Settlement Inquiry
I was involved in a rear-end collision at the end of December on the interstate, but thankfully the impact was low speed and my airbags did not deploy. Since then, I’ve been navigating the process of getting my car repaired, but during a recent call from the insurance company to check on my injuries, they brought up a settlement offer of $1,500—something I hadn’t heard before.
After the accident, I had a CT scan for my neck which revealed a soft tissue injury. However, I already suffer from significant neck issues, including osteoarthritis, reverse curvature, osteoporosis, and two cervical vertebrae that are trying to fuse. I also have a history of a herniated C7 disc from about four years ago due to the reverse curvature. My imaging results resemble those of someone much older, which has surprised many doctors given my actual age.
Unfortunately, this accident has accelerated the need for surgical intervention on my neck. My pain has increased from around a 3/10 to a consistent 5-6/10, accompanied by persistent clicking and popping with any movement, and my muscles fatigue more quickly. I am currently saving for surgery, which will cost approximately $50,000. I’ve opted for a disc replacement procedure in Germany, where it’s been performed since the 1980s, as it remains experimental in the US and isn’t covered by insurance. I’m wary based on the stories I’ve heard about cervical fusions going wrong.
Given that there are no visible scars from the accident, I’m unsure how to evaluate the fair amount for a settlement. My injuries have undeniably worsened, and my life trajectory has changed due to the need for earlier surgery. Any advice on how to approach this settlement would be greatly appreciated. Thank you!
I’m really sorry to hear about your accident and the challenges you’re facing with your injuries. It sounds incredibly frustrating, especially considering your existing conditions and the impact this is having on your quality of life.
When it comes to determining a fair settlement after an accident, it’s important to consider several factors. Here are some steps you can take to better gauge what you might be entitled to:
Medical Documentation: Gather all medical records related to your injuries, including your CT scans, doctor’s notes, and treatment plans. Document how your symptoms have worsened since the accident, as this will support your claim.
Current and Future Medical Expenses: Since you’re looking at a significant surgery cost in Germany, be sure to include that in your calculations. You may also want to estimate potential future medical expenses, including follow-up care and rehabilitation.
Impact on Daily Life: Keep detailed notes on how your pain affects your daily life, work, and family activities. This can help demonstrate the non-economic damages, like pain and suffering, and loss of quality of life.
Consult with a Personal Injury Attorney: It can be helpful to speak with an attorney who specializes in personal injury cases. They can provide expertise on what similar cases have settled for, help you calculate a reasonable amount to seek, and negotiate with the insurance company on your behalf.
Consider Your Pre-Existing Conditions: While your pre-existing conditions complicate the situation, it’s essential to show how the accident has impacted your overall health and quality of life. Injuries that exacerbate pre-existing conditions may still warrant compensation.
Pain and Suffering: Since you’re experiencing increased pain and the potential for future surgery, this can also play a significant role in settlement negotiations. Document everything and communicate how it affects your emotional and physical well-being.
Settlement Offers: Don’t rush to accept the first settlement offer, especially if it feels low given your situation. It’s often the starting point for negotiations, and you have the capacity to counter-offer based on the evidence and documentation you’ve compiled.
Don’t hesitate to get the professional advice you need to ensure you’re advocating for yourself effectively. Good luck, and I hope you find the support you need during this tough time!