury
Type of Injury: Back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $15,220
Case Summary: Plaintiff was hauling oversized pipe when his truck was hit from behind by defendant, who was driving a fully loaded double concrete truck. Plaintiff reported back pains after the accident and said he is now forced to stop his truck once an hour to “walk around and relieve the tension in his back.” The defendants denied the plaintiff’s claims, asserting the plaintiff did not “exercise ordinary care, caution or prudence” to avoid the accident and his resulting injuries. A jury found for the plaintiff, awarding him a total of $15,220.00 in damages. The jury concluded defendant was 100 percent at fault for the accident and the plaintiff’s injuries.
Location: Clark County, Nevada
Case Name and Docket Number: Brott v. Cataldo, A427970
Award to Crash Victim for Cervical and Lumbar Strains, Head Injuries
Type of Injury: Head injury-occipital neuralgia, a concussion, post-concussion syndrome, chronic headaches, weakness, dizziness, and nausea; chest wall contusion and cervical and lumbar strains
Type of Accident: Side-Impact
Award/Settlement Amount: $15,594
Case Summary: Defendant, driving north in a vehicle owned by co-defendant, made a left turn in front of the plaintiff’s southbound vehicle, causing her to collide with him. Plaintiff suffered occipital neuralgia, a concussion resulting in post-concussion syndrome with chronic headaches, weakness, dizziness and nausea, a chest wall contusion and cervical and lumbar strains, as a result of the accident. The plaintiff contended the defendant negligently failed to yield the right-of-way and ran a red light. The defendant denied liability. Jury returned a plaintiff verdict for $15,594.
Location: Clark County, Nevada
Case Name and Docket Number: Truman v. Ingram, 09-A-591796-C
Victim with Head, Neck, and Back Injuries Prevails at Trial
Type of Injury: Shoulder, head, neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $26,000
Case Summary: Plaintiff was driving east, when he stopped behind a vehicle that had braked for an ambulance. The emergency vehicle was traveling north with its siren on and its emergency lights flashing. Without warning, defendant, who was driving behind plaintiff, failed to stop and rear-ended plaintiff’s vehicle. Plaintiff claimed defendant’s negligent driving caused the plaintiff shoulder, head, neck and back injuries leaving him “physically and emotionally damaged.” The defendant denied the allegations. A jury found defendant negligent and awarded plaintiff $26,000. Of that amount, $20,000 was for past medical bills.
Location: Clark County, Nevada
Case Name and Docket Number: Anderson v. Headd, A452042
Drowsy Driver Crash Causes Herniated Discs Requiring Surgery
Type of Injury: Back injury-disc herniations
Type of Accident: Side-Impact
Award/Settlement Amount: $36,465
Case Summary: Plaintiff, driving a pickup truck, and defendant, driving his car, were involved in a motor vehicle accident at an intersection. Plaintiff and his wife sued defendant, stating that defendant was negligent and caused the accident. According to the plaintiffs, defendant fell asleep while he was driving and failed to stop at a stop sign. Plaintiff said he suffered disc herniations in his back, requiring surgery. Defendant claimed plaintiff did not seek medical attention at the scene. He added that plaintiff did not exercise ordinary care, caution, or prudence to avoid the accident and his injuries. A jury awarded the plaintiff $36,465 against the defendant for past medical expenses, lost wages and pain and suffering.
Location: Clark County, Nevada
Case Name and Docket Number: Centeno-Alvarez v. Coe, A510230
Jury Award for Rear-End Crash with Neck, Back, and Shoulder Injuries
Type of Injury: Injuries to neck, shoulder and back
Type of Accident: Rear-End
Award/Settlement Amount: $39,866
Case Summary: Plaintiff and defendant were traveling south in separate vehicles near a Road off-ramp. According to defendant, he was traveling behind plaintiff, then switched lanes. When he attempted to move back behind plaintiff, who was braking as she approached traffic, defendant said he was unable to stop in time and “collided with the rear of plaintiff’s vehicle.” Plaintiff suffered injuries to her neck, shoulder and back. In her suit, plaintiff said defendant had driven recklessly and lost control of his vehicle prior to the incident. Defendant denied the allegations, asserting the affirmative defenses of insufficient facts, failure to mitigate damages and contributory negligence. A jury found for plaintiff and awarded her $39,866.
Location: Clark County, Nevada
Case Name and Docket Number: Hidalgo v. Soto, A420169
Award to Victim After Defendant Disputes Neck and Knee Injuries
Type of Injury: Soft tissue injuries to knees and neck
Type of Accident: Side-Impact
Award/Settlement Amount: $85,000
Case Summary: Plaintiff was traveling in the inside lane attempting to turn onto another street when defendant’s vehicle slid laterally from the outside lane into plaintiff’s vehicle, which then ran onto a median. Plaintiff claimed she suffered injuries to her knees and neck in the accident. Plaintiff filed a lawsuit against defendant and his employer. She requested general and special damages, among others. The defendants admitted negligence in the accident but disputed plaintiff’s claimed injuries. They however contended that plaintiff was a state champion in a long jump, these sports are hard on a person’s knees. Judge ruled for the plaintiff, awarding her $85,000 plus more than $10,500 in prejudgment interest.
Location: Clark County, Nevada
Case Name and Docket Number: Smith v. Marcelo, A461231
Severe Injury Case Examples
Severe car accidents often result in multiple injuries resulting in residual impairment, or permanent scarring or disfigurement. Some severe injury victims are totally and permanently disabled. These injury victims may be out of work for months, and some lose all future earning capacity.
Victim with Cervical Disc Injuries Wins Case Against Truck Driver
Type of Injury: Neck injury-disc protrusions at C3-C4 and C4-C5; others-a loose tooth, bleeding from her mouth, and clicking sounds when she turned her head
Type of Accident: Side-Impact
Award/Settlement Amount: $220,000
Case Summary: Plaintiff was involved in a motor vehicle accident when defendant’s truck struck her vehicle while backing up. Plaintiff’s vehicle was parked on the passenger side of defendant’s truck at the time. Defendant was working for his employer, co-defendant, when the accident occurred. Plaintiff said she suffered disc protrusions at C3-C4 and C4-C5, a loose tooth, bleeding from her mouth, and clicking sounds when she turned her head as a result of the accident. The defendants generally denied the plaintiff’s claims. Finding for the plaintiff, a jury awarded plaintiff $200,000 for past damages and $20,000 for future damages.
Location: Clark County, Nevada
Case Name and Docket Number: Hallmark v. Eldridge, A475474
Reckless Driver Liable for Fractured Vertebrae, Ribs, Punctured Lung
Type of Injury: A punctured lung; broken ribs; fractures to four back vertebrae; general injuries to his skull, hip and pelvis.
Type of Accident: Singe-Vehicle
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was a passenger in his brother-in-law’s vehicle when it was in a motor vehicle accident. Defendant’s vehicle rolled over at a Road underpass. Defendant was cited for reckless operation of a motor vehicle and causing the rollover. Plaintiff said he sustained injuries from the accident, including a punctured lung, broken ribs, and fractures to four back vertebrae, in addition to injuries to his skull, hip and pelvis. In his answer, defendant denied all allegations asserted in plaintiff’s complaint. Defendant argued that if plaintiff had used his seat belt, plaintiff’s injuries and damages would have been prevented. A jury returned a verdict in favor of Plaintiff. They awarded total damages of $300,000 for past and future pain and suffering, medical expenses, lost wages and scarring/disfigurement.
Location: Clark County, Nevada
Case Name and Docket Number: Brown v. Carter, A480563
Broadside Crash Victim Suffers Cervical Disc Surgery, Radiculopathy
Type of Injury: Neck injury-cervical disc damage at C5-C7 with radiculopathy to his fingers
Type of Accident: Side-Impact
Award/Settlement Amount: $305,000
Case Summary: Defendant, while operating a tractor trailer, in his scope of employment with co-defendant, executed a right turn into southbound traffic into the far right lane, then maneuvered into the far left lane occupied by plaintiff, striking plaintiff’s vehicle broadside. Plaintiff sustained cervical disc damage at C5-C7 which resulted in radicular symptoms to his fingers and required two fusion surgeries because of the accident. Defendants denied causation, claiming plaintiff’s cervical injuries were pre-existing and degenerative in nature and that plaintiff sustained at most a cervical myofascial strain in the incident. A jury returned a verdict in favor of plaintiff.
Location: Clark County, Nevada
Case Name and Docket Number: Hassanieth v. Jones, A-17-750208-C
Victim in Multiple Accidents Settles Back and Knee Injury Case
Type of Injury: Back and knee injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $445,000
Case Summary: Plaintiff was driving a vehicle into an intersection on a green light. Defendant, who was driving at the same intersection, failed to stop at a red signal and crashed into plaintiff’s vehicle broadside. Defendant was driving a vehicle owned by his employers, co-defendant. Plaintiff claimed defendant was cited for failing to stop for a red light. Plaintiff sustained back and knee injuries in the collision. He said his medical expenses totaled approximately $591,739 while his wage loss totaled $4,200. The defendants’ affirmative defenses included contributory negligence. According to the defendants, the plaintiff was involved in several subsequent motor vehicle accidents, each of which was more severe than the accident with defendant. According to court minutes, parties agreed to settle the case for $445,000.
Location: Clark County, Nevada
Case Name and Docket Number: Erickson v. Ace Painting, A536121
Trucker Liable for Crash Causing Neck Injuries, Fractured Skull
Type of Injury: Soft tissue neck injury; head injury-skull fracture and brain contusion causing bell’s palsy
Type of Accident: Rear-End
Award/Settlement Amount: $750,000
Case Summary: Plaintiff was driving north when a vehicle in front of her stopped abruptly. She applied her brakes and avoided a collision with that vehicle, but a truck following behind her was unable to stop in time and struck her vehicle. Defendant was driving the truck at the time of the accident while working for co-defendant. Due to the collision, plaintiff suffered soft tissue neck injury with skull fracture and brain contusion causing bell’s palsy. Defendants answered the plaintiff’s complaint by generally denying the allegations and asserting multiple affirmative defenses. The Jury found in favor of plaintiff and awarded him $10,000 for past medical expenses; $100,000 for past pain and suffering; $340,000 for future medical expenses; and $300,000 for future pain and suffering.
Location: Clark County, Nevada
Case Name and Docket Number: Cannon v. Larkin, A444900
Victim in Chronic Pain from Cervical and Lumbar Injuries Wins Trial
Type of Injury: Headaches and injuries to cervical and lumbar spine
Type of Accident: Rear-End
Award/Settlement Amount: $1,728,801
Case Summary: Plaintiff said he was stopped for traffic when he was “suddenly and unexpectedly rear ended” by a vehicle driven by defendant. Plaintiff claimed he suffered headaches and injuries to his neck and back because of the accident. These injuries later necessitated surgery and the placement of an occipital stimulator, he added. The defendant admitted liability for the accident. However, he argued the affirmative defenses of contributory negligence, among others. A jury returned a verdict for plaintiff, awarding damages in the amount of $1,728,801 in damages.
Location: Clark County, Nevada
Case Name and Docket Number: Messer v. Escamilla-Estrada, A467965
Jury Award for Victim’s Lumbar Spinal Nerve and Disc Injuries
Type of Injury: Back injury-lumbar spinal nerve and disc damage; Chronic headaches
Type of Accident: Side-Impact
Award/Settlement Amount: $2,600,342
Case Summary: Plaintiff contended defendant negligently ran a red light at an intersection and T-boned plaintiff’s vehicle. Plaintiff claimed she suffered lumbar spinal nerve and disc damage, which required an interbody fusion at L3-L4 and implantation of a morphine pump and resulted in permanent spinal impairment, as well as chronic headaches. Defendant admitted liability but disputed plaintiff’s injuries were related to the accident; the defendant claimed plaintiff was involved in at least three other motor vehicle accidents and fell during a dog attack, all prior to this collision, which caused or contributed to plaintiff’s injuries. Jury ruled in favor of plaintiff and awarded her $2,600,342 in compensatory damages.
Location: Clark County, Nevada
Case Name and Docket Number: Johnson v. Garcia, 08-A-562253-C
Methodology
Payout averages and ranges are drawn from actual car accident lawsuits filed in Nevada courts. Here we focused on cases involving neck and back injuries for analysis.
Averages are calculated by adding the settlements and court awards for each group, then dividing by the number of cases in the group. An unusually high award in a group can skew the average higher for that group.
All cases in our sample received a payout, either an insurance settlement, arbitration award, or a jury award. We did not consider cases that were denied by the insurance company or lost at trial. The “Award/Settlement Amount” reflects the final payout to the claimant after reductions for shared fault.