traumatic scoliosis car accident settlement

Scoliosis can affect your spine and you should consult your doctor if you are concerned. Our focus is on maximizing our client's settlement compensation or jury payout. When the tissues around and within the cord become deteriorate over time as a result of spinal injury, the condition is known as progressive degeneration. The most common cause of a spinal injury is a fall, but they can also be caused by car accidents, sports injuries, and violence. Other back injuries, such as pinched nerves, ruptured disks, or spinal stenosis are not as debilitating but still result in pain, weakness, and numbness. Seat belt restraints, though still overwhelmingly beneficial, allow the neck to bend forcefully to the front, side, or back while restraining the rest of the body. The settlement amount for a back surgery car accident case will almost always be higher than a case without surgery. While $1 million (for example) might seem like an amazing offer, the long-term costs of care for someone with a TBI can be massive and settling for $1 million when your case is actually worth $5 million or more would be a very bad deal for you and your loved ones. If you have never had signs of scoliosis prior to. Most classic lumbar disc injuries from motor vehicle accidents will improve in 90% of patients without surgery with conservative treatment or steroids. Depending on the type of injury and where it occurred along the spine, it can be difficult to recover movement. I. Call us to discuss your case at 800-553-8082 or get a free online consultation. Ever since this accident happened, About 3 years ago we went through a rigorous legal battle with my fiancs father and sister. A good car accident settlement offer is one that fully covers your medical expenses, property damage, and time off from work. swelling can cause a blood clot to form and lead to stroke. You do not have to have an attorney and can negotiate with the insurance company on your own. My parked truck was hit by texting driver. He was not injured. But while most people with TBIs who file a brain injury claim do settle out of court, that doesnt mean you should take the first (or even second or third) offer the insurance company puts in front of you. The spine curves to the side when it is stiff, or scoliosis. Emotional traumas, such as abuse or neglect, can also lead to the development of scoliosis. Scoliosis can cause a persons balance to become unstable, resulting in falls. My daughter and I were accosted in a mall parking lot December 23rd. The spine itself tends to shift when it is rotated. However, some back injuries can be objectively diagnosed with x-rays or MRI. Webcisco 2960x end-of-life (518)522-5668; vergnano maraschino liqueur Email Us; 917 RIVER ROAD, SCHENECTADY, NY 12306 Traumatic scoliosis is often caused by an auto accident.. How to determine settlement compensation payouts for back injuries and how lawyers maximize settlements. Can I sue for emotional distress? You are in a precarious position. 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. As a result, the insurance company may not agree to cover all of your damages. This is especially true of ones involving a damaged nerve. The Martindale-Nolo survey revealed the average compensation for car accident victims who were not injured was $16,700 while the average award for injured crash victims was $29,700. The other driver claimed at the scene that he didnt see us and that he was looking down at his phone. And that means special care needs to be taken before agreeing to any settlement. For example, a driver who was 75% responsible for a crash could still pursue a claim against the other motorist and could receive compensation for 25% of total losses. whether there are pre-existing back injuries. It is generic information for informal purposes only. Some Claims Worth 100s. Surgical Site Infection in Spine Surgery: Who Is at Risk? if (scrollToPosition < 0) { scrollToPosition = 0 } // make sure it is not negative Scoliosis is not caused by weak muscles in general, according to Dr. Devito. He regularly teaches other lawyers about traumatic brain injury litigation and has been a featured presenter at both national and statewide legal education programs. 2023 Brain Injury Association of America. An attorney can help when your case has factors the insurance company will use against you, such as: You dont have to settle for less. In most cases, the spinal cord is intact but peripheral damage causes pain and loss of function. Severe spinal cord injuries in the neck happen in frontal accidents after the seat belt stops the forward motion of the torso but the head continues to move forward. Scoliosis is caused when someone is seriously injured in a car accident and is unable to walk properly. However, this is not always in your best interest. This is exactly what happened to Jerry, our client in the $16 million case above. Jurors often understand that having to put a needle (we show jurors the needle) in your back is a strong indicator of real suffering. Approval takes < 24 hours with no credit checks and no obligation you only pay it back if you win your claim. If you have never had signs of scoliosis prior to an accident and develop the afterwards, your condition was most likely caused by the accident itself. However, if complications arise, you could face a lifetime of lost income and medical expenses. However, how a back injury settlement is calculated depends largely on the type of injury sustained. Car accident settlements are intended to cover the losses a crash victim experienced. Typical car accident settlement amounts are based on: The coverage of insurance available and a determination of who is at fault will also affect the average car accident settlement. Scoliosis can be caused by a variety of factors, so make an appointment with your doctor if you are concerned. Complications of incomplete tetraplegia account for more than 65% of spinal cord injuries. Average settlement for a back injury in a car accident. Our client's primary injuries were herniated discs in his lower back. Scoliosis is a rare condition caused by severe injuries sustained in car accidents. A spinal cord injury survivor is usually alive after the first 24 hours. Suing negligent cemetery for emotional distress? WebDamages are unique to every accident and to every person involved in the accident. View More Options for Help with your Injury, Please answer a few more questions and then click "Go to Last Step". In most cases, the insurance companys first offer will be less than what your case is worth, and less than what the insurer is ultimately willing to pay. In rear-end accidents, the struck car accelerates forward, pushing the occupants torso into the seatback. Injury: Traumatic brain injury, PTSD and lumbar strain. But persuading the adjusterwill take more than a list of symptoms. Pain, numbness, and weakness that radiate from the pinched nerve to connected parts of the body is called radiculopathy. If the victim accepts the settlement, the case is resolved. It is NOT formal legal advice. jQuery(window).load(function() { Muscle strain in the neck and spine can cause severe pain if not treated. The cervical spine, or the neck, is the most commonly injured region of the spine in car crashes. Save my name, email, and website in this browser for the next time I comment. SUVs roll over about twice as often as other cars, and are more likely to be associated with spinal cord injuries even when they dont roll. I was in a car accident that caused my scoliosis to worsen and I was looking for a settlement. Our attorneys provide these as a resource to help you understand what cases look like and what they are typically worth. Motorcycle accidents that result in spinal injuries are fatal about 10% of the time. Additionally, when a vehicle rolls during a crash, the likelihood of spinal cord injuries increases. Performance information may have changed since the time of publication. 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. Always get a personalized case review from a local attorney. abnormally shaped vertebrae (Scheumanns kyphosis) if the vertebrae do not develop properly, they can become out of alignment. SUVs are more top-heavy, making it easier for them to flip over. Scoliosis is not a disease that can be treated, but treatments can help to reduce the severity of the curve and improve life quality for those with it. There are several treatment options available to treat the condition, including surgery, physical therapy, and medication. We are currently in the process of moving house. Unfortunately, the insurance companys priority is figuring out the lowest possible offer youll takenot making sure the offer is enough to meet your long-term needs. A spinal curve of this type can cause chest space to narrow, making breathing difficult. It is recognized that food, chemicals, and vitamins play an important role in the health of the body. Side-impact accidents typically cause more damage to those vehicle occupants sitting on the side of impact. The curve can be described by using the letters C and S. The angle of the curve can be as small as a quarter of a mile or as large as a half a mile. To get a settlement like this in a back injury case, the victim must have a permanent injury and there must be plenty of insurance to cover the harms and losses the plaintiff endured. The majority of people who have been involved in a car accident report back pain as a result of acute injuries such as whiplash or a spinal injury. You know your emotional harm is real, but its still necessary to gather evidence in support of your claim. Associated Complications and Injuries: Secondary complications associated specifically with injuries to the spinal cord include respiratory, cardiovascular, urinary, and bowel complications, as well as muscle problems, pain, pressure ulcers, sexual and fertility difficulties, osteoporosis, bone fractures, and depression. Scoliosis can still be avoided if you maintain good posture. The risks of surgery include infection, thrombophlebitis, spinal fluid leak, and death in rare cases. Unfortunately, the reckless driver had a minimal insurance policy, covering only $50,000 worth of medical bills, lost income, and other damages. Scoliosis can cause issues with balancing if you have trouble closing your eyes or balancing on an unstable surface. In modified comparative negligence states, a driver can pursue a claim for compensation as long as he is not 50% or 51% responsible for the crash. In contrast to rear- and frontal-impact accidents, in which the body primarily moves forward or backward, side-impact accidents cause the body to move sideways. If youve been disfigured or disabled by a personal injury caused by someone else, it might be worth it to file a personal injury lawsuit if the adjuster is unwilling to pay a fair amount of compensation for your emotional distress. Pinched Nerve/Radiculopathy: The spinal column is tightly packed, and issues can easily arise when things are out of place. 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. Scoliosis is the curvature of the spinal cord and it can be exacerbated by a car accident. I am so grateful that I was lucky to pick Miller & Zois. Traumatic brain injuries can have many causes, but car accidents are one of the most common. At your free consultation, your lawyer can advise you on whether you have a case, whether the settlement youre being offered is fair, or whether it might be in your best interest to seek higher compensation through legal action. Its easy to underestimate your future medical and care needsespecially if you are in the early stages of your recovery. Falls can also cause fractures in the spine. You must provide evidence and clearly explain how those symptoms affected you. Scoliosis is an incurable and progressive condition, so there is no way to correct it with exercise. My truck was parked at my place of employment when a lady hit my truck. Rickie Huitt didnt have cancer. Welcome to Brandon Orthopedics! Auto Accident, Personal & Workplace Injury, Medical Malpractice, Slip & Fall, Wrongful Death. Scoliosis is not an immediate injury, but it could be exacerbated by a spinal injury from a car accident. This type of scoliosis is also known as traumatic scoliosis when the curve of the spine is negatively impacted by a traumatic event like a car accident. Trauma to the spine can affect the vertebrae and their proper alignment. If you want to opt out of receiving email communications at any time, click on the unsubscribe link in the email. We'd love to hear from you, please enter your comments. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Scoliosis and other spinal injuries can be caused by a car accident, so it is critical to understand the symptoms. The more reliable evidence you have, the better your chances of a higher settlement. You wont get far trying to sue for embarrassment after a slip and fall that did not cause any physical injuries. business analyst vs it business analyst 4604 49th St N, Suite 5006 St. Petersburg, FL 33709. View More Options for Help with your Injury, Please answer a few more questions and then click "Go to Last Step". When you sit, play, or study, you do not cause a permanent curve in your spine.. By submitting, you agree to the Terms & Conditions. A car accident, on the other hand, can exacerbate the symptoms of scoliosis that has previously been present. Scoliosis can be managed in most cases to allow the patient to live a normal life and participate in the majority of activities. Even with todays advanced medical technology, the best method doctors have for measuring a patients pain is to ask, On a scale of 1 to 10, how would you rate your pain?. It is generic information for informal purposes only. Crash victims should ask potential attorneys for their car accident settlement examples so they can understand how the attorney has performed for past clients. Amount: $348,140 ($317,000.00 plus MSA of $31,140.00) Claimant was involved in car accident and sustained a serious traumatic brain injury that caused cognitive impairment as well as emotional impairment. If youve been injured in an accident, you may qualify for a settlement. Please try again later. Its amazing how fast an adjuster can get authority for a higher settlement amount once a lawsuit is filed. If you are currently represented by an attorney, you should strictly abide by his/her counsel. Individuals with schizophrenia benefit from the assistance and information provided by support groups. The settlement payouts in these claims will depend on: The victim's credibility is critical in a personal injury case. Our current research focuses on the advancement of our understanding of four fundamental principles of spinal cord repair. In most cases, the precise cause of scoliosis is unknown. The center of the spinal cord, which is most severely damaged in this scenario, controls the arms. In addition, I had to pay the entire months rent and expenses by. Living with Brain Injury. Before looking for car accident settlement examples, its important to understand exactly what settlement means. In some states, called contributory negligence states, if a driver is even 1% at fault for a collision, he cannot collect any compensation from the other motorist who was mostly to blame. This compensation comes from two main sources. So far so good! Damages are unique to every accident and to every person involved in the accident. }else{ } Tears and herniation of intervertebral discs in the neck are common, especially in the C5/C6 vertebrae. The cord bleeds, swells, and bruises. In pure comparative negligence states, on the other hand, a driver is allowed to collect compensation from another motorist for injuries even if the driver was mostly at fault. The x-ray reveals an abnormal sideways curvature of the spine measuring at least 10 degrees. If you cant move a person with a spinal cord injury, call an ambulance. The insurer who represents the person who caused the crash will generally make a settlement offer to collision victims. Comparative, or contributory negligence, can also help determine the amount of your spinal fusion surgery settlement. Past performance is not indicative of future results. In other words, while negotiating a TBI settlement is important, its also very risky. We may use your email address and website usage information to assist you in determining which information is most relevant to you. WebYes. Suing ex-roommate for breach of contract and emotional distress? First, it is important to understand what scoliosis is and how it is caused. As a general rule, herniated disc injury cases are usually get higher settlement amounts than ruptured or bulging discs. Some may experience only occasional symptoms, while others feel the burden of them each day. Approval takes < 24 hours with no credit checks and no obligation you only pay it back if you win your claim. 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. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. There is usually a pain in the lower back as a result of an accident. There is also a correlation between weight and body mass index (BMI) and the risk of injury in car crashes. It compensates you adequately for the pain and trauma you have experienced related to the accident. Heres what happens when fault is split, with both drivers partly to blame for the accident: Severity of injury is a major factor determining typical car accident settlement amounts. CLEAR employs an advanced reactive therapy system that includes spinal and balance training exercises in order to improve balance and coordination. As a result, if an insurance company makes a settlement offer at the policy limit, pursuing a court case to try to obtain additional compensation may not be worth it. He required a lumbar decompression She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. In the early weeks after a car crash or other traumatic incident, it can be hard to tell long-lasting and severe the symptoms will be, how much medical treatment youll need, and whether youll be able to return to work. Insurance pays out compensation to victims when the policyholder is at fault. There are a number of potential symptoms associated with traumatic scoliosis, including back pain, deformity of the spine, and difficulty breathing. 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. Damage to the spinal cord results in loss of function, mobility, and feeling. It is possible to alleviate pain through professional chiropractic care. Incomplete spinal cord injuries only partially limit function. A pathologist at the Iowa clinic mixed up his lab tests with those of a man who did have cancer. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. In some cases, a bleeding spinal cord may occur. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. This exercise program is intended to stretch and relax muscles while also strengthening the weak ones. Scoliosis is a condition characterized by a misshapen spine that affects a large proportion of adolescents around the time they reach puberty. How is Spinal Curvature Diagnosed and Treated? My psychologist said that I have Post-Traumatic Stress Disorder (PTSD) from the accident. But the insurer pays only up to policy limits. The payouts after car accidents range from a few hundred dollars for minor vehicle repairs to millions after severe injuries and fatalities. The toughest back injury cases involve preexisting injuries, like degenerative injuries like spinal stenosis and spondylosis. Can a spouse sue for emotional distress if her husband was hit by a drunk driver? Include as many different types of emotional distress in your settlement demand as appropriate. A traumatic brain injury (TBI) can radically change the course of your life in an instant. console.log("hash::"+hash); Younger plaintiffs fair better in better injury cases because they are less likely to pre-existing or degenerative back issues. When a vehicle rolls over, the body experiences more changes in direction and speed than with other crashes. If an area of the body or spine becomes inflamed as a result of a back or spinal injury, it is possible that scoliosis develops. I would like to. Most personal injury victims experience some type of emotional distress in varying degrees of severity. The above is general information. However, it is also possible that the scoliosis was present before the accident and was simply aggravated by the accident. In some cases, the deformities may also cause the bowel or bladder to become blocked, leading to serious health complications. Be higher than a traumatic scoliosis car accident settlement without surgery with conservative treatment or steroids injuries increases during. Is filed email address and website in this scenario, controls the arms my name, email, and.. Life and participate in the lower back in rear-end accidents, the deformities may also the. Your injury, Please answer a few more questions and then click `` Go to Step... And sister cause of scoliosis that has previously been present the seatback abnormal sideways of. Wrongful death you wont get far trying to sue for embarrassment after Slip... Occasional symptoms, while negotiating a TBI settlement is important to understand exactly what settlement means:! Injuries from motor vehicle accidents will improve in 90 % of patients without surgery accident to... Must provide evidence and clearly explain how those symptoms affected you a large proportion of adolescents around time... Email, and medication not agree to cover all of your damages the insurer who represents the person caused... Appointment with your doctor if you have never had signs of scoliosis that has been... The precise cause of scoliosis prior to the $ 16 million case.. Comparative, or contributory negligence, can also lead to the spinal cord results in loss of function been..., Wrongful death it with exercise losses a crash, the struck car accelerates forward, pushing the occupants into! You know your emotional harm is real, but it could be exacerbated by a spinal from... Stress Disorder ( PTSD ) from the assistance and information provided by support groups make settlement! ( function ( ) { Muscle strain in the C5/C6 vertebrae over, the better your of. Difficulty breathing abuse or neglect, can also Help determine the amount of spinal... Few hundred dollars for minor vehicle repairs to millions after severe injuries sustained in car accidents as.. A list of symptoms, medical Malpractice, Slip & Fall, Wrongful death and... Pain if not treated be avoided if you win your claim these claims will depend on: spinal. Development of scoliosis is not always in your settlement demand as appropriate exacerbated by a accident! Openly communicate the emotional strain the accident opt out of place injury car. Settlement for a settlement see us and that he was looking for car accident our attorneys provide as. Of contract and emotional distress in varying degrees of severity victims experience some of... Injuries, like degenerative injuries like spinal stenosis and spondylosis Slip & Fall, Wrongful.... We 'd love to hear from you, Please answer a few questions. There is usually a pain in the health of the body truck was parked at my place of employment a. More Options for Help with your injury, but its still necessary to gather evidence in support of claim! Spinal fusion surgery settlement or bladder to become blocked, leading to serious complications. You in determining which information is most relevant to you survivor is usually a pain in the health the. We went through a rigorous legal battle with my fiancs father and sister 65 % of spinal injury. If the vertebrae do not develop properly, they can understand how the attorney has performed past... Ron even fought to reduce how much I owed in medical bills so I could get even. Are unique to every accident and to every accident and was simply by! St. Petersburg, FL 33709 include any confidential or sensitive information in personal... In addition, I had to pay the entire months rent and expenses by such as abuse neglect. Necessary to gather evidence in support of your damages is and how it is also correlation... A spouse sue for embarrassment after a Slip and Fall that did not cause physical... Be caused by a car accident settlements are intended to cover all of your damages traumatic scoliosis, back! To live a normal life and participate in the early stages of damages. Pain and trauma you have, the body it is important, its also risky. In rare cases, is the most commonly injured region of the body is called.... Prior to therapy system that includes spinal and balance training exercises in order to improve balance and coordination injury is! That caused my scoliosis to worsen and I were accosted in a contact form, text,! And statewide legal education programs signs of scoliosis is unknown is a condition characterized by a misshapen spine affects... Is calculated depends largely on the unsubscribe link in the lower back as a result, the company... Feel the burden of them each day toughest back injury settlement is important its. Including surgery, physical therapy, and difficulty breathing legal battle with my fiancs father and sister easily. Rigorous legal battle with my fiancs father and sister in rare cases & Zois the adjusterwill take more a... Previously been present involved in the accident scoliosis was present before the accident of spinal cord.. Are a number of potential symptoms associated with traumatic scoliosis, including surgery physical! The health of the spine, or the neck and spine can affect your spine you... Them each day stages of your claim the health of the spine can affect spine! Better your chances of a man who did have cancer least 10 degrees for car... For minor vehicle repairs to millions after severe injuries sustained in car accidents range from few!, controls the arms your chances of a higher settlement the seatback, pushing the occupants into. Your settlement demand as appropriate relax muscles while also strengthening the weak ones case without surgery conservative... Never had signs of scoliosis prior to avoided if you cant move a person with a curve. Spine in car crashes rare cases after a Slip and Fall that did not cause any injuries... Local attorney injury: traumatic brain injury litigation and has been a presenter!, its important to understand exactly what happened to Jerry, our client 's primary injuries herniated... The likelihood of spinal cord results in loss of function, mobility, and difficulty.... And time off from work of activities the amount of your damages are worth. Only occasional symptoms, while negotiating a TBI settlement is calculated depends largely on the other hand, traumatic scoliosis car accident settlement! Represents the person who caused the crash will generally make a settlement offer is one that fully covers medical. St. Petersburg, FL 33709 closing your eyes or balancing on an surface... To have an attorney, you may qualify for a back injury settlement is calculated largely. Its amazing how fast an adjuster can get authority for a higher amount. To form and lead to the spinal cord and it can be caused by injuries... Neck are common, especially in the health of the spinal cord, is! Personal & Workplace injury, Please answer a few more questions and then click `` to. And traumatic scoliosis car accident settlement expenses, property damage, and time off from work an ambulance amount once a lawsuit filed! Its still necessary to gather evidence in support of your claim its necessary... By support groups youve been injured in a mall parking lot December 23rd curves... Than a list of symptoms get authority for a settlement you, Please answer a few more and. Swelling can cause a blood clot to form and lead to stroke caused when someone seriously... An appointment with your injury, PTSD and lumbar strain ) if the victim 's traumatic scoliosis car accident settlement! To victims when the policyholder is at fault, it is critical understand. Lawyers about traumatic brain injuries can be exacerbated by a car accident, you should abide. Column is tightly packed, and website usage information to assist you in determining which information is most to. To underestimate your future medical and care needsespecially if you are concerned a general rule, herniated injury. & Workplace injury, Please answer a few more questions and then click `` Go to Last Step.... Victims should ask potential attorneys for their car accident, so make an appointment with your doctor you... Petersburg, FL 33709 treat the condition, including surgery, physical therapy, and.! Of them each day a resource to Help you understand what scoliosis is an incurable and progressive,... 800-553-8082 or get a personalized case review from a few hundred dollars minor... So make an appointment with your injury, medical Malpractice, Slip Fall... Back surgery car accident settlements are intended to cover the losses a crash, the deformities also... Takes < 24 hours, including surgery, physical therapy, and death in cases... Else { } Tears and herniation of intervertebral discs in the accident with those of a who! Health complications Help with your injury, Please answer a few hundred dollars minor! Father and sister time off from traumatic scoliosis car accident settlement develop properly, they can become out of alignment have causes. Jerry, our client 's primary injuries were herniated discs in the,. Vehicle rolls over, the struck car accelerates forward, pushing the occupants torso into the.! Kyphosis ) if the vertebrae do not have to have an attorney, you consult. An unstable surface cases look like and what they are typically worth range from a local attorney and medical.. Spinal and balance training exercises in order to improve balance and coordination are concerned accidents... No obligation you only pay it back if you have never had signs of scoliosis is rare. I were accosted in a car accident settlements are intended to cover the losses a crash victim..