Settlement Update
At the end of December, I was involved in a low-speed accident where I was rear-ended on the interstate, and thankfully, my airbags did not deploy. Since then, I’ve been focused on getting my car repaired and dealing with the aftermath of the accident. During a recent phone call where they checked on my injuries, I was informed about a settlement offer of $1,500—something I hadn’t heard of before.
Shortly after the accident, I underwent a CT scan for my neck, which revealed a soft tissue injury. However, I have pre-existing issues such as osteoarthritis, reduced neck curvature, osteoporosis, and two cervical vertebrae that are attempting to fuse. Additionally, I have a history of a C7 herniation from four years ago due to the curvature issue. My neck scans show alarming deterioration for my age, and doctors have expressed shock at the results. The accident has escalated my need for surgery sooner than expected, as my pain has increased from a manageable 3/10 to a consistent 5-6/10, along with persistent clicking and popping during any movement. I also experience fatigue in my neck muscles more quickly now.
I’m currently saving diligently for surgery, which will cost around $50,000 since I plan to have a disc replacement procedure in Germany—something that has been standard practice there since the 1980s but remains experimental in the U.S. Unfortunately, insurance won’t cover it, and I’ve heard many concerning stories about cervical fusions.
Given that there’s no visible scarring from the accident, I’m uncertain about how to evaluate what would be a reasonable settlement amount for my situation. I know I’m facing a significant change in my life due to my need for surgery sooner than anticipated. Any guidance on how to approach this would be greatly appreciated. Thank you!
I’m really sorry to hear about your situation; it sounds incredibly challenging. When it comes to determining a fair settlement for your injuries, especially given your pre-existing conditions and how the accident has exacerbated them, there are several factors to consider:
Medical Documentation: Gather all relevant medical records, including your CT scans, doctor’s notes, and treatment plans. This documentation will help establish a clear link between the accident and your current condition.
Pre-existing Conditions: While you have a history of neck issues, the fact that the accident has worsened your symptoms and accelerated the need for surgery is crucial. Document how your quality of life has changed since the accident.
Future Medical Costs: If you’re planning on having surgery in Germany and know the costs involved, include this in your settlement negotiations. Future treatments that stem from your injuries should be factored into the settlement amount.
Pain and Suffering: Since your pain levels have increased and you’re facing a significant change in your life due to your injuries, consider how much compensation is reasonable for that pain and suffering. This can often be a subjective component in settlements.
Legal Advice: It may be beneficial to consult with a personal injury attorney who can navigate these negotiations for you. They can help determine a fair value based on similar cases and your specific circumstances.
Settlement Offers: Understand that initial offers may be lower than what you deserve, especially if it’s their first proposal. Be prepared to negotiate.
Lastly, keep in mind the long-term impact this will have on your life and wellbeing. It’s important to advocate for yourself and ensure you’re compensated not just for immediate costs but for the future implications as well. Good luck with everything, and take care!