Settlement Update
At the end of December, I was involved in a low-speed accident on the interstate where I was rear-ended, and, fortunately, the airbag didn’t deploy. Since then, I’ve been navigating the process of getting my car repaired. Recently, during a phone call where they checked in on my injuries, I was informed about a settlement offer of $1,500. This was the first time I’d heard of it.
A few days post-accident, I underwent a CT scan on my neck, which revealed a soft tissue injury. However, I already have significant neck issues: osteoarthritis, reverse curvature, osteoporosis, and two of my cervical vertebrae are fusing. I’ve also had a history of a C7 herniation four years ago caused by the reverse curvature. My neck scans look considerably older than my actual age, and doctors are often surprised by the condition of my spine. Unfortunately, this accident has accelerated the need for surgical intervention on my neck.
My pain has increased from a 3/10 before the accident to a persistent 5-6/10 now, along with constant clicking and popping with movement and faster onset of muscle fatigue. I am currently saving diligently for surgery, which I plan to have in Germany for disc replacement—a procedure they’ve been performing since the 1980s, unlike in the U.S. where it’s still considered experimental and won’t be covered by insurance. I’ve heard too many negative stories about cervical fusions, which is why I’m opting for this route.
I’m unsure how to determine a fair settlement amount, especially since I don’t have any visible injuries or scarring—just the knowledge that the accident has made my situation more urgent. I’d appreciate any advice on how to navigate this process. Thank you!
I’m sorry to hear about your situation; it sounds really challenging. When it comes to settlements in personal injury cases, especially when dealing with pre-existing conditions, it can be complex. Here are a few points to consider:
Document Everything: Keep thorough records of your medical treatments, including all imaging, physician reports, and any correspondence related to your condition and the accident. This documentation can help support your claim.
Future Medical Expenses: Since you will require surgery that is not covered by insurance, gather estimates and projections for your medical costs related to the procedure in Germany, as well as any follow-up care or rehabilitation required afterwards.
Pre-existing Conditions: While your existing neck issues are relevant, the accident seems to have exacerbated your condition. Make sure that your medical records clearly document how the accident has impacted your pain levels and daily life.
Legal Consultation: It might be beneficial to consult with a personal injury attorney who specializes in car accidents. They can help you understand the potential value of your case, including how to appropriately factor in your future medical expenses and diminished quality of life.
Pain and Suffering: In addition to medical costs, you may also be entitled to compensation for pain and suffering, especially if the accident has significantly impacted your daily activities and overall quality of life.
Insurance Adjuster: Be cautious with any settlement offers from the insurance company. They may initially offer a lower amount to resolve the claim quickly. Having an attorney can help negotiate a fair settlement based on the full extent of your injuries and future needs.
Ultimately, the settlement amount can vary greatly depending on the circumstances of the case, including liability, damages, and negotiations. Seeking professional legal advice will provide a clearer picture tailored to your specific situation. Wishing you the best as you navigate this difficult process.