Spinal fusion back surgery is a serious surgical procedure that can have a major impact on your life. It will also be quite costly and can have quite an effect on your finances as well.
If your doctor has told you that this type of surgery is necessary for an injury you sustained caused by another party, you may be wondering how much money can you get from a spinal fusion surgery lawsuit settlement?
Understanding Back Injuries in Personal Injury Lawsuits
A back injury is quite common in personal injury cases. Whether it’s a car accident, slip and fall, or spinal injury from a work accident, the back is susceptible to damage.
Spinal cord injuries can involve the lumbar or cervical spinal regions and include chronic pain. The level of injury varies greatly and with it, the amount you can expect to receive in a lawsuit settlement.
At level one, the back injury is minimal with damage only to the soft tissue. You will often see this type of injury in whiplash or a back strain.
Level two back injuries require more extensive medical treatment. You may suffer from a pinched nerve or herniated disc. Some of these spinal injuries are treatable while others may cause permanent damage.
The third and final level is the most serious and usually results in some type of permanent disability. Spinal fractures are an example of level three back injuries.
Spinal fusion surgery is more common with these injuries as well. The need for spinal fusion surgery depends on whether other treatments will work.
Lawsuit Settlements in Personal Injury Claims
How much you can receive in a back injury settlement depends on many factors, especially the severity of the injury. The more extensive the injury, the greater the settlement to pay for medical care, whether it’s a cervical fusion or lumbar fusion.
Spinal fusion claims can vary widely because the severity of the injury can vary. The treating doctor may recommend the required spinal fusion surgery early on in treatment but may have it delayed until other treatment options are attempted. Insurance providers don’t approve extensive treatment until lesser options have been tried and failed.
Levels of Back Injuries and Treatment
With a level one injury, pain medication and therapy is all that will be necessary. When the injury is a level two, therapy may be complemented by epidural steroid injections to help reduce inflammation and encourage healing.
When the back injury is a level three, surgery is most often the required treatment. Spinal fusion surgery may be scheduled if other treatments, such as spinal injections, aren’t successful.
What is Spinal Fusion Surgery?
In a spinal fusion surgery, the vertebrae in the spine are fused together surgically. This can happen in the cervical or lumbar regions.
When the surgery is complete with the bone grafts, those vertebrae form a single bone. The patient will experience relief from pain with the bone graft because the bones won’t be moving independently.
A doctor may recommend this type of spinal fusion surgery for herniated discs, pinched nerves, cervical herniation, nerve root impingement, spinal stenosis, and other conditions which affect the back. However, it can cause limited range of movement and some stiffness for the patient.
Spinal fusions can help the patient regardless of where the injury is located. The treating physician may recommend various spinal fusion techniques based on the location of the injury.
They can receive lumbar spinal fusion surgery for the lower back or cervical fusion surgery for the neck. One type of surgery includes the anterior cervical discectomy for the neck area, which can alleviate pain in your neck and upper back.
If the original surgery isn’t a success with either cervical fusions or lumbar fusions, you may need a revision fusion to fix the issue. This is a major surgery and can create major medical expenses, which is why you deserve a fair settlement.
What to Expect with a Spinal Fusion Settlement
A spinal fusion surgery can strengthen your case because it adds credence to your injury. A spinal injury isn’t always easy to validate, but the need for surgery makes for a convincing spinal fusion claim.
As far as the amount you can receive with a spinal fusion surgery settlement, it can vary widely.
Not only do you have the costs of the surgery itself, but you must add in the cost of medical care before and afterwards. Then, there’s rehabilitation, which can last for weeks with physical therapy and other treatments.
Having spinal fusion surgery strengthens the plaintiff’s claim of pain and suffering as well compared to dealing with level one and two back injuries. You can often be awarded compensation for pain and suffering, which may be dismissed in a lesser case.
When considering your lawsuit settlement for a back injury, the amount awarded for spinal fusion surgery is often in addition to other costs and possible other injuries for the same incident.
For instance, a claim involving a car accident with numerous injuries may be awarded a much higher amount than the average settlement for spinal fusion surgery workers’ comp claim. They may have a traumatic brain injury, a sternum fracture or multiple rib fractures or need shoulder surgery along with a back injury.
Does a Spinal Injury Surgery Increase the Value of a Personal Injury Claim?
Generally speaking, a spinal fusion surgery will cause your claim to increase in value, whether it’s a cervical fusion or lumbar fusion. It’s common to see spinal fusion settlements settled for over six figures and even more than half a million.
Factors that Impact the Value of a Spinal Fusion Settlement Amount
How much you will receive in a settlement for your spinal injury will depend on several factors. While the cost of your medical care will have a direct influence, it’s not the only factor.
Liability by the other party will also play a part in the final amount to be awarded. Were they 100 percent liable or only partially liable?
If the plaintiff already suffered from spinal issues, the attorney may need to prove the amount of damage done by the accident. It may be concluded that the back issues worsened by 50 percent, which would affect the total amount awarded in the settlement. Even with the spinal fusion surgery, the other party may pay for half the costs if they can prove you needed the treatment before the accident.
Another key issue is how much insurance coverage the defendant has or personal funds to pay the settlement. You can be awarded $500,000 but coverage for the defendant stops at $300,000.
The insurance company is only responsible for the maximum amount of coverage. The defendant is responsible for the remaining $200,000. If they don’t have the money in assets, you may not receive the rest of the settlement for your lumbar fusion surgery or cervical surgery.
How Long Before You Receive Spinal Fusion Lawsuit Settlement
It can take quite some time to get your claim awarded in a personal injury settlement. The two parties may negotiate and come to an agreement, or the case may need to be decided in court.
During this time, you still have costs for your spinal fusion surgery and other expenses even with health insurance. You may need financial assistance to help you survive until you’re awarded the settlement in your personal injury case.
If you have suffered a severe injury to your back as the result of negligence, medical malpractice, or from car accident claims, you should speak with a personal injury attorney who can help you get the best settlement possible. You can schedule a free consultation with no obligation to discuss your case.
Oasis provides pre-settlement funding, also known as consumer litigation funding, to its customers through different products depending on their state of residence or cause of action. Many consumers will be provided pre-settlement funding in the form of a purchase agreement, which assigns a portion of the pending proceeds from their legal claim. Other consumers, such as those in SC and CO will be offered a funding in the form of a pre-settlement loan, sometimes referred to as a lawsuit loan. These transactions have important differences, therefore, consumers should carefully review and be aware of the type of transaction that is offered to them by any funding company.