This type of scoliosis is also known as traumatic scoliosis It is recognized that food, chemicals, and vitamins play an important role in the health of the body. Keep in mind that a settlement offer is just the opening bid in negotiations. When you are involved in a car accident, your spine is one of the most vulnerable parts of your body. That means either reaching a fair settlement with an insurance company or fighting for that compensation at trial. We respect your privacy. He regularly teaches other lawyers about traumatic brain injury litigation and has been a featured presenter at both national and statewide legal education programs. The result is the total amount you will demand for a final settlement. If you were severely injured or emotionally damaged, you deserve to have a skilled professional on your side. Injuries on multiple levels of the spine occur in over half of motorcycle accidents. 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. Once their coverage is exhausted then they can seek compensation from the other drivers insurance. You might optimistically think that youll be back to work and daily life within a matter of months or a year. Can I sue for emotional distress? business analyst vs it business analyst As a result, the insurance company may not agree to cover all of your damages. Additionally, studies have found a link between spine injuries and head trauma. Traumatic brain injuries can have many causes, but car accidents are one of the most common. 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. Settlements for scoliosis from car accident Written By hards61432 Friday June 10 2022 Add Comment Edit. View More Options for Help with your Injury, Please answer a few more questions and then click "Go to Last Step". Scoliosis caused by trauma is extremely uncommon, and finding the cause can be difficult. Settlements for Scoliosis from a Car Accident A severe case of scoliosis can be debilitating. Still, favorable settlements and jury verdicts can be had in many insurance claims with previous injuries. In a personal injury claim, you must be able to communicate your level of pain. Younger plaintiffs fair better in better injury cases because they are less likely to pre-existing or degenerative back issues. Welcome to Brandon Orthopedics! The primary factor that drives the potential settlement value of a back injury auto accident case is always going to be the severity of the plaintiff's back injury. Spinal nerves send and receive signals that control movement, sensory perception, and unconscious bodily functions. Unfortunately, based on your answers we cant provide a case review. The evidence you provide gives the adjuster a good reason to pay more for your personal injury case. If you Spinal injury resulting from car accident: Focus to prevention by Esmaeil Fakharian et al., Asian Journal of Neurosurgery, 2017. It can be difficult for a broken hip bone to heal and cause significant pain. For very serious injuries, youll need an attorney to calculate the proper demand to fully account for your emotional trauma. Can a car accident cause or exacerbate back pain? As a result of my whiplash injury, I have had: rigorous physical therapy (5x/wk the first 2 wks, then 3x/wk for 8 wks, then 2x/wk) MRI, X-rays, & EMG to diagnose numbness in my fingers and weakness in grip deep tissue & trigger point massage chiropractic manipulation cervical traction, ultrasound, & interferential electrical muscle stimulation stretching & physical therapy exercise, etc. If you are experiencing any of these symptoms or signs, you should immediately call 911 and go to a hospital. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Can a spouse sue for emotional distress if her husband was hit by a drunk driver? Bullet or stab wounds, as well as a fracture in the spine, traumatic head injuries, and traumatic back injuries are just a few of the types of spinal cord injuries. 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. Depending on the location of the injury, the severity of a spinal cord injury can vary dramatically. If youve suffered severe or permanent physical or emotional injuries, youll need an experienced personal injury attorney to get the full value of your claim from an insurance company. If you have been traumatized to the spine, you may be unable to properly align the vertebrae. However, there are a number of potential risk factors that have been identified, including genetic factors, abnormalities in the structure of the spine, and neuromuscular conditions. The toughest back injury cases involve preexisting injuries, like degenerative injuries like spinal stenosis and spondylosis. The jury found in favor of Rickie Huitt, awarding $12.5 million for his injuries and emotional distress. As a stay at home parent, that is my JOB and it broke my heart not to be able to care for my kids like they needed. The diagnosis of these injuries must be based on physical examination and criteria that tends to be more subjective. 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. In other words, if you did not have pain before an accident and you do have pain after the accident, the accident was likely the cause of your pain. Most received less than $10,000. My parked truck was hit by texting driver. It is possible that a car accident could cause scoliosis if the spine was damaged in the accident. Car accident settlements are intended to cover the losses a crash victim experienced. 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. Consult with a licensed attorney in your state before relying on any information found on this site. Attorneys for Mr. Huitt filed a lawsuit against the Iowa Clinic, alleging medical malpractice for the wrong diagnosis and unnecessary surgery. jQuery("html, body").animate({ scrollTop: scrollToPosition }, 1000); Pain and suffering is the physical and emotional trauma and suffering car accident victims experience. However, although rare, traumatic car accidents can also potentially cause scoliosis, especially if someone sustains serious injuries. The only person who may contact you is a licensed attorney who can help. Crash victims who sustain only minor property damage, for example, would be offered far less money from an insurer to settle a claim than those who lose loved ones to an accident or who sustain permanent injuries. A spinal cord injury can cause a person to live in the same way that someone else does without the injury, if properly treated and rehabilitated. Even if the condition does cause some pain or discomfort, it usually goes away without causing any harm. Submit the Form Now. Scoliosis is a condition characterized by a misshapen spine that affects a large proportion of adolescents around the time they reach puberty. The more reliable evidence you have, the better your chances of a higher settlement. WebYes. In addition, I had to pay the entire months rent and expenses by. So far so good! scrollTop: jQuery("#"+anchor_id).offset().top - 200 WebCoaches who Care. TBI victims who are represented by an attorney usually recover higher settlements on average than those who choose to go it alone. Unless you are seriously injured, you arent likely to end up with more in your pocket by the time you pay attorney fees and costs. WebThe value of a spinal fusion case is over $150,000 if you were out of work for some time after the accident. If you have a more serious spinal cord injury, surgery may be required to repair a damaged section of the spinal cord. There is also a correlation between weight and body mass index (BMI) and the risk of injury in car crashes. Sometimes taking a lower settlement is the safest choice. 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. This is especially true in head-on and rear-end collisions, though seatbelts certainly help in rollover and side-impact accidents as well. When a vehicle rolls over, the body experiences more changes in direction and speed than with other crashes. My back surgeon made the note that my curvature does seem to have activated and suggested that surgery may be the solution in the not to far future. Herniated or Bulging Disc: Auto accidents can cause injury to the intervertebral discs. Another factor that impacts the value of back injury cases is the age of the plaintiff. The decision to get surgery for a disc herniation in your back is a difficult one. If you are not yet sure whether or not you have developed scoliosis because of a car accident, you need to share these concerns with a lawyer. In addition to scoliosis, there are other conditions that can lead to it. if(hash != ""){ Why such a wide value range? Find out now with a FREE case review from an attorney, So far so good! Immediately after the accident, I was unable to provide everyday care for my children (unable to pick them up, hold them for very long, carry anything for them, etc.). An appendicitis or pneumonia is possible cause of the illness. However, be aware pain and suffering are highly subjective and personal and a skilled attorney can present a convincing case for a higher award. 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. In other words, if, at the time of the impact you did not have Scoliosis, the drivers insurance company would likely have agreed to pay all the damages resulting from the crash. Truck accident settlement settlement with traumatic brain injury (TBI) for two victims, one of whom was pregnant, caused by the truckers negligence. Scoliosis causes back pain and difficulty walking as a result of the condition. They can cause paralysis from the chest down as well. Scoliosis can cause issues with balancing if you have trouble closing your eyes or balancing on an unstable surface. This includes things like whiplash. $329,000 after a car accident caused a concussion and post-concussion syndrome that led to headaches, dizziness, and memory problems. Physical traumas that have been known to cause scoliosis include things like car accidents, falls, and sports injuries. This funding gives you the money you need to cover personal expenses now. Unfortunately, the reckless driver had a minimal insurance policy, covering only $50,000 worth of medical bills, lost income, and other damages. Accidents can lead to spinal cord injuries in a variety of ways. Before looking for car accident settlement examples, its important to understand exactly what settlement means. Back sprains and similar types of "soft-tissue" back injuries cannot be identified on x-rays or other types of diagnostic imaging tests. Furthermore, it may cause breathing problems. Mild cases of scoliosis may not require treatment; instead, your doctor may check in with you and take X-rays on a regular basis. Do Corticosteroids Still Have a Place in the Treatment of Chronic Pain? Thirty-one pairs of spinal nerves branch off from the spinal cord. Scoliosis caused by sudden and intense shocks to the spine is known as traumatic scoliosis. slouching, leaning back in chairs, and carrying heavy bags can stretch supporting muscles and ligaments, causing spinal curvature (postural kyphosis). WebSettlements for Scoliosis from Car Accident After an accident, you can recover from the at-fault driver for any financial losses stemming from the collision. About one-third of patients with cervical spine or spinal cord injuries also have moderate to severe head injuries. There is no cure for scoliosis, but it can be managed with treatments that can help to stop the progression of the condition. Suing negligent cemetery for emotional distress? The following summary of clinical observations and theories from the CLEAR Scoliosis Institute is based on the evidence presented. RASO and the Roth-Porter concept are based on the idea that the nerves are located at the top and bottom of the spine respectively. worsening of my curvature). According to a study, chiropractopaths can help scoliosis patients increase curvature and pain levels. They quite literally worked as hard as if not harder than the doctors to save our lives. Ad Davis Saperstein Salomon PC. The median award for back injury cases is $212,500. Wondering if I can be part of my husbands lawsuit against the drunk driver? Heres what your lawyer might do: If you and the insurance company cannot come to an agreement, your lawyer can file a lawsuit and present your case to a judge or jury. Early intervention may even prevent further damage to the spine and may even reduce the progression of scoliosis. Injuries to our muscles, bones, or internal organs can cause severe pain and other physical symptoms which may continue for weeks, months, or even years. 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. Additionally, the body may be partially or entirely ejected from the car. if(jQuery("#masthead").css("position") === "fixed"){ If the cause of your scoliosis isnt known, your doctor may recommend that you undergo a diagnostic test to determine the cause. The occupants of the vehicle were: myself (driving), a 1 year old (rear-facing) & 3 year old (front-facing), both in the back seat. 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. Wearing a seatbelt reduces the risk of serious spinal injury. Placing a value on your pain and suffering, also called non-economic damages, starts with adding up your hard costs, meaning the total of all expenses related to the injury. 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. 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. Body Part: Psych and back. Please answer a few more questions and then click "Go to Last Over $250 Million in Verdicts & Settlements. They felt they had the right to live. Other back injuries, such as pinched nerves, ruptured disks, or spinal stenosis are not as debilitating but still result in pain, weakness, and numbness. Rear-end accident with whiplash and exacerbated scoliosis. 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. How much can I expect from a personal injury lawsuit? There is usually a pain in the lower back as a result of an accident. The spine itself tends to shift when it is rotated. I found a great lawyer who was able to get me the money I needed to cover my medical bills and other expenses. When liability is clear in a collision, this can result in a larger settlement. This can occur after a car accident, a fall, or any other type of trauma. jQuery("html, body").animate({ At the bottom end of the scale for the amount you can expect in a back-injury settlement are soft tissue back injuries that cannot be confirmed by any diagnostic testing. A strained or sprains lower back, tightness, and muscle spasms are all possible symptoms. But many people dont have enough assets to actually pay additional damages even if the court were to award them. var anchor_id = jQuery(this).attr("href").split("#")[1]; Suppose you were t-boned by a drunk driver. Degenerative Disc Disease Car The most money my firm has ever gotten for a client in a back injury settlement was $2.3 million. WebDamages are unique to every accident and to every person involved in the accident. But this will NOT prevent you from getting compensation payout if your back was injured in a car accident. By submitting, you agree to the Terms & Conditions. Some people might recover in two or three months, while others may never fully recover. $16 million after a collision with a wrong-way driver caused an initially undetected TBI responsible for severe mood and behavior changes, struggles to complete simple tasks, and loss of ability to work as a master plumber. Funding can range from $500-$100,000, depending on your case and needs. Our Baltimore car accident lawyers are based in Maryland, but we handle serious back injury claims throughout the country. It depends. CLEAR has created a program of isometric, asymmetrical spinal exercises that patients can use in both the clinic and at home. In the United States, motor vehicle accidents and catastrophic falls are the most common causes of severe compartmental adhesion. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Scoliosis can have long-term consequences for the body, resulting in muscle imbalances, postural problems, and limitations in movement. At the top of the value chart is clearly spinal cord injuries. Traumatic scoliosis can be mild, moderate, or severe. WebTraumatic scoliosis can occur due to an accident or surgery. A conclusion has been reached. First, it is important to understand what scoliosis is and how it is caused. } Call us to discuss your case at 800-553-8082 or get a free online consultation. In Maryland, motor vehicle accidents are the leading cause of death in people between the ages of 1 and 54. The amount of compensation available for a car accident claim depends on the extent of damage suffered and other factors. Before we all moved in, a roommate was told to not bring. To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. If there is inflammation in a disc due to an injury, it can swell. You should get a personalized case evaluation from a licensed attorney. My truck was parked at my place of employment when a lady hit my truck. The accuracy of information provided on this site is not guaranteed. That is the average compensation payout, our lawyers have had 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. Some of the common settlements you can expect from a traumatic car accident include: Compensation for medical bills Lost wages Mental anguish Reduced 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 attorney only gets paid after negotiating a personal injury settlement or winning your case in court.

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traumatic scoliosis car accident settlement