Utah Neck and Back Injury Settlement Amounts and Case Examples

Utah 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 Utah 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 Utah for a moderate car accident neck or back injury is $29,521 Payouts range from $1,852 for minor soft-tissue injuries, to $325,000 for a significant neck injury.

The Utah cases in our sample group range from minor sprains to disabling neck and back injuries. The cases arise from a variety of accident types, from parking lot fender benders to head-on collisions.

Average Utah Neck and Back Injury Settlements

To get the average settlement amounts listed below, we analyzed a group of real Utah 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 $6,772
Moderate Neck-Back Injury $29,521
Severe Neck-Back Injury $180,209

Payout Range by Severity of Injury

Minor Neck-Back Injury $1,852 - $10,361
Moderate Neck-Back Injury $12,260 - $70,386
Severe Neck-Back Injury $100,000 - $325,000


Victims of serious auto accidents often sustain several injuries to different body parts. These cases represent victims who suffered back or neck injuries, as well as other injuries. Injury payouts are intended to compensate the victim for all their damages, not just one particular injury.

How Neck and Back Injury Settlements are Calculated

The compensation value of an injury claim largely depends on the severity of injuries, particularly the medical costs, related lost wages, and pain and suffering.

Treatment Costs for Neck and Back Injuries

Insurance companies are only required to pay reasonable costs for diagnosis, treatment, and rehabilitation for neck and back injuries. Reasonable costs are medically necessary based on current standards for medical care.

  • Sprains and Strains – Mild sprains and strains in any region of the neck and back can be caused by the impact of a collision. An emergency room visit in Utah typically costs $1,464. Add the costs of X-rays, and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling less than $2,000.
  • Broken Back or Neck – Uncomplicated fractures of the vertebrae in your neck or back can often be treated by stabilizing the area with a brace and limiting physical activities. Conservative treatment of a broken neck or back without surgery will cost $5,000 to $15,000 or more. If surgical fusion is necessary to stabilize the vertebra, treatment expenses can range from $50,000 to more than $150,000.
  • Disc Herniation – Treatment of a herniated disc without surgery can run from $5,000 to $10,000. Fusion surgery for herniated discs can range from $20,000 to $50,000.
  • Spinal Cord Injuries – The level of paralysis and the age of the victim will impact the projected care and treatment costs for the injury. Costs will rise according to the number of years the victim is expected to live with a permanently disabling injury. Lifetime treatment costs for a person paralyzed from the waist down can range from $1,656,000 for a 50-year-old, to more than $2,500,000 for a 25-year-old victim.

Factors Affecting Payout Amounts

Other factors that impact injury payouts in Utah include:

  • Injury Severity – Serious and permanent neck, back, or spinal cord injuries settle for much higher amounts than soft-tissue sprains that will eventually heal.
  • Shared Fault – Utah is a modified comparative fault state. You can file an injury claim against the other party so long as you are less to blame for the crash than the other party. Your compensation amount will be reduced by the percentage of your fault. If you are 50 percent or more at fault, you get nothing.
  • Auto Policy Limits – Utah mandates all drivers to carry insurance no less than $25,000 per person and $65,000 per accident bodily injury liability, and $15,000 property damage liability, or the driver may carry a single-limit policy for $80,000. The $25,000 minimum limit may not be enough to cover severe neck or back injury claims.
  • Uninsured Motorist Coverage – Utah requires insurance carriers to offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) equal to the policy’s liability limits. The policyholder can reject UI and UIM coverage. Drivers who purchase UM and UIM insurance will have a source of compensation for injuries caused by a driver with no insurance or not enough liability insurance.
  • Multiple Claimants – The per-accident liability coverage carried by the at-fault driver may not be enough to go around when multiple victims are seriously injured.
  • Venue and Jurisdiction – Some court venues in Utah have a history of large jury awards issued to car accident victims. In these areas, the adjuster may offer more to settle your claim to keep it out of court.
  • Punitive Damages: Punitive damages can only be awarded by a judge or jury in a court trial. Utah’s punitive damage law allows the first $50,000 to go to the plaintiff, any amount over that must be shared equally with the state. The limits do not apply when the at-fault party was driving under the influence of drugs or alcohol.

Frequently Asked Questions

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

The average settlement in Utah for a moderate car accident neck or back injury is $29,521. A good insurance settlement will cover your medical expenses, lost income, reasonable out-of-pocket expenses for hired services, like snow shoveling, and an added amount for your pain and inconvenience.

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

You should expect a settlement after you or your attorney have provided medical bills and other proof of your damages, assuming the insurance company has accepted liability on behalf of their insured. Utah has Unfair Claims Practices laws that prohibit insurance companies from failing to investigate and pay claims when liability is reasonably clear.

How much do Utah attorneys charge?

Most Utah injury attorneys offer a free consultation and case evaluation to car accident victims. Utah rules allow the attorney and client to decide the compensation for the attorney. Personal injury attorneys customarily charge a contingency fee, meaning they are paid out of the compensation they recover on your behalf.

Minor Neck and Back Injury Case Examples

Minor neck and back injuries include soft-tissue bruises and sprains with a few days to a week of soreness, stiffness, and tenderness. Not much medical treatment will be needed after the initial medical evaluation after the crash, and possibly one follow-up with your regular doctor. Most minor injury victims only miss a few days from work.

Chiropractic Treatment Challenged in Arbitration

Type of Injury: Neck and back injuries; headaches
Type of Accident: Rear-End
Award/Settlement Amount: $10,361
Case Summary: Plaintiff was rear-ended by the Defendant. Plaintiff suffered neck and back injuries with headaches. She was treated with chiropractic manipulations and physical therapy. Defendant claimed the impact was minor with only minor property damage to the vehicles. Defendant argued Plaintiff had pre-existing problems of a similar nature with chiropractic treatments. She was also involved in a second motor vehicle accident which temporarily aggravated her condition. Defendant further argued Plaintiff received excessive manipulations and its expert claimed Plaintiff should have received 2-4 weeks of physical therapy, followed by a home exercise program. This case was arbitrated. Arbitrator awarded Plaintiff $6,361 in medical bills and $4,000 in general damages.
Location: Salt Lake, Utah
Case Name and Docket Number: Burdett v. Mancilla, 70909147

Victim Wins Award After Extent of Injuries Disputed

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $9,397
Case Summary: The intersection accident occurred when defendant attempted a left turn in front of plaintiff’s oncoming vehicle. Plaintiff suffered soft tissue injuries to his neck and back. Plaintiff contended that he had the right of way and that defendant failed to yield. Defendant admitted liability but disputed the nature and extent of plaintiff’s alleged injuries and damages. This case was resolved in arbitration. Plaintiff was awarded $9,396.81.
Location: Utah County, Utah
Case Name and Docket Number: Henry v. Simmons, 50403032

Case Settles After Dispute Over Cause Of Neck Pain and Headaches

Type of Injury: Neck pain and headaches
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was rear-ended by defendant, when he stopped during a sudden slowdown of freeway traffic. Plaintiff’s car sustained $1,300 in property damage. Plaintiff suffered neck pain and headaches. Plaintiff had a prior history of headaches. Defendant’s expert opined that Plaintiff’s injuries and medical care were not related to the motor vehicle accident. This case settled for $10,000.
Location: Davis County, Utah
Case Name and Docket Number: Ruiter v. Roberts, 990700445

Victim with Prior Whiplash Injuries Wins Award

Type of Injury: Neck and back strains; thoracic pain
Type of Accident: Rear-End
Award/Settlement Amount: $5,517
Case Summary: Plaintiff had stopped at a traffic light and was rear-ended by the Defendant. Plaintiff suffered neck and back injuries, with ongoing thoracic pain. Plaintiff had been involved in two prior motor vehicle accidents and had suffered whiplash injuries in both. Defendant simply denied all allegations. This case was presented to an Arbitrator who awarded the Plaintiff $5,000, plus costs of $517.
Location: Salt Lake, Utah
Case Name and Docket Number: Foote v. Swank, 100920833

Jury Award for Fender-Bender Neck Injury

Type of Injury: Neck injury-herniated cervical disc
Type of Accident: Rear-End
Award/Settlement Amount: $1,852
Case Summary: Plaintiff and defendant were traveling towards the same direction in stop and go traffic when defendant rear-ended plaintiff. Plaintiff claimed she suffered herniated cervical disc as a result of the accident. Defendant admitted liability but contented that this low-speed rear-end collision could not have caused any injuries to plaintiff. Jury found for plaintiff in the amount of $1,852.
Location: Utah County, Utah
Case Name and Docket Number: Cheryl v. Barry, 400097

Aggressive Driver Denies Fault, Jury Finds for Victim

Type of Injury: Back & neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $8,500
Case Summary: Defendant driver ran Plaintiff’s driver off the road leaving the scene. Plaintiff followed to get license number and was rear-ended by the Defendant’s vehicle at an intersection. Plaintiff claimed he suffered back & neck injuries. Defendant denied all allegations. Jury found for plaintiff in the amount of $8,500.
Location: Utah County, Utah
Case Name and Docket Number: Green v. Chojnacki, 60910364

Passenger Shares Fault for Neck Injury

Type of Injury: Disc fragment in neck
Type of Accident: Debris
Award/Settlement Amount: $8,388
Case Summary: Plaintiff claimed that defendant over corrected to the left lane after veering off the road causing an oncoming vehicle, in which plaintiff rode as a passenger to be struck by flying debris and concussion of wind. Plaintiff claimed she suffered disc fragment in neck. Jury found that defendant was 90% at fault for the accident and plaintiff 10% at fault, for riding with her window rolled down and sticking her head out of the window. Jury awarded plaintiff $8,388 following fault apportionment.
Location: Salt Lake, Utah
Case Name and Docket Number: Hawthorne v. Escamilla, 40919151

Small Jury Award After Victim Injuries Challenged

Type of Injury: Neck injury- disc herniation
Type of Accident: Rear-End
Award/Settlement Amount: $3,000
Case Summary: Plaintiff was slowing to make a right turn into a private driveway when defendant rear-ended her vehicle. Plaintiff claimed she suffered herniated disc requiring cervical fusion surgery. Defendant admitted liability for the accident but contended that plaintiff was exaggerating the extent of her injuries. Defendant further noted that there were gaps in plaintiff’s treatment and argued that the need for fusion surgery was not proximately related to this motor vehicle accident. Jury found for plaintiff in the amount of $3,000.
Location: Weber County, Utah
Case Name and Docket Number: Finley v. Stuart, 30902503

Victim Accused of Exaggeration Gets Modest Jury Award

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $4,500
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her vehicle. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issues of proximate cause and/or damages. Plaintiff claimed that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant contended that he was traveling less than 5 m.p.h. at the time of impact; the property damage to both vehicles was limited to a few small scratches; that plaintiff’s injuries were not proximately related to the collision; that any pain or disability was related to prior and/or subsequent motor vehicle accidents; and that plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $4,500.
Location: Salt Lake, Utah
Case Name and Docket Number: Quigley v. Morris, 980904842

Jury Finds for Victim After Hit-And-Run

Type of Injury: Neck and Back injuries-Soft tissue injuries to cervical and lumbar spine
Type of Accident: Rear-End
Award/Settlement Amount: $6,202
Case Summary: Plaintiff was traveling when defendant driver rear-ended her vehicle, forcing it into a third party’s vehicle. Defendant driver subsequently left the scene without stopping. Plaintiff alleged that defendant was negligent in rear-ending her vehicle, in failing to maintain an assured clear distance ahead and in fleeing the scene of the accident. Plaintiff further alleged that she suffered soft tissue injuries to cervical and lumbar spine as a direct result of the accident. Defendants contended that: plaintiff rear-ended the vehicle in front of her; that defendant driver brought the vehicle to a stop without striking plaintiff’s vehicle; and that plaintiff did not appear to be injured at the scene and, therefore, defendant driver had no reason to remain on the scene. Jury awarded plaintiff $6,202.
Location: Salt Lake, Utah
Case Name and Docket Number: Hodges v. Innovative Doors Systems LC., 970901197

Moderate Neck and Back Injury Case Examples

Moderate car accident injuries are more painful and may take weeks or months to heal. Moderate injuries may include simple fractures, bulging or herniated discs, brain concussions, and extensive soft-tissue injuries.

Some types of moderate injuries may have partial permanent effects. Victims may be out of work for a few months, depending on the physical requirements of their employment.

Jury Award to Victim After Some Injuries Challenged

Type of Injury: Head injury-laceration near the temple resulting in cognitive and motor deficits; Others-neck pain, back pain, and headaches
Type of Accident: Side-Impact
Award/Settlement Amount: $16,302
Case Summary: Defendant ran a red light and broadsided Plaintiff’s vehicle, pushing it into a third vehicle. Plaintiff suffered a 4 cm laceration near his temple, and alleged cognitive and motor deficits following the accident. He also suffered neck pain, back pain, and headaches. Defendant admitted liability. The defense however, claimed that Plaintiff’s cognitive/motor deficits were anxiety-related, not due to the motor vehicle accident. The jury returned with its verdict in which Defendant was found at fault. The jury awarded plaintiff $16,302 in damages.
Location: Salt Lake, Utah
Case Name and Docket Number: Laguna v. Stevens, 980907685

Limited Award for Crash Injuries Aggravated by Slip and Fall

Type of Injury: Headaches, neck and back pain, and shoulder injury
Type of Accident: Rear-End
Award/Settlement Amount: $22,566
Case Summary: Plaintiff’s vehicle was rear-ended by Defendant. Plaintiff suffered headaches, neck and back pain, and shoulder symptoms leading to shoulder surgery. Defendant claimed the impact was at a speed of 5 mph or less and caused minimal damage to the two vehicles. Plaintiff’s symptoms were aggravated when she fell down four stairs sometime after the motor vehicle accident. Jury ruled that Defendant’s admitted negligence was a proximate cause of Plaintiff’s injuries. The jury found that Plaintiff had suffered no permanent impairment or disability as a result of the accident. The jury awarded Plaintiff $22,566.48 for past medical expenses. They awarded nothing for future medical bills and nothing for general damages.
Location: Utah County, Utah
Case Name and Docket Number: D’Agostini v. Parmley, 403092

Jury Award for Victim with Prior Accident History

Type of Injury: Neck, shoulder, arm injuries
Type of Accident: Rear-End
Award/Settlement Amount: $12,260
Case Summary: Plaintiff was traveling southbound. He stopped behind traffic and was rear-ended by defendant, who was then rear-ended by co-defendant. This was the second motor vehicle accident that Plaintiff was involved in over a period of only a few months. Plaintiff claimed he suffered neck, shoulder and arm injuries. Co-defendant denied that defendant was pushed into Plaintiff a second time. He filed a motion for summary judgment which the Plaintiff did not oppose. Defendant admitted liability, and a trial on damages only took place. The jury awarded Plaintiff $2,260 in medical bills, and $10,000 in general damages, for a total verdict of $12,260.
Location: Salt Lake, Utah
Case Name and Docket Number: Mendel v. Corbett, 20900488

Binding Arbitration Award to Injured Crash Victim

Type of Injury: Neck and back pain, headaches, and numbness and tingling in his left arm and left leg/foot.
Type of Accident: Side-Impact
Award/Settlement Amount: $17,633
Case Summary: Plaintiff was involved in a motor vehicle accident with Defendant. The accident occurred at an intersection when defendant failed to obey a red light traffic signal and struck plaintiff’s vehicle on the passenger’s side. Plaintiff said he suffered neck and back pain, headaches, and numbness and tingling in his left arm and left leg/foot. Defendant admitted liability but disputed plaintiff’s claimed injuries and damages. This case was resolved through binding arbitration. Arbitrator awarded Plaintiff medical bills of $7,633, and general damages of $10,000.
Location: Utah County, Utah
Case Name and Docket Number: Andersen v. Kerr, 30400271

Disputed Lumbar Injury Case Settles Before Trial

Type of Injury: Back injury-L4 and L5 nerve root impingement with Vertebra Injury
Severity Rating: Moderate
Type of Accident: Side-Impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was a passenger in a southbound minivan. As the minivan proceeded through a green light, it collided with a northbound vehicle turning left at an intersection, driven by defendant. Plaintiff claimed she suffered permanent injury to her lumbar spine including grade 3 spondylolisthesis and L4 and L5 nerve root impingement, requiring future L5-S1 interbody fusion. Plaintiff contended that the defendant’s negligence resulted in her personal injuries, physical pain, future medical expenses and non-economic damages. Defendant denied liability and disputed that the plaintiff suffered an acute injury to her lumbar spine in this accident, noting that the impact was minor and she was involved in a prior motor vehicle accident that resulted in low back pain. Parties settled the case for $50,000 prior to trial.
Location: Davis County, Utah
Case Name and Docket Number: Earl v. Miller, 80700665

Jury Reduces Victim Award for Shared Fault

Type of Injury: Soft tissue neck & back injuries with closed head injury
Type of Accident: Rear-End
Award/Settlement Amount: $17,500
Case Summary: While making a lane change, Plaintiff was rear-ended by Defendant’s vehicle. Plaintiff claimed soft tissue neck and back injuries with closed head injury. Defendant vigorously contested liability claiming that plaintiff was negligent hence responsible for the accident and any injuries or damages he might have suffered. Jury determined that plaintiff was 20% at fault for the collision and defendant 80% at fault. Jury awarded plaintiff $17,500 following fault apportionment.
Location: Utah County, Utah
Case Name and Docket Number: Guzman v. Boyer, 50100177

Jury Award for Disputed Cervical Disc Injuries

Type of Injury: Neck injury-C5-C6 disc extrusion
Type of Accident: Side-Impact
Award/Settlement Amount: $70,386
Case Summary: Plaintiff’s car was struck on the passenger’s side by a vehicle owned by defendant and operated by co-defendant, a police officer. As a result of the motor vehicle accident, plaintiff sustained a disc extrusion at C5-C6 that required treatment with cervical fusion surgery. The defendants denied liability and disputed the nature and extent of the plaintiff’s claimed injuries and damages. The case proceeded to a jury trial. The jury found that the plaintiff was not at fault for the accident. Jurors set the plaintiff’s damages at $48,886 for past medical expenses, $20,000 for noneconomic damages, and $1,500 for property damage.
Location: Washington County, Utah
Case Name and Docket Number: Vacher-Topper v. St. George City, 2009-05-00631

Severe Neck and Back Injury Case Examples

Severe car accidents often result in multiple injuries resulting in residual impairment. Some severe injury victims are totally and permanently disabled. These injury victims may be out of work for months, and some are never able to return to regular employment.

Jury Award to Victim with Disputed Disc Injuries

Type of Injury: Back injury-3 herniated discs in cervical spine; closed head injury
Type of Accident: Rear-End
Award/Settlement Amount: $132,000
Case Summary: Plaintiff’s vehicle was rear-ended by Defendant on a snow-slickened road at 10 mph. Plaintiff’s head impacted the rear window of the pickup he was driving. He was also diagnosed with three herniated discs in his cervical spine. His doctor gave Plaintiff a 25% impairment rating and recommended a two-level discectomy and fusion. Defendant’s expert concluded that the disc injuries were not related to the motor vehicle accident and diagnosed Plaintiff with a severe sprain/strain of the cervical spine. This case was tried by a jury which returned a verdict in Plaintiff’s favor in the amounts totaling $132,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Beffort vs. Damjanovich, 13700260

Jury Reduces Victim Award Based on Shared Fault for Injuries

Type of Injury: Nine herniated discs in the neck, mid-back and low back
Type of Accident: Head-On
Award/Settlement Amount: $115,000
Case Summary: Plaintiff was stopped in rush hour traffic waiting to turn left in a two-way turning lane. Defendant, who was traveling in the opposite direction, attempted to use the turning lane to pass other traffic and collided head-on into Plaintiff at high speed. Plaintiff suffered nine herniated discs in the neck, mid-back and low back. Plaintiff had been involved in three prior motor vehicle accidents, but alleged that she had been free of any symptoms for eight years prior to this accident. The jury found Defendant 80% at fault, Plaintiff 20% at fault, and awarded plaintiff $115,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Hodge v. Heisey, 990902114

Multiple Injury Case Settles Out Of Court

Type of Injury: Head injury-traumatic brain injury with post traumatic concussion syndrome; a fractured knee with lacerations, and cervical and lumbar spine disc herniations
Type of Accident: Side-Impact
Award/Settlement Amount: $300,000
Case Summary: Plaintiff, traveling southbound, entered a controlled intersection on a green light and was struck by a vehicle driven by defendant. Defendant was operating a truck as an agent of co-defendant, had made a left hand turn directly in front of plaintiff. Plaintiff suffered a traumatic brain injury with post traumatic concussion syndrome, a fractured knee with lacerations, and cervical and lumbar spine disc herniations. The plaintiff contended defendant made an improper turn, failed to yield the right of way, failed to keep a proper lookout, and failed to obey traffic rules. The defendants admitted liability for the accident. Plaintiff agreed to $300,000 settlement.
Location: Utah County, Utah
Case Name and Docket Number: Dawson v. National Wood Products, 70901549

Severe Injury Case Settles, Defendant Alleged Shared Fault

Type of Injury: Neck injury; hand/arm injuries-multiple finger fractures, right radius and ulna fractures, a pulmonary embolism, and multiple lacerations on her fingers and knee
Type of Accident: Side-Impact
Award/Settlement Amount: $189,464
Case Summary: Plaintiff said that defendant’s vehicle swerved out of lane around a curve & sideswiped her vehicle on the driver’s side. Plaintiff suffered neck injury requiring cervical fusion surgery, multiple finger fractures, right radius and ulna fractures, a pulmonary embolism, and multiple lacerations on her fingers, hand, arm and knee. The defendant denied liability and contended that the plaintiff was comparatively negligent, but the parties entered into a settlement agreement for $189,464.
Location: Salt Lake, Utah
Case Name and Docket Number: Krystal v. Edward, 40900514

Pedestrian Injury Case Settled Despite Defendant’s Excuses

Type of Injury: Neck Injury-cervical disc injuries
Type of Accident: Pedestrian
Award/Settlement Amount: $100,000
Case Summary: Plaintiff, a 43-year-old male who was mentally disabled was hit in a parking lot by vehicle being operated by defendant. The parking lot was poorly lit and defendant argued that he did not see plaintiff before the accident. Plaintiff suffered cervical disc injuries necessitating surgery. The case settled for $100,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Lucero v. Cannon, 903392

Jury Finds in Favor of Victim with Prior Accident History

Type of Injury: Head injury-brain injury, tinnitus, hearing loss & vertigo; soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $100,000
Case Summary: Defendant pulled away from a stop sign and made a left turn in front of plaintiff, who had the right-of-way, causing a collision between the two vehicles. Co-defendant owned the vehicle operated by defendant. Plaintiff claimed she suffered brain injury, tinnitus, hearing loss, vertigo and soft tissue neck and back injuries as a direct result of the accident. Defendants admitted liability but contended that plaintiff’s injuries were proximately related to a prior motor vehicle accident. Jury returned a plaintiff verdict in the amount of $100,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Wallace v. Roth Landscaping , 970905766

Jury Finds in Favor of Victim Accused of Exaggerating Injuries

Type of Injury: Neck pain, tremor or shaking in hands and head
Type of Accident: Rear-End
Award/Settlement Amount: $325,000
Case Summary: Plaintiff was stopped waiting to make a left turn. Defendant was momentarily distracted and rear-ended plaintiff’s vehicle at a speed of 45 m.p.h. Plaintiff claimed neck pain, tremor or shaking in hands and head as a direct result of the accident. Plaintiff further contended that defendant driver was negligent in failing to keep a proper lookout, in failing to pay full time attention to the operation of his vehicle and in failing to stop within an assured clear distance ahead. Defendants admitted liability, but argued that plaintiff was exaggerating the extent of his injury and damages. Jury awarded plaintiff $325,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Ashley v. Parish, 960700063

Methodology

Payout averages and ranges are drawn from actual car accident lawsuits filed in Utah courts. Here we analyzed cases involving neck and back injuries.

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.

All cases in our group received a payout, either an insurance settlement, arbitration award, or court award. We did not consider wrongful death cases, or cases that were denied by the insurance company or lost at trial.

In cases with more than one injured party, we used the highest settlement or award issued to one victim, so as not to overstate what an individual might get for compensation in similar circumstances.