Louisiana, 2021: $4,316,378 Bench Verdict. If someone else caused your crash, you might be able to recover damages with a personal injury claim. 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. But, true structural permanent loss of lordosis is usually secondary to advanced degeneration , or structural changes to the bones . After suffering a cervical spine injury, you likely have dozens of questionsamong the first may be how to reclaim the damages youre owed. Plus, they can handle the claims or lawsuit process so that you can focus on healing. $1,200,000 settlement for aggravation of pre-existing neck injury, requiring surgery, after plaintiff rear-ended in an, what the person being sued (the defendant) would be willing to pay, and. If spinal misalignment elsewhere in your body is affecting your neck curvature, we may administer other adjustments as well. Median: $320,000. We are an out-of-network provider. Along with this injury came the new onset of symptoms of headaches, vertigo, vision problems, anxiety, blood pressure problems, and other neurologic and cardiovascular-like symptoms. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. 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. They in fact felt fine and had no symptoms, then as a year or two passed their symptoms became progressively worse. Main symptoms include neck pain or stiffness. A neck injury requiring spinal fusion or another surgical intervention will be "worth" more than a strained neck requiring a few weeks in a brace. When you are in a car accident hit from behind and whiplash is suspected, getting proper diagnostics is important. A brief explanation of mechanism of neck injuries, and injury types, in car accidents will help you understand your claim. Pain and suffering are non-economic damage that can significantly increase your accident settlement. The Insurance Information Institute reports the average claim for bodily injury after a collision was $20,235 in 2020, while the average property damage claim was $4,711. 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. Not to mention, additional doctors and surgeons may be required to care for you. Moral of the story the Best Law Firm may not be the Best Law Firm for YOU.. While no amount of money can erase the accident, it can help a victim resume a normal lifestyle as best as possible. 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. How Long Will It Take To Settle Your Personal Injury Case? Do NOT give the insurance adjuster any past medical documents or sign an authorization for them to collect these documents without speaking with a lawyer. So, the settlement amount for any one motor vehicle accident must be decided on a case-by-case basis. When this happens, you can feel pain, weakness, tingling and numbness in the neck, shoulders, arms, hands and fingers. How Long Is the Process for a Bulging Disc From Car Accident Settlement? Clearly, these people had asymptomatic neck issues which were now made symptomatic because of the whiplash. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. [Google Scholar] Mechanism of injury is the medical explanation of what happens structurally to your body during a traumatic event which caused your injury. You need to find that perfectly balanced bowl of porridge when hiring a law firm, one that aligns with your interests and potential case value. Philadelphia, Pa.: Elsevier; 2018. https://www.clinicalkey.com. Paralysis is forever. Loss of cervical lordosis can be accompanied by feelings of muscle tension and pain. These are hard fought damages insurance companies are notorious for refusing to pay full lost wage claims. Symptoms may not appear for weeks or months after the crash. At our center, we see many patients with chronic whiplash symptoms. For instance, an injury that requires minimal treatment and recovery time will average roughly $25,000. Rear-end vehicle accident settlement with cervical disc injury, $535,000 The victim sustained serious injuries to his neck and back, which required an anterior cervical discectomy, cervical fusion, and lumbar fusion surgery. This soft tissue damage can include mild to severe back pain. Uninsured & Underinsured Motorist Accidents, The National Spinal Cord Injury Statistical Center. Weak spinal muscles lose their efficiency in maintaining the alignment of the spine which can lead to a forward shift of the vertebrae. 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. But achieving a neck injury car accident settlement is not as cut-and-dry as you may think. Sample Spondylosis Car Accident Settlements and Verdicts. Neck disc injury cases that result in surgery average over $200,000. Getting a diagnosis is imperative for making sure that you get the treatment needed that can help you best. Sagittal alignment of the cervical spine: do we know enough for successful surgery?. Her orthopedic diagnosed her with a cervical (neck) disc herniation at C4-5. The average neck injury settlement where a surgery is involved, such as an ACDF or anterior cervical discectomy and fusion, is around $225,000. 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 . A spine injury from a car accident is an injury to the cervical, lumbar or thoracic spine. Keep reading for the most common back injuriesfrom car accidents. A tendon is a type of tissue that links muscle to bone. If you give up work permanently or even on a short-term basis, the money lost through unearned wages are recoverable. Early documentation of damage (especially if it includes a diagnosis) can increase the value of your back injury settlement. $537,000 settlement for a man who required cervical fusion surgery following a car accident. Let us help you win. In summary, loss of lordosis can and usually is associated with irritation of the muscles causing loss of the normal curvature. Building a strong attorney-client relationship with a knowledgeable attorney is essential to your case. Here are a few real-world examples of personal injury cases involving neck injuries. There is some controversy as to whether a straight spine or military neck cervical spinal alignment is the cause of a patients whiplash-associated problems following the injury. Can the straightening of the cervical spine lead to a worsening or delayed development of whiplash-related symptoms. Car accident neck injury amounts will be greatly affected by the steps you take in the period following your accident. Secondly, you have a complete reversal of the lordotic curve (x-ray on the right). Period. The cervical lordosis condition can occur to anyone of any age. The following three major injury types can occur to the neck and cervical spine following a car accident: Fracturing of the cervical vertebrae and damage/rupturing of the ligaments and soft tissue that link the vertebrae together. Two reasons why. A..R. Payne, M.D., S. Patel, O.P.E.R.A.S. It can also lead to referred pain in hand, vertigo and many other symptoms which we will discuss later on. According to clinical research and empirical evidence. If yes, contact a lawyer referral service. 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. Slowly turn your head from neutral position to the right and left side of your body and back to neutral position again. When the curve of the spine points toward the front, it's called a lordosis and toward the back, it's called a kyphosis. A fracture can heal in a few months. Spinal cord injuries range from cord pressure and bruising to partial or total paralysis. Rapid movements such as these can cause serious injury to the muscles, tendons, ligaments, joints and nerves in the cervical spine, where your neck is located. $9,500 trial verdict for neck injuries resulting from a minor rear-end accident. If you proceed with legal action immediately after sustaining cervical spine damage in a car accident, you likely wont have to worry about your statute of limitations expiring. As a result, issues with memory, sleeping, and balance can occur. Although this injury is not as common, it is visible in imaging such as x-rays, which will help relate the injury to the accident more easily which can help you in claiming whiplash after a car accident. If you want an above average settlement payout for a whiplash injury, you will need a lawyer who will treat your whiplash case like a 100k+ payout case. Can the straightening of the cervical spine lead to a worsening or delayed development of whiplash-related symptoms. To correct a loss of cervical lordosis, the underlying cause must be addressed. Neck injuries are one of the most common vehicle accident injuries, second only to bruises and contusions. Block. The story of Goldilocks and the three bears is analogous. Cervical Spondylosis. For example, medications can help with reducing pain and inflammation.. An exercise program focusing on cervical extensor muscle strengthening and restoring the balance of flexor and extensor muscles is recommended for patients with loss of cervical lordosis. In the illustration below we see the various measurements and landmarks that help doctors and patients understand their cervical spine instability. 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. More than 85% of people older than age 60 . What they do know is that they are getting a lot of injections and adjustments and nothing seems to be helping them. For this reason, theyre referred to as non-economic damages, since theyre not tied to a number. While our mission is to help as many people with chronic pain as we can, sadly, we cannot accept all cases. Loss of lordosis can begin in early childhood, however, whiplash from automobile accidents, stress, injuries from falls and sports injuries can cause this issue in adulthood. Chiropractic Therapy and Treatment. A ligament is a band of fibrous tissue that connects bone to bone at your joints. Military neck is an unusual curve in your cervical spine (this is your neck) called cervical kyphosis. Accessed Jan. 8, 2018. 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. Spondylolisthesis is the medical term for when a single vertebra slips out of place. They involve medical bills, lost earnings, pain and suffering, and more. Our lawyers have recovered $200,000+ settlements for these types of injuries, but it is a dogged fight. 2) Accidents on the cervical spine: when we talk about accidents to the cervical spine, our initial thought goes towards the classic car crash accident called "whiplash". Vehicle accident settlement with cervical disc injury, $30,000 We will discuss them each in turn. Rezai, M., Ct, P., Cassidy, J. D., & Carroll, L. (2009). Learn more about how the nature and extent of injuries affects claim value. Ferri FF. That is until something happens to them. In the image below are x-rays of a lordotic curve (correct neck curvature) and the gradual loss of lordosis to a straightening or military curve, an eventual reverse curve or Kyphotic curve, and eventual reverse of the reverse curve the S curve signifying cervical spine instability. Your personal injury settlement will be directly impacted by your injury type and the medical treatment necessary. The constant wave of emotions and fatigue is collectively referred to as pain and suffering. Go get the medical care that you need! The truck accident was so severe, the trunk of the victims vehicle was crushed, and his rear-view window was shattered. 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. 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. Since 2012, no other law firm attained more results exceeding $1 million in New York State than Block O'Toole & Murphy. Stapp Car Crash Journal,44, 171-188. They refer to the emotional and mental damages suffered from a car accident. This is to rule out that you do not have an acute injury (a serious injury), such as a neck fracture. 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. 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. Auto accident settlement with cervical disc injury, $375,000 Get tips on finding the right personal injury lawyer for you and your case. In an auto accident, this can cause you to have short-term and long-term pain. Plus, pain medications can cause drowsiness or dizziness, making returning to certain positions dangerous. Learn more about determining fault in a personal injury case. In comparison, another client of ours sustained a cervical strain that resulted in only 8 weeks of physical therapy. So, if a driver is partially at fault for their accident, coverage may be less than the claim amount. Rear end vehicle accident verdict with cervical soft tissue injury, $72,000 Similarly, if a plaintiff had a preexisting neck injury, her damages might be reduced since it might not be possible to tie the defendant's actions to all of the plaintiff's current pain and suffering. For example, a victim with serious injuries may experience a significantly decreased quality of life. We hope you found this article informative and it helped answer many of the questions you may have surrounding Whiplash associated disorders, Craniocervical Instability, upper cervical spine instability, cervical spine instability, or simply problems related to neck pain. These bones run from the base of your skull to the top of your shoulders. Pedestrian crosswalk accident settlement with cervical disc injury, $660,000 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. Car Accident Case With Spinal Injury Settled for $380,000. Paralysis involves permanent damage . Q. Soft tissue injuries themselves, as well as the above common back injuries, can create nerve damage, which furthers feelings of pain and discomfort. 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. During a car accident, the rapid forward-backward or side-to-side motion can cause these delicate tissues to stretch or tear. Of course, there are also stories from people who have a long history of neck problems and their car accident/whiplash injury turned occasional neck pain, dizziness, vertigo, and radiating pain into a daily event. They are inundated with average injury attorneys who will settle your case fast while leaving money on the table. These numbers are weighed down by the fact that the average accident involves a short, 3-6 week injury and minor collision. When you can file against multiple insurance policies, you have more of a chance of receiving full compensation for your damages. 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. This is evidenced by the multi-million examples above in which all victims required surgery. The spine has three main sections: cervical (neck), thoracic (middle and upper back), and lumbar (lower back). Car accident verdict with cervical soft tissue injury. Some symptoms can take up to weeks to manifest. This type of injury typically occurs at the base of the spine, but much like a compression fracture, can happen anywhere in the back. Filing an injury claimallows you to sue the responsible party and/or their insurance company to recoup your damages. Not to mention, a spinal cord injury can make lifting, reaching, bending, or twisting impossible. It is in your interest to have an attorney on your side in this situation. A strong attorney-client relationship can help you properly price lost wages and determine your accidents impact on future income, so you can receive the compensation you deserve. The UPS truck driver entered the opposite lane to pass the victims vehicle but was met with oncoming traffic. He required spinal fusion surgery in two places and had to begin weekly treatments of chiropractic therapy, physical therapy, and acupuncture. 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 (). During an auto accident, the rapid back-and-forth motion causes the neck to rush forward and then snap back, stretching or tearing the sensitive soft tissue. This disruption can make it difficult to move your head, and it can lead to neurological difficulty. In some states, the information on this website may be considered a lawyer referral service. . Damage to soft tissue goes by two names: sprains and strains. Compression fractures can cause chronic pain that worsens with movement over time. In my experience, the average workers compensation settlement amount for a neck injury that contributes to (worsens, flares up, aggravates, exacerbates, etc.) The answer is also yes. The severity of the injury refers to the extent of the injury itself as well as the healing time. 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. No fee unless we win. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. Yes. The spinal muscles support the spine and keep the spine in place. 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. Your body has 23 spinal discs, and each holds an important purpose. The other major factor in valuing a case is the likelihood a defendant will be found liable at trial. Upon impact, your head may jerk backwards and forwards, to the side or even be struck by flying debris. 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. Whiplash symptoms can appear days or weeks after the accident occurred. 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. If after that, you are symptom free, then you know the full picture of your injuries and what you are negotiating for. Herniated cervical discs at C3-4, C4-5, C5-6 and C6-7 with positive compression and cervical radiculopathy. $250,000 settlement for aggravation of a pre-existing neck injury in a car accident. Intervertebral disc disorder with myelopathy; Myelopathy; Myelopathy due to another disorder; Myelopathy secondary; Spinal cord disease Tearing, sprains, or strains to the ligaments, muscles and tendons in the neck following a car accident are described as soft tissue damage. Your head tends to rush forward on impact, which can severely damage the fragile structures there. Violent collisions may damage one or more spinal discs, causing a bulge or disc herniation. The C3, C4, and C5 vertebrae form the midsection of the cervical spine, near the base of the neck. If youre pleased with the settlement offer, thetimeline is expedited, and a check can be released to your attorney. Immediately after an accident, the symptoms of whiplash may not be apparent. Muscle irritations can be caused by disk herniations , muscle sprains, and fractures. Approximate Synonyms. Upper or lower back pain. The bones that make up your spine are called vertebrae, and these bones are separated by jelly-like cushions called intervertebral discs. Physical therapy and chiropractic treatment are the most common first stage treatments for whiplash injuries. If it is related to posture and/or obesity, lifestyle issues might also need to be addressed. 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. Attorney. Vehicle accident settlement with cervical fracture injury, $350,000 srini devadas linkedin Rear end bus accident settlement with cervical disc injury, $2,760,000 Clin. Car accident settlement with cervical soft tissue injury, $23,500 Muscle Weakness. Some whiplash injuries even occur when a car is traveling at speeds as low as 5mph. The association between prevalent neck pain and health-related quality of life: a cross-sectional analysis. When extreme force is put on an unhealthy cervical curve during an auto . The man was a passenger traveling in a company-owned truck when the at-fault motorist ran a stop sign and collided with the trucks passenger side. Not every neck injury case is black and white, and the at-fault driver could blame you for the accident. Individuals with permanent injury may have to undergo cervical fusion surgery or an alternative type of spinal surgery to repair the damage. Numbness, weakness, or sensory symptoms in the hands, arms, or legs. Can the straightening of the cervical spine lead to a worsening or delayed development of whiplash-related symptoms. absence of cervical lordosis . To find out what you might be able to claim for your neck injury, schedule a free consultation with one of our lawyers via email or the contact form below. Such symptoms are referred to as whiplash associated disorders, or WAD. Because every case and every jury is different, even the best analysis will still only predict pain and suffering damages within a broad range. Tournier, C., Hours, M., Charnay, P., Chossegros, L., & Tardy, H. (2016). 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. 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. Also referred to as whiplash-associated disorder (WAD), its actually a type of sprain caused by a tear in the necks delicate ligaments. He suffered C4-5 and C5-6 protrusions and spondylosis. 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. 1.Loss of cervical lordosis from a car accident - Caring Medical; 2.LOSS OF CERVICAL LORDOSIS FOLLOWING TRAUMA. The cervical spine is your neck, from the base of your skull to your shoulder blades. $537,000 settlement for a man who required cervical fusion surgery following a car accident. The best way to know if your injury is serious is to contact a medical professional and get the proper testing. degenerative disc disease of the cervical spine is from $55,000.00 to $300,000.00 or more if spinal fusion is needed and results in complications. Bear in mind, theaverage settlement amountfor minor neck and back injuries are generally much smaller, such as $10,000 to $100,000. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. what the plaintiff would be willing to accept to settle the case before trial. Your neck is left virtually unprotected during a car accident. The significance of changes to the normal cervical lordosis following an automobile trauma has been the subject of a number of studies. an iatrogenic disorder. C3, C4, and C5 spinal cord injuries can be life-threatening and permanently alter ones lifestyle. Lumbar spinal injuries from car accidents can be serious, and the lifetime costs of any spinal cord injury can be extensive for victims. Not only does the impact of a collision affect the neck, but the anticipation of impact often causes the individual to tense their neck muscles, meaning that theyll have more potential for injury than if their muscles were relaxed. 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. This can cause the neck and shoulder muscles to feel tight and sore. Causing significant pain and having the potential to injure your spinal cord leading to paralysis, a neck fracture is an extremely serious injury that requires immediate medical attention. February 9, 2023. Work with a lawyer to ensure you have rock solid documentation supporting your lost wage claim. These delicate bones influence your center of gravity, mobility, and more. More severe cases, such as herniated disk, bone spurs or pinched nerves, are . Do Not Sell or Share My Personal Information, how the nature and extent of injuries affects claim value, how the "right" medical treatment increases injury settlement value, determining fault in a personal injury case, finding the right personal injury lawyer for you and your case, Tips for Getting the Best Personal Injury Settlement. The insurance company will scrutinize your past medical records to try and bring forth the argument that you had a pre-existing condition. 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. A doctor will diagnose your neck injury and can help prevent potential chronic pain and long-term complications from ruining your life. A sprain is a soft tissue injury caused by a tear in the ligaments. Medical bills and future medical expenses, including home care, Surgeries, such as discectomies, fusions, and laminectomies, Steroid and/or pain injections to reduce pain and swelling. . The British journal of radiology. Improper posture and muscular spasm are two important causes for loss of cervical curvature. Car accident settlement with cervical disc injury, $100,000 From heightened emotions to feeling generally overwhelmed, car accident victims can experience high levels of stress, anxiety, depression, and even PTSD. Take the Quiz! The lumbar spine is your lower back, from the bottom of your ribs to your hips. This occurs when the body accelerates quickly forward, causing the head to accelerate via the neck. The insurance companies will have their attorneys and you should not be alone in this fight. 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. Neck Pain at times is also caused by a fall or injury to the neck. Learn more about how the "right" medical treatment increases injury settlement value. 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. If your medical records show no prior complaints of neck pain prior to the accident, it could increase the value of your injury case. Spondylolisthesis is caused by spondylosis, or when a fracture in the vertebra forces the bone to move forward, backward, or over another bone. Rear end car accident settlement with cervical disc injury, $268,000
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