How much money should you expect from your back-injury case? But you do not have to walk this path alone. Insurance companies can use MRIs to argue that a plaintiff's back was already faulty at the time of the car accident. Epidemiology of Spinal Cord Injury and Traumatic Brain Injury: The Scope of the Problem by Elie Elovic and Steven Kirschblum, Topics in Spinal Cord Injury Rehabilitation, 1999, Association of head trauma with cervical spine injury, spinal cord injury, or both by Iida Hideo et al., The Journal of Trauma: Injury, Infection, and Critical Care, 1999, Back Injury Average Car Accident Settlement. Scoliosis is a medical condition in which your spine has a sideways curve, which can cause your head, neck, and back to whip violently forward if another driver strikes you from behind at a high speed. If you have any questions about your injury or the status of your case, please do not hesitate to contact a lawyer. We can provide you with a non-invasive, drug-free treatment plan for your spine that can improve curvature, pain, and disability rating. There is no one answer to this question as scoliosis can be caused by a variety of traumas, both physical and emotional. If you are currently represented by an attorney, you should strictly abide by his/her counsel. This irritates the nerves and causes pain. This includes things like whiplash. Giving specific examples of the reasons for your anxiety or depression, or why you cant sleep since the accident will be more convincing than simply stating, I cant sleep. Be heartfelt and openly communicate the emotional strain the accident has put on you and your family. The primary factor that drives the potential settlement value of a back injury auto accident case is always going to be the severity of the plaintiff's back injury. High-speed accidents can also cause a Chance fracture in the thoracic or lumbar spine due to the bending of the spine against the seatbelt. whether there are pre-existing back injuries. Scoliosis is a common condition in adolescents that typically occurs in the back. Your use of this site does NOT create an attorney-client relationship. Suppose you were t-boned by a drunk driver. That is the average compensation payout, our lawyers have had back injury cases that settle in the millions. Scoliosis can be treated with bracing, surgery, and physical therapy, but it can also be treated with bracing, surgery, and physical therapy. A significant number of treatment approaches are successful, and research is discovering how to prevent curves from changing after a treatment plan has been completed. A traumatic injury, such as a motor vehicle accident, may speed up the process of degeneration, or either activate or reactivate symptoms. It is possible for accident victims to pursue a claim against the at-fault driver directly for losses not covered by insurance. If you would like to discuss your case with a back injury attorney, call 800-553-8082 or get a free online case consultation. Your use of this site does NOT create an attorney-client relationship. The attorney only gets paid after negotiating a personal injury settlement or winning your case in court. Fales and Fales, P.A. This type of scoliosis is also known as traumatic scoliosis business analyst vs it business analyst When you settle a claim, in almost every case you voluntarily and permanently give up your right to pursue additional compensation later. It is difficult to live with scoliosis, even if you have it. Average settlement for a back injury in a car accident. abnormally shaped vertebrae (Scheumanns kyphosis) if the vertebrae do not develop properly, they can become out of alignment. You consent that the law firm you are matched with or a call center may contact you by phone and/or text, even if you are on a Do Not Call Registry. The upper body may slip out of the seatbelt, resulting in even more damaging sideways bending and impact with the door of the car. If you sustain a spinal cord injury above the spinal cord, you are more likely to suffer paralysis in the majority of your body (also known as tetraplegia or quadriplegia). Please answer a few more questions and then click "Go to Last Step". In fact, your insurance company is likely to argue that your scoliosis was pre-existing before the accident and that it was not caused or exacerbated by it. It is NOT formal legal advice. You agree these messages may be auto-dialed or pre-recorded, and consent is not a condition of purchase. The settlement compensation payouts for these types of back injury cases hinges on: At the top end of the scale is herniated disc injuries that require back surgery. Can I sue for emotional distress? But you may qualify for pre-settlement funding. The other vehicle (also a F250) was traveling at nearly full posted speed of 55mph. The recovery from back injuries can be particularly difficult. By submitting, you agree to the Terms & Conditions. But we have had clients report progress with epidural injections. Please use the button below to see how else we can help. ), lost wages, and for pain and Scoliosis is a spinal condition that can affect both children and adults. WebCoaches who Care. Most personal injury victims experience some type of emotional distress in varying degrees of severity. If you cant move a person with a spinal cord injury, call an ambulance. $1,550,000 Pickup-truck accident settlement with traumatic brain injury (TBI) where a teenage boy suffered injuries as a passenger in a vehicle that rolled over. We'd love to hear from you, please enter your comments. Ad Davis Saperstein Salomon PC. When a disc ruptures and its contents spill out, a hernia has occurred. Unfortunately, based on your answers, we will not be able to help you. $4.9 million after a trucking accident caused a TBI that led to permanent and severe impairments to memory and communication skills, personality changes, and more. Scoliosis is a condition where the spine is curved to the side. When you work with a lawyer, they will consult with your doctors and other experts to help them estimate your future needsthe insurance company will never do this (or will skew the numbers in their favor). In car accidents, property damage and personal injury claim damages can include medical, dental and therapy bills, out of pocket expenses (for such items as prescription and over the counter medications, slings, crutches, wheelchairs, etc. At the bottom end of the scale for the amount you can expect in a back-injury settlement are soft tissue back injuries that cannot be confirmed by any diagnostic testing. If youve suffered a traumatic brain injury and someone else was responsible, you are likely entitled to compensation for your injury. jQuery("html, body").animate({ Certain types of back injuries can be difficult to definitively prove in court. If your injury case makes it to trial, you risk losing. Unless otherwise advised by your doctor, it is safe to engage in general fitness. My children and I were rear-ended in our F250 while stopped at a red light on a dark country road around 7:30pm. Please answer a few more questions and then click "Go to Last But the insurer pays only up to policy limits. Figuring out a fair settlement amount isnt always straightforward, and settling for a payout thats far less than what you need to support your needs can lead to significant financial and personal hardship down the road. Surgical Site Infection in Spine Surgery: Who Is at Risk? Suing ex-roommate for breach of contract and emotional distress? It is still important to sit and stand tall for the sake of stretching the spine, strengthening the back, neck, and shoulder muscles, and strengthening your back, neck, and shoulder muscles. If you are experiencing any of these symptoms or signs, you should immediately call 911 and go to a hospital. View, stream, and download brain injury resources, videos, awareness materials, and more. The result is the total amount you will demand for a final settlement. If the plaintiff has a history of back problems, a pre-existing back injury, or a degenerative back condition, may reduce the potential settlement value of their case if the jury believes that some portion of the pain is the result of a prior or chronic injury. No one involved was seriously injured. The lumbar area of the spine may also be affected by the lap restraint and from being pushed into the seatback. The above is general information. There are so many people who are willing to fight for you. Not even close. The cervical spine, or the neck, is the most commonly injured region of the spine in car crashes. There are a number of potential symptoms associated with traumatic scoliosis, including back pain, deformity of the spine, and difficulty breathing. It can cause pain, numbness, and weakness in the affected area. If the victim accepts the settlement, the case is resolved. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. scrollTop: jQuery("#"+hash).offset().top - 200 In most cases, insurance companies consider compensation based on the injury and its direct effect on subsequent medical bills and related damages.. Because TBIs can vary so significantly in terms of their severityand eventual payouttrying to calculate an average settlement value isnt especially useful. WebThe level of pain and suffering these conditions cause will have a direct impact on your accident settlement. Scoliosis cannot be cured; it is an incurable progressive condition, which means it will only get worse as long as it persists. Herniated or Bulging Disc: Auto accidents can cause injury to the intervertebral discs. In April 2017, Rickie Huitt underwent cancer surgery to remove his prostate gland. The accuracy of information provided on this site is not guaranteed. Even if you do not have scoliosis, you should still improve your posture. Early intervention may even prevent further damage to the spine and may even reduce the progression of scoliosis. This can be caused by a variety of things, but is most commonly seen in those who have a genetic predisposition. For individuals younger than 65 years old, car crashes are the primary cause of trauma to the spine. Still, favorable settlements and jury verdicts can be had in many insurance claims with previous injuries. It provides its doctors with dietary guidelines and nutritional supplements to give to its patients. Scoliosis is usually diagnosed when the x-ray reveals an abnormal sideways curve. Depending on the location of the injury, the severity of a spinal cord injury can vary dramatically. Crash victims should ask potential attorneys for their car accident settlement examples so they can understand how the attorney has performed for past clients. Scoliosis is not uncommon, but research suggests that poor posture is not to blame. Please answer a few more questions and then click "Go to Last Around 38,000 people are killed in auto accidents each year, and many more people are injured. More than half of victims were able to resolve their claims within six months. Surgical Site Infection in Spine Surgery: Who Is at Risk? This means cases where the spinal cord was injured, including by a fractured or dislocated vertebra. The case settled and I got a lot more money than I expected. Unfortunately, based on your answers, we will not be able to help you. In 2021, his peers voted him the Best Personal Injury Lawyer in the Austin/San Antonio area, according to Texas Lawyer magazine. Scoliosis can cause a persons balance to become unstable, resulting in falls. Lets examine these factors in more detail. However, if you are considering it, there are a few things you should know: Talking with a lawyer who has worked on TBI cases in the past can give you and your family members peace of mind at an especially difficult time. Save my name, email, and website in this browser for the next time I comment. In fault states, on the other hand, the driver who caused the crash will always be responsible for losses. } The first and most obvious issue that affects your settlement is, as mentioned, your car accident traumatic brain injurys severity.
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