what the plaintiff would be willing to accept to settle the case before trial. Car accident neck injury amounts will be greatly affected by the steps you take in the period following your accident. Thus, how much settlement you can get for your neck injury depends on who is fighting in your corner. If you have military neck, also called . pattismith said: There is a significant relationship between cervical muscle imbalance, including extensor muscle weakness, and loss of cervical lordosis. 2020 Aug 1;20(8):1229-38. In the state of Arizona, you need to file an insurance claim with the at-fault drivers insurance company to seek compensation for your damages. Kinematics of human cadaver cervical spine during low speed rear-end impacts. Filing an injury claimallows you to sue the responsible party and/or their insurance company to recoup your damages. That is until something happens to them. Lordotic curvatures are open towards the posterior of . Likewise, auto insurance companies like to blame injured parties byciting comparative fault laws, which can slash your settlement amount. These are all factors that are part of the mechanism of your neck injury and understanding them better will be a part of how to make a stronger claim for whiplash after a car accident. If the jury verdict finds the other driver at-fault, the driver or their insurance company must release a check to your attorney which will then be dispersed to you. A loss of normal neck curve or lordosis (hypolordosis) was observed in only 4% the normal/non-injured patients. The lawyer has to fight for your case, file a lawsuit, go through depositions, and treat your case like a big case. Lastly, consider the 39-year-old customer service technician who received a $2,400,000 settlement from his accident with a commercial truck. Normally your neck has a slight backward C bend. In summary, loss of lordosis can and usually is associated with irritation of the muscles causing loss of the normal curvature. The process of deterioration makes it nearly impossible for spondylosis to be linked to trauma that is directly caused by car accidents. Some symptoms can take up to weeks to manifest. Turn your neck to each position as far as possible without . A violent car accident can traumatize the sensitive components of your spine, which can lead to spinal injuries or debilitating back pain. Clearly, these people had asymptomatic neck issues which were now made symptomatic because of the whiplash. Your totalwhiplash personal injury settlementtypically relies on the severity of the 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. Estimating the potential recovery with any degree of accuracy is quite difficult for one main reason: at trial, it will most likely be a jury that ultimately decides just how much money the defendant must pay the injured plaintiff. Learn more about how the "right" medical treatment increases injury settlement value. Not to mention, additional doctors and surgeons may be required to care for you. When there is a loss of lumbar lordosis, the lower spine's natural inward curvature has become straighter, making that section of the spine flatter than it should be. There is no right or wrong answer, only a right or wrong answer for you and where you are in your life. 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? Sagittal alignment of the cervical spine: do we know enough for successful surgery?. In comparison, another client of ours sustained a cervical strain that resulted in only 8 weeks of physical therapy. In turn, this factor increases its overall settlement amount. The spine has three main sections: cervical (neck), thoracic (middle and upper back), and lumbar (lower back). In more severe cases, whiplash can cause chronic headaches, dizziness, and vertigo. Uninsured & Underinsured Motorist Accidents, The National Spinal Cord Injury Statistical Center. The Spine Journal. Can the straightening of the cervical spine lead to a worsening or delayed development of whiplash-related symptoms. MVA's especially rear-enders cause serious injuries to the body's soft tissues (MUSCLES, LIGAMENTS, TENDONS, and most particularly, FASCIA - especially in the SCM), and can defy most treatment approaches (). Frontera WR, et al . Car accident verdict with cervical soft tissue injury. Seek a free case evaluation today to learn how much your neck injury settlement amount may be worth. These are hard fought damages insurance companies are notorious for refusing to pay full lost wage claims. There are two types of damages in mostcar accident cases: special and general. If you have pain in your neck, you should go to the emergency room or an urgent care as soon as you can. Not surprisingly, a lot of these outcomes stem from car accident injury cases: "Valuing" a personal injury case in this context often means coming up with a best guess at what a jury might award the person who is suing for a neck injury (the plaintiff), and then estimating: Regardless of which side is doing the calculating, the two big factors in valuing these kinds of cases are the extent of the plaintiff's injuries and other losses ("damages" in legalese) and how likely the jury is to find the defendant at fault for the accident that led to the neck injury. As we see at our center and as noted in many research papers including this paper published in March 2020 in the Journal of Spine Surgery, (2) from which we will quote: The cervical spine takes one of five distinct sagittal (the line that separates the body in left and right parts or considered the side view) profileslordosis, neutral, kyphosis, S-shaped, and inverted S-shaped. The victim sustained serious injuries to his neck and back, which required an anterior cervical discectomy, cervical fusion, and lumbar fusion surgery. For example, if the plaintiff is an avid violin player, but can no longer hold the instrument properly because of the neck injury, his damages based on "loss of quality of life" will likely be higher in the eyes of a jury. More than 85% of people older than age 60 . The insurance company will scrutinize your past medical records to try and bring forth the argument that you had a pre-existing condition. What is the average settlement payout for a whiplash injury? However, the association between these variables and pain conditions remains poorly understood. What these researchers did then was to examine all these factors to see if they could figure out what type of problems the curvature of the cervical spine could create in whiplash victims. In the 1950 and 1960s, loss of the cervical lordotic curve was thought to be attributable to muscle spasm. For example, medications can help with reducing pain and inflammation.. Do NOT use this as the average value of YOUR case. . Go get the medical care that you need! They usually have taken a long medical journey bouncing from one clinician to another looking for answers to problems that seemingly evade all treatments. 38 CFR 4.16 b ( "Extraschedular") - This form of TDIU is for . Individuals with permanent injury may have to undergo cervical fusion surgery or an alternative type of spinal surgery to repair the damage. Its key to work alongside a car accident lawyer to determine how your neck injury affects your lifetime income. In the illustration below we see the various measurements and landmarks that help doctors and patients understand their cervical spine instability. That is until something happens to them. Treatments discussed on this site may or may not work for your specific condition. Because every case and every jury is different, even the best analysis will still only predict pain and suffering damages within a broad range. Deng, B., Begeman, P. C., Yang, K. H., Tashman, S., & King, A. I. Several radiological cervical angular variables (the change of the angle of the cervical spine as in lesser angle degree manifest as straightening or loss of lordosis) are suggested to have constitutional (impacting the neck and the whole body) characteristics, that is, them being minimally influenced by body positioning (the neck curvature has become its own world, the movements of the body no longer impact a neck with significant curve problems). Would you rather have $30,000 today or $55,000 in 2 years? February 9, 2023. Copyright 2023 attorney advertisement by Injury Advocates Group and licensed, practicing attorney Ray Benyamin, Esquire. Get tips on finding the right personal injury lawyer for you and your case. For example, if the liable drivers insurance policy limit is not adequate, your lawyer may consider tapping your own policys Personal Injury Protection (PIP) or uninsured/underinsured coverage before filing a lawsuit. As its name suggests, post-traumatic kyphosis is a condition that results from serious injury, such as a fall from a height, a motor vehicle accident, a horseback riding accident, or even a bounce off a wave while boating. If a spinal injury or trauma has damaged the spine and caused the loss of cervical lordosis, the injury must be addressed proactively to improve the spine's health . If youve experienced a neck injury from a car, truck, ormotorcycle accident, err on the side of caution and contact a reputable car accident lawyer in your area. Rear-end vehicle accident settlement with cervical disc injury, $535,000 A brief explanation of mechanism of neck injuries, and injury types, in car accidents will help you understand your claim. There are too many unique factors in any given personal injury case to predict the value of a neck injury claim, but there are commonalities to consider, and lessons to learn from past cases. Upper or lower back pain. When you are in a car accident hit from behind and whiplash is suspected, getting proper diagnostics is important. However, a person with pre-existing spondylosis has a much greater risk of intensifying the illness or causing other types of back problems to occur. As you are reading this article, you likely have a problem with your cervical spine brought on by a whiplash-type injury. If, on the other hand, your neck injury is a whiplash, soft tissue, or muscle sprain or strain injury, you have a problem. C2-3 or C3-4 pseudosubluxation < 4mm. Spinal cord injuries range from cord pressure and bruising to partial or total paralysis. So, if a driver is partially at fault for their accident, coverage may be less than the claim amount. Rear end car accident verdict with cervical disc injury, $1,850,000 Whiplash symptoms can appear days or weeks after the accident occurred. Keep in mind that the average whiplash neck injury settlement amounts will include $2,000 whiplash car accident settlements and $200,000 whiplash auto accident settlements. Special damages are expenses that are capable of exact calculation. 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. 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. Rear end car accident settlement with cervical disc injury, $268,000 Verdict/Settlement Amount. A herniated disc occurswhen the gel-like center of the intervertebral disc leaks into the spinal canal. Her orthopedic diagnosed her with a cervical (neck) disc herniation at C4-5. (2000). If spinal misalignment elsewhere in your body is affecting your neck curvature, we may administer other adjustments as well. 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. Unfortunately, many of our "normal" daily tasks may also decrease the cervical lordosis, like viewing low lying computer screens (below eye level), sleeping with two . The second reason the all in approach often is not an option is it takes a lot of time. But it still has value in an auto accident lawsuit. While the settlement amounts above may seem promising, thats not to say theres a fixed settlement sum for neck injuries sustained during a car accident. Intervertebral disc disorder with myelopathy; Myelopathy; Myelopathy due to another disorder; Myelopathy secondary; Spinal cord disease More severe cases, such as herniated disk, bone spurs or pinched nerves, are . Your body has 23 spinal discs, and each holds an important purpose. Depending upon the severity of the neck injury, the overall cost of medical and chiropractic treatment can be hundreds of thousands of dollars. A neck injury caused by hyperextension tends to cause damage predominantly to the soft tissues in your neck. In general, the more severe and long-lasting the injury, the higher the compensation in a personal injury insurance settlement or jury verdict. $3,500,000 Minor Cervical Spine Neck Injury Settlement Amounts. Did you know more than800,000 car accidentsinvolving neck injuries are reported annually in the U.S. alone? If youre pleased with the settlement offer, thetimeline is expedited, and a check can be released to your attorney. The victim sustained serious injuries to his neck and lower back, including herniated discs. We have a multi-step process so our team can really get to know you and your case to ensure that it sounds like you are a good fit for the unique testing and treatments that we offer here. You need to be careful with neck injuries that do not seem serious. 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. These fractures typically occur when the upper part of the body is thrown forward while a seat belt restricts the lower half. Rear end bus accident settlement with cervical disc injury, $2,760,000 The largest amount found was a $1,5 million arbitration award paid to a mentally disabled victim after an accident involving a special transportation bus. You may not want to wait 2-3 years to get your money. Neck disc injury cases that result in surgery average over $200,000. Learn more about determining fault in a personal injury case. What they found was the existence of an association between the constitutional sagittal alignment of the cervical spine and the outcome after whiplash injuries. In other words, the curvature of the cervical spine is a factor in if patients would recover from a whiplash injury. For this reason, theyre referred to as non-economic damages, since theyre not tied to a number. This isn't my case. I am wondering if maybe you meant a loss of cervical lordosis. For instance, an injury that requires minimal treatment and recovery time will average roughly $25,000. Tell your doctors, physical therapists, and chiropractors everything you are suffering through so they can document it for your case. The thoracic spine is your mid-back, from your shoulder blades to the bottom of your ribs. Car accident verdict with cervical soft tissue injury, $23,000 Paralysis involves permanent damage . $300,000 verdict for a woman in a car accident who sustained disc herniations, required surgery and experienced a 60% loss of range of motion in her neck. 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. The settlement was the result of a personal injury lawsuit that was filed after the client was in a low-impact, rear-end, car accident. This field is for validation purposes and should be left unchanged. Work with a lawyer to ensure you have rock solid documentation supporting your lost wage claim. Compression fractures generally occur in the thoracic (mid-back) or lumbar spine (lower back). From heightened emotions to feeling generally overwhelmed, car accident victims can experience high levels of stress, anxiety, depression, and even PTSD. The victim suffered disc bulges in two spots in his lower back and disc protrusions at three spots in his neck. Yes. The insurance companies will have their attorneys and you should not be alone in this fight. A minor sprain can heal within a few weeks. The association between prevalent neck pain and health-related quality of life: a cross-sectional analysis. In: Ferri's Clinical Advisor 2018. This is because of the unique nature of each accident, injury, and individual. . $1,200,000 Settlement for Auto Accident Victim With Neck Injuries. The answer is also yes. Also referred to as whiplash-associated disorder (WAD), its actually a type of sprain caused by a tear in the necks delicate ligaments. When should I involve a Prolotherapist in my care? The truck operator rear-ended the victims car in stop-and-go traffic, causing devastating neck injuries. A spine injury from a car accident is an injury to the cervical, lumbar or thoracic spine. If the insurance company rejects your claim or offers a counterclaim, your attorney will negotiate with the insurance adjuster to obtain a fair settlement offer. Q. Severe, chronic headaches. When this happens, it interrupts the communication between your brain and the rest of your body. A statute of limitations is a time limit placed by courts that determines how long a victim has to filea civil lawsuitor take action against the individual who harmed them. Damage to the spinal cord is one of the more serious injuries you could sustain in a car accident. Call our Washington auto accident lawyer at 425-399-7000 today for . Yes, whiplash can be a serious injury that can cause you to have lifelong chronic pain that will require medical treatment and possibly physical therapy. The more identifiable symptoms are in your medical records, the more ammunition your lawyer will have to argue for a larger settlement. Firstly, you have the loss of cervical lordosis. Yes. We will discuss them each in turn. Can the straightening of the cervical spine lead to a worsening or delayed development of whiplash-related symptoms. 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. When traveling in a car, your body may be held firmly in place by a seat belt, but your head and neck are unrestrained and remain so up until the point of impact. To correct a loss of cervical lordosis, the underlying cause must be addressed. Generally, whiplash creates localized neck and shoulder pain, as well as a limited range of motion in the cervical spine. This can cause the neck and shoulder muscles to feel tight and sore. 2016 May;89(1061):20150996. If the injured accident victim has to seek physical therapy, injections, or other procedures to treat the soft tissue . A doctor will diagnose your neck injury and can help prevent potential chronic pain and long-term complications from ruining your life. How Long Will It Take To Settle Your Personal Injury Case? It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Pain. Whether or not lordosis should be the expected finding in the cervical spine is still under question. Compression fractures can cause chronic pain that worsens with movement over time. Despite his efforts, his range of motion was severely impacted, and he was unable to return to his career as a landscaper. Ringing in the ears that is constant or comes and goes. Not to mention, your goal is likely to maximize your potential compensation. This disruption can make it difficult to move your head, and it can lead to neurological difficulty. Paralysis is forever. Some of these variables, like property damage, are not genuine and are the subject of disingenuous lowball offers. Nothing on this website is, or should be taken as, legal advice. 3% (74/2176) 2. Prior results do not guarantee similar outcomes. This rapid motion causes the vertebrae to pull apart, fracturing the delicate bones. Generally speaking, the answer to this question depends on your injury severity and the treatment you get after your injury. $9,500 trial verdict for neck injuries resulting from a minor rear-end accident. While this is not life threatening, it can lead to long term disability and can be included in your settlement demand. Just like you, we want to make sure you are a good fit for our clinic prior to accepting your case. If the at-fault driver was working when the accident occurred, such as in the UPS example above, you might be able to file a claim against their employer as well. Continued. Our auto accident practice includes service in the follow areas: Serving all of Los Angeles, including Arcadia, Beverly Hills, Claremont, Canoga Park, Chino, Chino Hills, Covina, Diamond Bar, Downey, East Pasadena, El Monte, Encino, Highland Park, Inglewood, La Verne, Long Beach, Malibu, Montebello, Monterey Park, North Hollywood, Northridge, Pasadena, Pomona, Rancho Cucamonga, Reseda, Rosemead, San Gabriel, San Dimas, Santa Monica, Sherman Oaks, South Bay, South LA, South Pasadena, Sunland, Tarzana, Thousand Oaks, Torrance, Van Nuys, Venice, West Covina, West Hollywood, and Westlake Village. A 30 lbs (13.6kg) 3-year-old boy should ride in a booster seat in the rear center seat . Anyone suspected of having such an injury should remain as immobile as possible until medical assistance arrives. The man also suffered a mild traumatic brain injury. How Long Is the Process for a Bulging Disc From Car Accident Settlement? The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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