Settlement FAQs

what is acceptable settlement for curvical spine injury

by Prof. Terry Boehm PhD Published 1 year ago Updated 1 year ago

An average settlement amount for minor neck injuries is normally in the region of $10,000 to $100,000. For example, a cervical injury that only needs minimal time for treatment and recovery will average at $25,000.

Full Answer

What is the average settlement for a cervical spine injury?

Minor Cervical Spine Neck Injury Settlement Amounts Bear in mind, the average settlement amount for minor neck and back injuries are generally much smaller, such as $10,000 to $100,000. For instance, an injury that requires minimal treatment and recovery time will average roughly $25,000.

What is the average settlement for spinal fusion surgery claims?

What Is the Average Settlement for Spinal Fusion Surgery Claims? The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage.

Can I reclaim damages for a cervical spine injury?

A cervical spine injury can be completely life-changing, creating emotional and physical trauma as well as thousands of dollars in medical bills and lost wages. After suffering a cervical spine injury, you likely have dozens of questions—among the first may be how to reclaim the damages you’re owed.

What are the benefits of getting a settlement for a neck injury?

While no amount of money can erase the accident, it can help a victim resume a normal lifestyle as best as possible. 5. The Ability to Return to Work Accident victims with serious injuries often struggle to find or return to work. A neck injury could keep you out of a job for months or longer, so your settlement must include lost income.

How much compensation will I get for cervical spine injury?

It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. Neck disc injury cases that result in surgery average over $200,000.

How much is a cervical fusion worth?

The average nationally for cervical fusion settlements ranges from as low as $150,000 to a much higher average of over a million dollars.

How much is a cervical radiculopathy worth?

Settlements for cervical radiculopathy related to car accidents can range from thousands of dollars to more than a million dollars, depending on the circumstances.

What is the average settlement for a spinal fusion?

As far as the amount you can receive with a spinal fusion surgery settlement, it can vary widely. You can expect from $150,000 to more than $200,000 with spinal fusion cases.

Does cervical fusion qualify for disability?

Most individuals who undergo a spinal fusion surgery end up qualifying for SSDI benefits through a residual functional capacity (RFC) assessment. An RFC will document your ability to perform certain tasks, such as lifting and walking.

What is recovery time for neck surgery?

It will take between 4 and 6 weeks before light work can be accomplished, while full recovery usually takes between 2 and 3 months. If necessary your doctor may suggest physical therapy sessions to aid recovery.

How much is a herniated disc in the neck worth?

A herniated disc settlement for a neck injury ranges between $15,000 to well over $200,000. A neck injury settlement depends on which injury your neck has and a herniated disc is a serious neck injury which can leave you with debilitating pain.

How much is a pinched nerve worth?

Generally speaking, an accident victim can expect $15,000 to $75,000 for mild to moderate injuries. For severe damage, a victim may receive $100,000 upwards into millions.

Is cervical radiculopathy work related?

Cervical radiculopathy is a condition that is often thought of as a repetitive stress injury that can be related to work activities.

What is a 2 level cervical fusion?

Anterior Cervical Discectomy with Fusion, Two Level Surgery Anterior Cervical Discectomy with Fusion, Two level procedures the incision is made in the front of the spine through the throat area. After the disc is removed, a bone graft is inserted to fuse together the bones above and below the disc space.

Can car accident cause cervical spondylosis?

Spondylosis is a severe degenerative back and spinal condition. The process of deterioration makes it nearly impossible for spondylosis to be linked to trauma that is directly caused by car accidents.

What are the limitations after spinal fusion?

Avoid strenuous activities, such as bicycle riding, jogging, weight lifting, or aerobic exercise, until your doctor says it is okay. Do not drive for 2 to 4 weeks after your surgery or until your doctor says it is okay. Avoid riding in a car for more than 30 minutes at a time for 2 to 4 weeks after surgery.

How much does a C5 C6 Fusion cost?

The average single-level cervical spine (neck) fusion costs around $15,700. With the rising costs of health care, the question comes up: is this surgery really worth that much money? One way to measure the economic value of this procedure is to calculate the cost per quality-adjusted life year (cost/QALY) gained.

What is a 2 level cervical fusion?

Anterior Cervical Discectomy with Fusion, Two Level Surgery Anterior Cervical Discectomy with Fusion, Two level procedures the incision is made in the front of the spine through the throat area. After the disc is removed, a bone graft is inserted to fuse together the bones above and below the disc space.

How serious is neck fusion surgery?

What are the risks? No surgery is without risks. General complications of any surgery include bleeding, infection, blood clots (deep vein thrombosis), and reactions to anesthesia. If spinal fusion is done at the same time as a discectomy, there is a greater risk of complications.

How much does a 2 level ACDF cost?

Two-level ACDF had a 7-year cost of $158,373.48, generated 4.44 QALYs, and had a cost-effectiveness ratio of $35,635.72.

How much was the settlement for a cervical spine injury?

In another car accident case, a 60-year old retiree received a $2.76 million cervical spine neck injury settlement after he was hit by a United Parcel Service (UPS) truck operator. The victim was sitting in his double-parked car on a two-way road when the truck operator approached from behind.

Who Pays a Neck Injury Settlement?

Neck injury lawsuits are typically filed when car accident victims do not receive enough from an insurance claim to cover medical costs, lost wages, property damage, and other expenses. Filing an injury claim allows you to sue the responsible party and/or their insurance company to recoup your damages. The party that pays your neck injury settlement depends on which avenue you and your attorney chose to take: an insurance claim or a lawsuit.

What Are the Most Frequent Car Accident Back Injuries?

Your spine is one of the most delicate components of your body. It houses your spinal cord, which carries information from your brain down to the rest of your body. The bones that make up your spine are called vertebrae, and these bones are separated by jelly-like cushions called intervertebral discs.

What Are Common Neck Injuries After a Car Crash?

Car accidents can cause a lot of serious injuries, and among the most serious are injuries to the cervical spine. The cervical spine, or neck, consists of seven cervical vertebrae referred to as C1 through C7.

How long does it take for a sprain to heal?

The severity of the injury refers to the extent of the injury itself as well as the healing time. A minor sprain can heal within a few weeks. A fracture can heal in a few months. Paralysis is forever.

What is the term for a single vertebra that slips out of place?

Spondylolisthesis is the medical term for when a single vertebra slips out of place. This type of injury typically occurs at the base of the spine, but much like a compression fracture, can happen anywhere in the back. Spondylolisthesis is caused by spondylosis, or when a fracture in the vertebra forces the bone to move forward, backward, or over another bone.

How much does spinal fusion surgery cost?

Unlike minor injuries, an injury that requires spinal fusion surgery averages more than $200,000. This is evidenced by the multi-million examples above in which all victims required surgery.

How much does a neck injury settlement cost?

With that caveat aside, the average neck injury settlement from our experience and research is between $5,000 and $20,000. These numbers are weighed down by the fact that the average accident involves a short, 3-6 week injury and minor collision.

How much is a neck injury payout?

It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. Neck disc injury cases that result in surgery average over $200,000.

How long does it take for a neck injury to show?

As is often the case, signs and symptoms of a neck injury may not appear until several hours or even days after the accident occurred. Some symptoms can take up to weeks to manifest.

What is the injury advocate group?

No matter where you are, the Injury Advocates Group lawyers can help you maximize your neck injury settlement and recovery. With a national reach, we invite you to contact us for help. Our auto accident practice includes service in the follow areas:

What is the medical explanation of what happens structurally to your body during a traumatic event which caused your injury?

Mechanism of injury is the medical explanation of what happens structurally to your body during a traumatic event which caused your injury.

Can a neck injury be proven?

If your medical records show that there was a neck problem prior to the car accident, then with the right help from a creative lawyer, it could be proven that the accident made the existing condition worse.

Is neck injury settlement difficult?

The outcome of every neck injury claim is different and depends upon a unique set of variables, so determining the average cost of a settlement is very difficult. In our settlements and verdicts page, we describe how even when lawyers use the same methodologies, they may reach different settlement averages for a similar case type.

What Types of Cervical Spine Injuries Qualify for Workers Compensation?

The severity of your injury and its effects will determine the amount of benefits you can recover. Generally, employees who have suffered cervical spine injuries can recover benefits for their medical bills, loss of earnings, rehabilitation and retraining costs, and certain other out-of-pocket expenses.

What are the effects of cervical spondylosis?

The following are also effects of doing your job that can cause cervical spondylosis and other cervical spine injuries: Suffering a neck injury in a work-related vehicle collision. Suffering a neck injury in a fall or other work-related accident. Doing heavily lifting at work. Being exposed to vibration (“like bus or truck drivers”) on the job.

Can I Seek Workers Comp for Cervical Spondylosis?

Potentially, yes. Cervical spondylosis is a degenerative condition that affects many people as they age, but it can also result from “wear and tear” at work. If you have been diagnosed with cervical spondylosis, you should consult with an attorney to find out if you are eligible for benefits.

Can C1 spinal cord injuries cause paralysis?

For example, injuries in the C1 to C4 vertebrae are the “ [m]ost severe of the spinal cord injury levels.” These injuries can potentially lead to total paralysis; and, even when they don’t, they can impact a person’s ability to breathe, control their bowel movements, and control other bodily functions. Injuries to the lower cervical vertebrae can also have these effects, though there is generally a greater likelihood of recovery. In many cases, however, injured workers will still need to seek medical, disability, and rehabilitation benefits for effects such as:

Can you collect workers comp for cervical spine injury?

You may be entitled to a cervical spine injury workers comp settlement if your are unable to work as a result of your injury. While most state laws only allow workers to seek benefits for job-related injuries, there are some exceptions. Additionally, even if you need to show that your injury is job-related, this does not necessarily mean that you must have been doing your job when you got injured. For example, if you slipped walking down the steps at work, you may be entitled to benefits. Keep reading to learn about:

Can cervical spine injuries be expensive?

Cervical spine injuries can be painful and debilitating. They can also be expensive. Treatment for cervical spinal cord injuries can leave patients with mountains of medical bills; and, if your injury puts you out of work, you could fall behind on your other bills as well. With this in mind, it is important that you speak with a lawyer about seeking a cervical spine injury workers comp settlement.

Can a computer screen cause cervical spondylosis?

For example, the Cleveland Clinic notes that, “ [straining] your neck often for your job, like looking overhead (for example, painters) or downward (plumbers or flooring installers) for many hours every day or keeping your head at an improper position for long periods of time (for example , staring at a computer screen that is too high or low),” can cause cervical spondylosis. The following are also effects of doing your job that can cause cervical spondylosis and other cervical spine injuries:

How much is the average disability settlement in Michigan?

This is not much for a person with a significant disability. Many people get more for an injury when evidence shows permanent work restrictions and lifetime medical benefits are needed.

Why are workers comp claims disputed?

They understand the potential for lifetime benefit payments, and they do not want to accept the cost. Many of our clients want a cervical spine injury workers’ comp settlement to avoid a potential cut-off.

Can you get a neck injury from looking down?

Claims for on the job neck and spine injuries are common. They can occur from car accidents, repetitive movements, being struck by an item, bending and twisting, or a variety of other activities. Some of our clients report cervical spine injury from constantly looking down in their jobs.

Can a spine injury cause neck pain?

This spine injury is sometimes difficult to diagnose and treat. It is hard to pinpoint the exact source of neck pain and even more difficult to prove that it was caused solely by a work-related accident. Watch out for new symptoms like increased neck pain or numbness down an arm.

Is neck pain a part of aging?

Insurance companies tell people that neck pain is just part of the aging process. They argue it is nothing but degenerative disc disease. Watch out for a low-ball cervical spine injury workers’ comp settlement. We recommend getting a second opinion from a doctor who is trusted whenever there is a neck injury. Almost everyone develops arthritis in their spine as they get older. This fact does not mean that a person is not suffering from a work-related disability.

Back Injury Settlement & Strategy

Even a car accident that may not initially appear to be serious can cause serious, permanent back injuries. This is true even at low speeds, and even when there is little to no damage to the car. Our firm has folders full of scientific medical journals to back that up.

Anatomy of a Back Injury

Allowing our bodies to bend and stretch, the spine has three natural curves that help to keep us balanced. While our spines are undoubtedly flexible and strong, they can easily become damaged when facing sudden traumatic force. This can happen even with, and sometimes because of, seat belts.

Other Back Injuries

Although sprains and strains are the most common type of lower back and middle back injuries, these are other common back injuries you may see noted in your medical records or hear a doctor say you have:

Different Vehicle Impacts & Related Back Injuries

The type of accident you were involved in (meaning the type of impact, such as rear-end, head-on, and t-bone) can cause different types of injuries.

Insurance Arguments for Back Injuries

One thing to remember as you work on dealing with your injuries is that no matter the pain you feel you are in, or the amount you feel you may be entitled to, insurance companies to not want to pay out on these injuries.

Average Back Injury Settlements

If surgery to repair a back injury is necessary, then the total cost of treating a back injury can exceed $100,000 depending on where you, geographically. In a city like Los Angeles, a lower back surgery can cost twice as much as it would in a rural country town.

Back Injury Q&A

Not all back injuries will be permanent, but there is a chance that yours may be. This all depends on the severity and circumstances of your accident. If your injuries are soft tissue and they persist for more than 12 months, there is a high likelihood your injury is permanent.

What Factors Affect the Workers Comp Settlement Amount for Neck Injury and Cervical Spine Damage Claims?

Several factors impact the potential settlement value of a neck injury claim. Below are some of the items I analyze when calculating a fair settlement amount for injured workers with neck injuries.

What is a cervical sprain?

A cervical sprain is a soft tissue injury used to describe neck pain in patients whose X-ray shows no evidence of damage to the cervical spine. It is a stretch injury to a muscle or ligament in the cervical spine. These are not minor injuries.

What are Common Causes of Neck Injuries?

Your neck is flexible and holds your head up. These features make the neck vulnerable to injury by a range of activities.

What is the term for a car accident where the neck is swollen?

Cervical Acceleration/Deceleration Syndrome (Whiplash) Whiplash is a common injury sustained in work-related motor vehicle accidents, particularly rear-end collisions. It is a hyperflexion/hyperextension injury. Whiplash causes the muscles and ligaments in your neck to stretch, resulting in damage.

What is the function of the cervical spine?

Cervical Spine (Vertebral Compartment) The cervical spine is one of the most mobile parts of the skeleton and has four primary functions: To support your head. To protect the spinal cord , nerve roots, and vertebral arteries within it from injury. To help the skull to move in each direction.

What are the symptoms of a neck injury?

Headache. Numbness and tingling in your arms, hands, or fingers. Trouble sleeping because of the pain. If you have any of these signs of a neck injury, ask your doctor to evaluate you for cervical spine trauma – even if you have been diagnosed with a rotator cuff tear or hand injury .

What kind of doctor can evaluate a neck injury?

After suffering a work-related neck injury, many types of medical providers may evaluate you: emergency room physicians, nurses, primary care providers, orthopedic surgeons, neurosurgeons, physiatrists, and therapists, to name a few.

How long can you be out of commission after a spinal injury?

Injuries to the spine can put you out of commission for weeks or months. It becomes difficult to move or complete daily tasks, and you are generally unable to go to work while recovering. Some spinal injuries require cervical fusion, which can greatly limit mobility for the rest of your life. If you received a spinal injury due to the negligence ...

How much compensation do you get for spinal fusion?

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. However, it is important to note that not every case is the same, and the payout for each one varies. The average compensation for a spinal fusion claim, for instance, is in the six-figure range; this is an inflated amount, however, because outliers boost the average value. A settlement that won $7,000,000 dollars, for instance, would pull the average up by a lot. 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.

What is spinal fusion?

Spinal fusion involves joining certain bones in the spine so that the damage is minimized. For example, a ruptured disc that was left untreated may have caused additional damage and could not be fixed. It was likely removed and a bone graft was substituted in its place, held together with metal screws or plates to immobilize the area to prevent slipping or other damages.

What is crucial in spinal fusion cases?

What is crucial in spinal fusion cases is the age of the victim. Younger individuals tend to get lower amounts of compensation than older people do; this may be due to the fact that younger people tend to heal faster and the injury affects them in less impactful ways. A college student may not have a career and family to provide for like a man double his age; thus, the older gentleman would likely earn more.

Why do insurance companies pressure you to accept low settlements?

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. If you believe you are being misrepresented, call us today to speak with a skilled and experienced attorney who will give you a second opinion on your case.

Can spinal fusion cause pain?

The problem with spinal fusion lies in the time afterward. Although your spine may be fixed and no longer at risk for collapsing or causing you intense, pain, you may suffer negative side effects , such as lack of neck mobility, decreased strength, and a permeating ache. The risks also include a rejection of the bone graft, additional spinal cord injury, nerve damage, or more. These risks are compounded by the fact that cervical fusion surgery can be performed through either the front of the neck or the back. Different incision sites can take much longer to heal and are open to more potential for infections and such.

Does the law firm settle spinal cord injuries?

Our law firm has successfully settled tens of millions of dollars on behalf of clients who have suffered back, neck, and spinal cord injuries. Below, you will find some of our most recent settlements on behalf of these clients. If you have suffered a back, neck, or spinal cord injury, feel free to contact our lawyers for a free no-cost case evaluation.

How Does Spinal Fusion Surgery Impacts Settlement Value?

As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiff’s injuries. Whenever a plaintiff’s injuries require surgery, their tort case is going to have a higher potential settlement value. This is very true in back injury cases involving spinal fusion surgery.

How does a back injury settlement increase?

The average settlement value of a back-injury claim will increase based on the level of treatment that the plaintiff underwent. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. There are two reasons for this. First, it entitles part of the damages that a plaintiff ...

Is Spinal Fusion Major Surgery?

Yes. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine.

Does Insurance Cover Spinal Fusion Surgery?

Yes. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance.

Why is spinal fusion important?

The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiff’s injury and pain & suffering claim. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously.

What are the most common injuries in the back?

The term “back injury” is an umbrella term that refers to any and all injuries involving the bones, discs, and nerves in the spinal cord. Some of the most common back injuries we see in personal injury cases include: 1 Whiplash: Whiplash is a type of neck injury that is often suffered in auto accidents, particularly rear-end auto accidents. Whiplash occurs when the sudden impact of a collision causes the neck to whip forward, injuring tissue in the cervical area of the spine. 2 Herniated Disc: Between each of the vertebrae bones in the spine are soft, doughnut-shaped discs that act as cushions. A herniated disc injury occurs when the outer casing of a spinal disc ruptures causing the soft, jelly-like tissue to push out of the disc. This can be very painful, especially when the protruding tissue compresses a nerve. 3 Fractured or Dislocated Vertebrae: fracture or dislocation of the spinal bones (vertebrae) is a very serious back injury. These types of back injuries usually occur in very high-impact accidents involving significant force. 4 Pinched Nerve: the spinal column is surrounded by many nerve attachments that connect various parts of the body to the brain. A pinched nerve results when a herniated or bulging spinal disc compresses or pinches down on a nerve root in the spine. This can cause severe pain and numbness.

Why is spinal fusion surgery higher than level 1?

There are two reasons for this. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. More treatment equals more damages. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment.

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