Kinematics of human cadaver cervical spine during low speed rear-end impacts. Car accident settlement with cervical soft tissue injury, $23,500 If your medical records show no prior complaints of neck pain prior to the accident, it could increase the value of your injury case. My standards are high and NOT ONCE have they failed me. These risks and consequences have led to the rise of cervical fusion lawsuits, from medical malpractice cases to personal injury attorney cases. When symptoms of a whiplash injury following a car accident persist for two years or more, the symptoms have a strong likelihood of being permanent. Injury Advocates Group Attorneys, L.L.P, all rights reserved. Generally, a personal injury claim settlement is not set in stone. If it is that simple (which, by the way, it is), how come all lawyers do not do this for every case? Our law firm has successfully settled tens of millions of dollars on behalf of clients who have suffered back, neck, and spinal cord injuries. The value of a case is often determined by the severity of the injury and the impact it has on your life and career. It is also important to note that litigating a claim of this nature will not absolve you of other financial responsibilities this means you might need some financial support. Sometimes, that nominal amount is $5,000, and they think they just pulled a fast one on the insurance adjuster but what this does in reality is close the door on any more money when you realize your injury is actually worse. Not to mention, the chance of dying or becoming paralyzed from spinal fusion surgery is not unheard of. Age, education, and occupation play critical roles. If you must get a lawyer involved, youd do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Following the crash, she underwent C7-T1 decompression and total disc replacement and L4-L5 total disc replacement surgery. It is best for an attorney to help you navigate this and help you make a decision versus taking the first offer that you are given. Cervical Spine and Neck Injury Workers Comp Settlement Hyperextension soft tissue injuries of the cervical spinea review. Attorney: Cody C Scharpf. If your neck injury is a damaged spinal disc in your neck, more formally known as a cervical disc injury, then this might only impact you a little, or none at all, depending on the type of cervical disc injury you have. "telephone": "(213) 674-6170", For settlement purposes, the full value for pain and suffering (at a minimum is): 1 level neck fusion: $250,000 to $400,000 2 level neck fusion: $250,000 to $400,000 4 level neck fusion: $300,000 to $500,000 If there are serious complications from the surgery, the pain and suffering value can be higher. To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article. Some of these side effects have a direct impact on the payout amount that is awarded in these cases. However, there is still remarkably little coverage surrounding the lawsuits and the subsequent settlements or court awards. Truck Driving Lawsuits: Interstate vs. Intrastate Trucking Liability. When the case ended eight years later, in 2005, he received a court-awarded settlement verdict of $550,000.00 in an upfront lump-sum payment for his injuries, pain and suffering, and other types of damages caused by the spinal injury. However, 24 months / 2 years, is the conservative standard discussed in reliable literature. However, if I am and if my employer responds as my previous employer did, Ill contact Perkins Studdard Law immediately to handle the case. 5. I understand that the statue of limitations has run out probably on these. I highly recommend him and his associates at Perkins Studdard. Richard Staehler, MD, Cervical Herniated Disc Symptoms and Treatment Options, Spine-Health, July 2019, Sandoz, A review of neck injury and protection in vehicle accidents,Transportation Safety and Environment, Volume 1, Issue 2, 1 November 2019, Pages 89105, National Spinal Cord Injury Statistical Center, Facts & Figures, Updated 2019, Paige Bierma, Whiplash, HealthyDay, December 31, 2019. "bestRating": "5" 1400 Lavaca St, Austin, TX 78701 So, if your authorized treating physician assigns the wrong rating, you will not receive the benefits you should. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Even though people who have a three- or four-level cervical fusion will be able to perform most daily tasks without being hindered by a reduced cervical range of motion, they will still experience an adjustment period and some tasks may require new methods to manage. They will pressure you to accept low settlements because insurance companies are far more likely to offer paltry sums instead of the compensation you deserve. She was injured in an auto crash while on the job sustaining neck and back injuries. As many as 50% of injury victims go on to develop persistent symptoms that can have a detrimental effect upon their mental and physical well being. If after that, you are symptom free, then you know the full picture of your injuries and what you are negotiating for. Average Workers' Comp Settlement For Surgery - Forbes 4600 Alabama St #C, El Paso, TX 79930 He suffered severe injuries that required cervical fusion surgery to treat and became unemployed. Howe well these damages are valued will depend heavily on the creativity of your lawyer, more than based on how much you say it hurts on a scale of 1 through 10. Plus, the good thing is lawsuit funding is risk-free, allowing you not to worry about having to repay us if you lose your case. He underwent a 4-level cervical fusion surgery. On average, the chances of this reduced range of motionare as follows: There are a few additional risks associated with the procedure. Cervical fusion workers comp settlement question? - Avvo You need someone who is on your side helping you navigate the workers' compensation claims process. Everyone at Perkins Studdard was kind and professional. This occurs when there is an impact to the face while the head is in a neutral or bent position, and can produce fractures of the spinal processes, damage to the load bearing surfaces, and spine dislocations. Spinal fusion involves joining certain bones in the spine so that the damage is minimized. Anyone suspected of having such an injury should remain as immobile as possible until medical assistance arrives. Let your body go through the recovery motions and keep an eye on yourself so that your neck injury settlement amount comprehensively covers everything you went through because of the accident. This likely explains why in excess of 80,000 neck injuries resulting from car accidents are recorded in the U.S. making traffic collisions the primary cause of neck injuries. For your own sake, if you decide to wing it without a car accident attorney which is a terrible idea for so many reasons do not settle the case in the first 3-4 months. He specializes in expert content writing for pre-settlement funding and law firm blogs. Rollover vehicle accident verdict with cervical soft tissue injury, $125,000 Best 3-level cervical fusion settlement workers' compensation lawyer. Injury Mechanisms & Criteria, 2001. He needed cervical fusion surgery to repair his spine. Saying that the surgery is needed because of degenerative disc issues that would have happened regardless of the work-related injury. Workers' Compensation or Personal Injury? This occurs when the head receives an impact when bent forwards, and produces vertebrae wedge and burst fractures, along with spine dislocations. Jason and his team were very helpful and had the best communication by far. Cervical Spine Neck Injury Settlement Amounts The bones, muscles, nerves and tendons of the neck may be injured in both whiplash and WADs, according to the American Academy of Orthopedic Surgeons. This is not the time to macho up and play down your symptoms. The study population included patients who underwent cervical fusion for radiculopathy. With spinal cord injuries, the corticospinal tract impairment method can provide a more accurate method of assessing the loss of function. If you received a spinal injury due to the negligence of another party or if you were wounded at work, you may be entitled to monetary compensation for your damages. Arguing for a higher rating in this situation would often be worthwhile because there is roughly a 10 percent different between a Category IV and a Category V rating. Drivers are at the highest risk with regards to seating position when compared with passengers in the rear of the vehicle. (512) 501-2743, SAN ANTONIO OFFICE "address": { It is used much less frequently than the DRE Method, so I am not going to discuss it in detail here. When we get a back injury in a motor vehicle accident and require emergency medical treatment, we always expect to face high medical costs to begin our recovery. Victim died of injuries in a truck accident. Injuries Covered by Workers Compensation. It is important to understand this because I have seen many cases where a doctor gives less than a Category IV rating following a cervical fusion. What is the average settlement value of spine injury requiring fusion surgery? "name": "Normandie Law Firm", In short, cervical disc herniations and extrusions are much less vulnerable to the whiplash bias. He answered so many questions for me even before I retained him as my WC lawyer. Car accident settlement with cervical disc injury, $100,000 The risks also include a rejection of the bone graft, additional spinal cord injury, nerve damage, or more. (281) 694-5951, DALLAS OFFICE This is not always the case but it is a reality that many will have to deal with. All of this needs to be monitored and recorded so that it can be integrated into your neck injury compensation settlement. Work with a lawyer to ensure you have rock solid documentation supporting your lost wage claim. Cervical fusion One of the most common medical treatments available for cervical injuries is cervical fusion procedures, which helps to stabilize and bring relief to the affected region of the spine. Doctors perform many different types of neck surgery to relieve pain and impairment that comes from work injuries. Nothing on this website is, or should be taken as, legal advice. To receive more information or a FREE consultation with one of our Los Angeles attorneys, give us a call, send us an email, or submit the contact form below. "@type": "Person", This Law Firm took care of me and ALL my needs throughout my litigious process. If you can secure compensation, it will help if you are equipped to address the costs of your treatment and hopefully walk away with some funds to rebuild. "@type": "PostalAddress", However, these are among the more severe that can leave you physically devastated. Also, if you do not go to the hospital, the insurance company will use that as an excuse to say you were not really hurt. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. Return to Work and Multilevel Versus Single-Level Cervical Fusion for Not only do you have the costs of the surgery itself, but you must add in the cost of medical care before and afterwards. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. Average Settlement for Spinal Fusion | Compensation Payouts Stapp Car Crash Journal,44, 171-188. It is also possible to separate the injuries and prove that car accident caused a different type of neck injury. The story of Goldilocks and the three bears is analogous. }, The more identifiable symptoms are in your medical records, the more ammunition your lawyer will have to argue for a larger settlement. 5711 McPherson Rd, Laredo, TX 78041 As mentioned above, close to 50% of all soft tissue and whiplash neck injuries are permanent. He has gained, via interviews and case studies, which are a byproduct of his successes. Therefore, it is essential to understand the full extent of what you are owed and can recover if you become the victim of a cervical spine injury and require fusion injury. Will you need ongoing medical treatment for pain and other symptoms after neck surgery? To determine the average settlement for spinal fusion surgery, you must consider a variety of factors. The world does not stop even when your world is turned upside down from a cervical spine injury, and you still need to make ends meet. The more levels fused in the surgery, the higher the settlement average. Doing that requires a lot of time. Example: Anne is a firefighter in California who files a workers comp claim after she . A cervical fusion can consist of: These are only a few of the options for cervical fusion procedures. The rental car companys insurance includes uninsured motorist coverage. In total, the average workers' comp settlement was $21,800 according to a 2016 study.However, some cases could be worth as little as a few thousand dollars and others could be worth millions. So, a workers compensation injury that requires a cervical fusion surgery should result in at least a Category IV rating of 25 to 28 percent to the body as a whole. You can observe similar cases and verdicts below and see if your injuries are similar. He keeps an academic approach to business that improves the consumer's well-being. "@type": "Rating", Settlements of roughly $275,000.00 or higher for cervical fusion with issues on three or more vertebrae levels. So they could stay focused on preparing for and getting to the surgery center without worrying about not having enough money to get there. . Claiming that different accident, like a fall or car accident, is the reason you need the surgery. The association between prevalent neck pain and health-related quality of life: a cross-sectional analysis. Many times, people who are involved in car accidents suffer jolting injuries that can rupture discs or wound their spines.
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