If they have sustained back injuries in an accident caused by someone else, victims have the right to pursue legal action to recover compensation for their damages.
Those who have been harmed in such incidents have two options to resolve these cases: settlement or litigation.
To avoid going to court, as well as the monetary and time expenses that come with it, the two parties involved in the accident usually negotiate an agreement. Both must agree to the terms and be happy with the outcome. This is what a settlement is about.
In other words, settlements can save people the expenses that come with litigation, offer more certainty and privacy, provide more control over the outcome, and allow them to close their personal injury cases faster.
However, many wonder if it's really worth negotiating a settlement or if they should pursue compensation through a personal injury lawsuit, especially when they think about the amount of money they can recover in both scenarios.
What is the average back injury settlement in Toledo, Ohio? How much can victims recover if they have been hurt in accidents caused by another person and both parties agree to settle the case?
This article explores the answers to these questions to determine whether it's worth accepting money in return for dropping legal action against the responsible individual or entity.
What Is the Average Personal Injury Settlement in Toledo, Ohio?
In Toledo, Ohio, the average personal injury settlement is just above $300,000, with a median amount of $250,000.
When cases involve back injuries, the average settlement amount is around $360,000.
However, some people who have been involved in an Ohio car accident and sustained a serious back injury requiring surgeries and physical therapy have negotiated up to $1.3 million to drop legal action against at-fault parties.
What Is the Average Workers' Compensation Settlement in Ohio?
If a person gets hurt at work, they'll most likely need to file a workers' compensation claim instead of a personal injury lawsuit to recover compensation for the damages they suffered.
Personal injury claims are based on fault, which means victims should prove that the other party caused the accident and was responsible for their damages in order to recover compensation.
However, workers' compensation claims work differently. In these cases, establishing fault isn't required to receive benefits. Even if injured people were negligent, they're still entitled to this type of compensation.
Settlements in a Workers' Compensation Claim
If a person sustains a work-related injury and files a claim to recover compensation, workers' comp insurance can pay for different things, including the following:
Medical expenses related to the injuries
Lost wages or earning capacity caused by accident-related injuries (through temporary or permanent partial or total disability benefits)
Vocational rehabilitation for people who sustain injuries that prevent them from doing their old job and must be trained for a new one
Death benefits for victims' surviving family members if the work injury is fatal
However, filing a workers' compensation claim can be time-consuming and stressful for injured employees. This is where settlements come in.
How Are These Settlements Handled in Toledo, Ohio?
In Ohio, the state must approve workers' compensation settlements. The Ohio Bureau of Workers' Compensation (BWC) administers and approves them, and the Ohio Industrial Commission will review them to ensure they're fair to all parties.
Workers' compensation settlements are handled in two ways in this state. Injured employees can agree to waive their rights to pursue future legal action to recover remuneration for the same case in return for a lump sum settlement.
Although this depends on the facts of the case, some injured workers can also start a Medicare Set-Aside account for future medical treatment expenses.
Under certain circumstances, they might also be able to choose to receive compensation in installments over a specific period.
In some cases, injured workers may agree to an indemnity-only settlement. It's a partial settlement that allows employees to settle the compensation portion of an injury claim, leaving it open for future medical needs.
Average Workers' Comp Settlement in Ohio
Unfortunately, back injuries are common at work. Since they're often debilitating in nature and tend to have long-term effects, workers' compensation settlements can be significant in these cases.
However, it's difficult to calculate an average workers' comp settlement because there's too much variability. Different factors can affect these amounts, including the severity of the injuries. Plus, each case is unique.
If an injured worker wants to know how much they can recover through a workers' compensation claim, the best thing they can do is contact an experienced attorney who can determine how much their case is worth. They can also go over an average settlement for slipped disc Ohio.
The latest statistics suggest that most workers get around $20,000 through a workers' comp settlement.
Typically, the compensation rate is equal to 2/3 (66.67%) of the injured person's weekly wages during the recovery period.
However, Ohio workers' compensation settlements, including those involving back injuries, can range anywhere from a few thousand dollars to millions of dollars, depending on the unique circumstances of each case.
Factors Affecting the Value of a Back Injury Claim
As explained above, several factors can affect the amount people can receive when settling their back injury claims. This may include the following:
The extent and severity of the back injury
The amount of the medical bills
Other medical expenses related to the injuries
The need for ongoing medical treatment for back injuries
The need for rehabilitation, physical therapy, or assistance and the projected costs of those services
Lost wages or the amount of income that people lose during their recovery
Decrease in people's projected future earning capacity due to back injuries
People's age and health condition when the back injury occurred
Disruptions to daily life caused by the injuries
The degree and nature of people's quality of life losses, including pain and suffering
Certainty of liability
Whether the back injury claim is contested
Whether such back injuries cause disability, and if it's temporary or permanent
Other Factors that Affect the Value of Back Injury Claims
The aforementioned factors commonly affect settlement amounts in personal injury cases, including those involving back injuries. However, there are other variables that people should consider. The following are some of them:
Policy Limits Set by the Responsible Party's Insurance Company
In most Ohio personal injury cases, compensation is paid by the at-fault party's insurance company through settlements. However, the insurer isn't responsible for paying amounts above their policy limits.
If the costs victims incurred are higher, the person or entity that caused the accident or injury is personally liable for the remainder.
This isn't common because it may be impossible to collect compensation from the at-fault party, especially when both parties agree to settle the case, but it's a variable that should always be considered.
The Strength of the Evidence of the Personal Injury Case
The burden of proof is on the injured person, which means they and their legal teams must collect and present sufficient evidence to prove that the other party was at fault for the accident or injuries.
Injured parties must also prove the nature and extent of their damages. Therefore, solid evidence and testimonies from qualified experts can increase a person's chances of winning at trial and being awarded more significant damages.
An insurance company will always consider this possibility when negotiating a settlement for a personal injury case. Therefore, their attorneys often make better offers when claimants have strong evidence.
The County Where the Case is Tried
Juries' trends may be different in each county. Some are plaintiff-friendly, while others tend to be more conservative when it comes to awarding damages to an injured person.
Since insurance company lawyers are aware of this, they'll consider these variables when negotiating a settlement and make better offers when they believe juries can benefit plaintiffs.
The Personal Injury Attorney Who Is Helping Victims
The outcome of a claim depends on the strength of the case that the victims present. Therefore, working with an experienced personal injury attorney who understands how the Ohio legal system works and knows the local courts can affect the chances of success at trial.
Insurance companies also consider this when negotiating settlements and are more willing to make fair offers when claimants have seasoned personal injury lawyers by their side.
Common Back Injuries
As mentioned, the nature and extent of the back injuries can affect the settlement amount.
The more serious it is, the higher the payout may be, as this affects other factors, such as the total medical expenses and the need for rehabilitation or ongoing medical care.
In this regard, these are the back injuries that people commonly sustain in car accidents and other incidents that may lead to these claims:
Herniated disks, which are injuries to the spine's soft, rubber-like cushions or "discs," often caused when these discs are torn, causing their jelly-like center to push through the spine's outer wall
Spinal cord injuries, which can cause total or partial loss of movement by affecting the spinal cord, which is responsible for sending messages from the brain to the rest of the body
Soft tissue injuries, which affect the spine's non-bony and non-disc portions
Lower back injuries, which usually affect the lumbar and sacral bones near the base of the spine
Spinal fractures, which are breaks in the bones of the spinal column and can cause limited mobility
Compression fractures, which cause the spine's vertebrae bones to collapse due to the extreme pressure or force of a blow
Facet joint injuries, which affect the joints located between the bones of the back
Thoracic outlet syndrome (TOS), which occurs when the nerves of the upper back are compressed, specifically those in the area of the spine located between the collarbone and the first rib
Types of Back Injuries That Are Eligible for Workers' Compensation
While there are some exceptions, workers' compensation benefits are available to all Ohio workers who have sustained injuries while on the job, including employees who lift heavy materials, handle bulky items, or frequently move patients.
All types of injuries may be eligible for workers' compensation. However, these are the most common:
Herniated disks
Compression fractures
Strains, sprains, tears, and pulls
Sciatica
Muscle spasms
Spinal stenosis
Lumbar radiculopathy
Is There An Accurate Way to Calculate a Personal Injury Settlement Amount?
Most insurance companies and attorneys will use a common formula to calculate the value of a personal injury claim, which is three times medical bills or actual damages.
While it's true that most insurers use this simple multiplier to determine how much they'll offer to settle a case, it isn't always constant.
A person who suffered spinal injuries could experience disruptions to their daily life, limitations in their activities, and lifelong pain. Therefore, they may be entitled to a higher compensation than someone who didn't suffer the same amount of damages and can fully recover in just months or even weeks.
Considering these variables, it's safe to say that most people won't likely know how much their case is worth until they speak with an experienced personal injury attorney. They can also advise on an average settlement for concussion Ohio.
Can Personal Injury Lawyers Calculate the Value of a Case?
An experienced personal injury attorney can help victims estimate how much their cases are worth, but it's important to know that no lawyer can guarantee a specific settlement or promise a minimum amount.
Ethical attorneys with experience in similar cases can give victims a general idea of what insurance companies could offer them to resolve their claims.
Also, seasoned lawyers will always review injured people's cases, explaining the factors that may affect their value and helping victims understand their rights and what they must do to recover the compensation they deserve.
Contact Schuerger Shunnarah Trial Attorneys Today!
Medical bills can quickly pile up after a serious accident. Sadly, most insurance companies offer lowball settlements that won't help victims cover the costs of treating their injuries or will simply deny their claims to save money.
However, those who have sustained back injuries in an accident caused by someone else are entitled to fair compensation, even if they want to settle the case out of court.
That's why injured people should always have an experienced attorney by their side.
At Schuerger Shunnarah Trial Attorneys, we're willing to help back injury victims estimate the value of their cases and negotiate a fair settlement with the responsible party.
Those looking for a seasoned personal injury lawyer can count on us. Call us today!