Some symptoms can take up to weeks to manifest. . How healthy discs herniate: a biomechanical and microstructural study investigating the combined effects of compression rate and flexion. We outline some of those circumstances in the section below. If you have suffered a spinal injury by way of a car accident, accident at work, medical malpractice, or a malfunctioned product, you can pursue legal action and seek compensation for your damages. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Our Recent Back and Spine Injury Verdicts & Settlements, Over $500,000,000 Recovered for Our Clients Top-Rated. You can learn if your current lawyer is acting in bad faith or if he is striving to settle your claim for his own personal gain. This Law Firm took care of me and ALL my needs throughout my litigious process. If you experience any of the following, be sure to seek medical assistance as quickly as possible: Radiating pain that penetrates the shoulders, arms and hands, Any tingling, numbness or weakness in the arms, hands and fingers. The median of spinal injuries is more telling, and an attorney who has experience in spinal fusion cases will be able to give you more in-depth information. You should speak with your pain management doctor about this. He or she should take your specific circumstances into account. Aaron Winston is the Strategy Director of Express Legal Funding. However, when the back injury is due to another partys negligence causing us bodily harm, they become, or their insurance company becomes the party responsible for compensating us financially so we can get the treatment we need without worry. Victim died of injuries in a truck accident. However, these statistics will only tell you so much, and you might need some extra information. Vehicle accident settlement with cervical fracture injury, $370,000 Once a car accident victim suffered from a catastrophic cervical spine neck injury, then its average neck injury settlement amount may reach up to $2.7M. (800) 400-5050 Free Consultation 247. The information contained on this web site is provided for informational purposes only and not legal advice. 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. Aaron R Winston was featured in a, whether there is someone you can sue to seek financial justice for your injuries and damages, driver only bought a minimum insurance policy, injuries claim or another type of injury case. Five years after the accident, whiplash casualties still have poorer quality of life in the physical domain than other mildly injured casualties: analysis of the ESPARR cohort. 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. The corticospinal tract impairment may be used to rate injuries where an individual had an injury or surgery that would often be rated using the DRE method, but the DRE method does not fully account for their loss of function. Vehicle accident settlement with cervical disc injury, $30,000 The short answer is not always. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. The best way to know if your injury is serious is to contact a medical professional and get the proper testing. The average nationally for cervical fusion settlements ranges from as low as $150,000 to a much higher average of over a million dollars. "addressRegion": "CA", Mr. Benyamin has personally helped his clients recover over $10,000,000 in vehicle accident insurance claims in the State of California. You can expect from $150,000 to more than $200,000 with spinal fusion cases. Without a medical explanation of the mechanism of injury in your neck injury claim, your case would boil down to I was in a car accident and now my neck hurts, give me money. Meaning, without the jurys understanding of this topic, how much money you get for a neck injury will be negatively affected. Non-fatal injuries to this spine can be excruciating and devastating to your physical health if improperly treated. ", The insurance company will scrutinize your past medical records to try and bring forth the argument that you had a pre-existing condition. "@type": "Rating", Aaron R Winston was featured in asmith.ai interview(2021) and a company growthcase study(2022). You need to relay these symptoms to your doctors so they record it in your medical records, and to your injury attorney so its included in any settlement discussions. This needs to be kept in mind when claiming whiplash after a car accident, because the neck injury lawsuit settlement should match your injuries. The challenge is that for decades now, one of the most common neck injuries whiplash injuries has developed a reputation of being a claim raised by fakers and exaggerators. They are hoping you take the money before you realize the true value of your case. site map. Hyperextension injuries can also cause vertebrae and spine dislocation. BMC public health,16, 13. 5711 McPherson Rd, Laredo, TX 78041 However, more levels fused at index surgery are reportedly associated with poorer surgical outcomes than single-level fusion. Jason is a very genuine person and I trusted him with my case. The book was published in 2023. An x-ray and MRI are not great tools (but, nonetheless, useful) to use for diagnosing whiplash, though they can help diagnose other types of neck injuries. Pain. Injury Mechanisms & Criteria, 2001. Rear end auto accident settlement with cervical soft tissue injury, $91,000 An insurance adjuster will consider how much damage was done to the vehicles involved in the car accident before making a settlement offer, check whether the claimants injury shows up on an x-ray or an MRI, look at how long the recovery period was, and whether the neck injury is permanent. Tournier, C., Hours, M., Charnay, P., Chossegros, L., & Tardy, H. (2016). While the odds of each risk vary depending on what they are and how severe the damage is, they are still worth keeping in mind when the surgery comes up. There are a million twists and turns, and any one of them can lead you to a dead end. My standards are high and NOT ONCE have they failed me. During a collision in which a high level of impact occurs, the intervertebral discs in the cervical spine may slip out of place from between vertebrae and cause the injured disc to compress nerves in the spinal cord. (512) 501-2743, SAN ANTONIO OFFICE Truck Driving Lawsuits: Interstate vs. Intrastate Trucking Liability. Moral of the story the Best Law Firm may not be the Best Law Firm for YOU.. We at Express Legal Funding understand that as a reality of life and have provided pre-settlement funding to those pursuing spinal fusion claims. Rollover auto accident settlement with cervical disc injury, $128,000 Does your injury potentially qualify for a catastrophic designation? The more identifiable symptoms are in your medical records, the more ammunition your lawyer will have to argue for a larger settlement. This type of injury is usually painful and often causes stiffness and tenderness in the neck. Although unfortunately, sometimes, the other driver only bought a minimum insurance policy limit, so you could be left with a limited amount of recovery. Pedestrian crosswalk accident settlement with cervical disc injury, $660,000 Yes. You could end up with $2,000 if you dont hire a lawyer who will protect the value of your claim. Otherwise, find a lawyer who really understands these injuries and how to squeeze out maximum value for you. Your injury isn't only open during business hours, and neither are we. Tractor-trailer accident settlement with cervical disc injury, $270,000 The decision about whether you need neck surgery and which type of surgery would be best for you should be made by you and your doctor. The renter purchased coverage when he or she rented the car. This might happen to a passenger in a rear facing seat with no head restraint, or an inadequately designed one. }, With that caveat aside, the average neck injury settlement from our experience and research is between $5,000 and $20,000. be sure and read this article that covers PPD benefits more generally. Would it be enough if you have to use a jar opener or other gripping device because of weakness in your hands and arms or does it require something more significant? You shouldn't try to figure out what to do next on your own. 4600 Alabama St #C, El Paso, TX 79930 (909) 328-6810, VICTORVILLE OFFICE They also ask us questions like: _______________________________________________________________________________. With the ability to cause chronic, systemic issues later in life, untreated or misdiagnosed neck injuries resulting from car accidents can be serious and debilitating. Workers' compensation is designed to make it easier and simpler for both employees and employers to resolve compensation issues when an employee suffers a work-related injury, especially something as potentially serious as a neck injury. "@type": "PostalAddress", Mr. Benyamin received his Juris Doctor degree from the Thomas Jefferson School of Law, and his license to practice law from theState Bar of California. Damage to the spinal cord or discs due to shearing and bending between the cervical vertebrae, physical stretching of the spinal cord or direct impingement by fractured vertebrae. The example indicates that person would qualify for a Category IV rating of 25 percent to the body as a whole. Vehicle accident settlement with cervical fracture injury, $350,000 The more severe the back or neck injury, the more expensive and complex the treatment will likely be. If surgery improves or cures the radiculopathy, it is not clear whether you have to have the MRI showing the herniated disk in order to get a Category III rating of 15 to 18 percent to the body as a whole. }, His "it factor" is that he is a tireless and inventive thought leader who has made great strides by conveying his legal knowledge and diverse expertise to the public. There are a variety of different spinal fusion procedures2 level ACDF surgery, L 5 s1 fusion, the list goes onand your specific procedure plays a role in your potential settlement. Its risk-free because it is not a loan of any type (Some states even had court decisions determining legal funding not to be a loan). European spine journal,18(3), 371-381. Ability to reopen your claim. The study population included patients who underwent cervical fusion for radiculopathy. Generally, the diagnosis is based upon your history (being involved in a car accident would be a strong clue) and symptoms. So if you are interested in learning more and a free legal funding case review to learn more about whether this type of litigation finance is the right choice for you, give us a quick call. If you suffered a disc injury in your neck and had surgery, that always causes and leaves permanent issues and symptoms. However, it is important to note that not every case is the same, and the payout for each one varies. OUR ATTORNEYS CAN HELP YOU FILE THE RIGHT LAWSUIT, Average Value of a Car Accident Lawsuit Requiring Spinal Fusion, Back Neck Surgery Malpractice Attorney Botched Spinal Fusion, Average Case Value of a Lumbar Fusion Injury Lawsuit. (956) 281-0792, CORPUS CHRISTI OFFICE If you have questions, I would recommend that you try to get answers. Saying that the surgery is needed because of degenerative disc issues that would have happened regardless of the work-related injury. 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. First, this approach only works by showing, not telling, that your case is worth more. An impact such as a fall can crack vertebrae, damage discs, and cause fractures up and down the spine. First, the insurance company will demand full documentation of all the medical care and emergency room records, including visits to primary care physicians, doctors and chiropractors, and past medical records. He needed cervical fusion surgery to repair his spine. Consider this if a law firm has 30 cases and each case has over a million dollar potential, whose case will that law firm spend extra time on, your $10,000 case, or someone elses $1,000,000 case? You received a Workers Compensation Award letter that entitles you medical benefits for a work injury. Cervical fusion claims are not well-known. Nothing on this site should be taken as legal advice for any individual case or situation. It is important to figure out the right strategy and take action to correct the rating. Lane change tractor-trailer accident settlement with cervical disc injury, $1,600,000 A cervical fusion can consist of: These are only a few of the options for cervical fusion procedures. Rear end car accident settlement with cervical disc injury, $268,000 Helping to stabilize and mobilize the head and neck, the facet joints in the cervical spine can become inflamed and irritated during a car accident. This area is called the cervical region, and unlike the lower back (lumbar fusion), its at the top-most area of your spine and is responsible for supporting your head on your neck. This occurs when the body accelerates quickly forward, causing the head to accelerate via the neck. This means your whiplash settlement should be for a permanent, lifelong injury, not for a 4-6 week minor injury. The question is how significant the adaptive devices needs to be. A Warning For The Stupid. These are hard fought damages insurance companies are notorious for refusing to pay full lost wage claims. Surgery complications also play a role since a cervical fusion can impact your range of motion and make it challenging to perform ordinary physical tasks. The first two injury types are typically caused by an excess of bending, shearing or displacements produced by force pushing the head and neck away from your upper body. One example of a cervical fusion claim involved a New Jersey man caught in a car accident. However, the injuries happen more often than the lack of coverage implies. 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. A neck injury can be both physically and mentally painful, and cause you to lose all enjoyment in life, and be consumed with grief and mental anguish. You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits. A doctor will diagnose your neck injury and can help prevent potential chronic pain and long-term complications from ruining your life. "name": "Gina Rasmussen" Let us help you win. On average, the chances of this reduced range of motionare as follows: There are a few additional risks associated with the procedure. Apply for a pre-settlement lawsuit loan from Nova Legal Funding today or call one of our funding agents at 866-691-4162 for a free case review. Head on vehicle accident verdict with cervical soft tissue injury, $200,000 If your workers compensation doctor rated you at Category III following a cervical fusion, your PPD rating would be about 10 percent less than it should have been. Traffic accident data has revealed that more than 90% of whiplash injuries result from rear impacts. Your spinal fusion injury lawsuit could be worth over $500,000 if it were brought on by the gross negligence of another party, such as a company or a malfunctioning product, and if you suffered additional damages. So to get started, all you need to do is give us a call or apply online. 9121 Haven Ave, Rancho Cucamonga, CA 91730 They are inundated with average injury attorneys who will settle your case fast while leaving money on the table. According to the settlement examples listed on this page, the typical Florida C4567 fusion settlement is worth anywhere from $45,000 to $150,000. "@type": "Person", We will get to know you, your injury, and how your life has been impacted by your accident to help ensure we pursue every possible avenue to get you the settlement you deserve. Generally, spinal fusion surgery takes place in those who have sustained severe damage to their backs in one way or another. If you settle a claim with a Stipulation and Award, you can reopen the injury claim within five years of the date of injury. However, there is still remarkably little coverage surrounding the lawsuits and the subsequent settlements or court awards. Generally, 3-level cervical fusion settlement workers' compensation claims involve civil liability, personal injury, and other damages. (831) 417-8532, OXNARD OFFICE 5.1. In an auto accident, this can cause you to have short-term and long-term pain. Typically, the larger settlement amounts are eventually offered for the more complex injury cases. Deng, B., Begeman, P. C., Yang, K. H., Tashman, S., & King, A. I. An attorney will review your case within 24 hours, and we will reach out with next steps. What are some average settlement amounts for spine injury needing fusion surgery? The problem with spinal fusion lies in the time afterward. Jason Perkinsis an attorney who specializes in representing injured workers. Age, education, and occupation play critical roles. 13782 Bear Valley Rd., Victorville, CA 92392 5. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. When the surgery is complete with the bone grafts, those vertebrae form a single bone. You later learn you have ligament laxity or other damaged tendons or ligaments which have healed over with scar tissue, and will cause lifelong permanent symptoms. The patient will experience relief from pain with the bone graft because the bones won't be moving independently. Some injuries are more severe than others and will warrant a more significant settlement value. If you settle with a Compromise and Release, you are saying that you would rather take a cash payment than have the right to reopen the claim.. This method is known as DRE for short. Period. *Disclaimer: Your comment may be publicly visible on our website. This information is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship. T-bone auto accident settlement with cervical disc injury, $1,941,000 How much you made before you were hurt: Many work comp benefits are based on your pre-injury weekly wage. This is not the time to macho up and play down your symptoms. You will also learn the 101s of: When not to settle a neck injury claim, What is mechanism of injury and how it can help you, Sample neck injury settlement amounts, What are recoverable damages in a neck injury claim. 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. The definition has three important parts. When his claim ended in 2021, he was awarded a staggering $4,000,000.00 verdict. Plus, at Express Legal Funding, we always make it completely free to apply and never charge any application fees. In a typical front end or rear end accident, the neck will bounce in both directions forward and then returning to the headrest, or vice-versa. Depending upon the severity of the neck injury, the overall cost of medical and chiropractic treatment can be hundreds of thousands of dollars. For injuries with lifelong complications, those costs can become insurmountable. Below, you will find some of our most recent settlements on behalf of these clients. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Injuries to the spine can put you out of commission for weeks or months. Johnson G. (1996). 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. He placed in the top 5% of those who took the SEO skills test assessment. Highly recommend this Team! Plano, Texas 75024, Office: (888) 232-9223 Mr. Benyamin is a registered member of the following legal organizations: Consumer Attorneys Association of Los Angeles(CAALA), theLos Angeles County Bar Association(LACBA), theState Bar of California, theAmerican Bar Association (ABA), and the American Association for Justice (AAJ). Many times, people who are involved in car accidents suffer jolting injuries that can rupture discs or wound their spines.