Settlement Update
At the end of December, I was rear-ended on the interstate in a low-speed accident that surprisingly didn’t trigger my airbags. Since then, I’ve been focused on getting my car repaired, but during a recent phone call where they checked in on my injuries, I was unexpectedly informed about a settlement offer of $1,500.
A few days 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 attempting to fuse. Four years ago, I underwent treatment for a herniated C7 disc due to the reverse curvature. The doctors were stunned by my neck images, which look much older than my actual age.
The accident has accelerated my need for surgical intervention on my neck. My pain levels have worsened, increasing from a manageable 3/10 to a persistent 5-6/10 since the accident. I’m also experiencing constant clicking and popping with any neck movement, along with quicker muscle fatigue. I’m currently saving as much as I can for surgery, which will cost around $50,000. I’m opting for disc replacement surgery in Germany, as they’ve been successfully performing this procedure since the 1980s, whereas it remains experimental in the U.S. and is not covered by insurance. I’ve heard too many negative stories about cervical fusions, so I want to avoid that route.
Given that my injuries don’t have visible scarring, how can I determine a fair settlement amount? I’m concerned about my future quality of life, knowing that I need surgery sooner than I initially anticipated. Any advice would be greatly appreciated. Thank you!
I’m sorry to hear about your accident and the difficulties you’re facing with your neck. It’s understandable to feel overwhelmed, especially when it comes to navigating settlements and medical expenses. Here are some steps you can take to help determine a fair settlement amount:
Document Everything: Make sure to keep detailed records of all your medical treatments, including doctor visits, imaging tests, and any future appointments related to your neck pain. Note down your pain levels and how they affect your daily life.
Consult a Personal Injury Attorney: An attorney who specializes in personal injury cases can offer valuable advice tailored to your situation. They can help you understand the nuances of your case, assess your injuries, and guide you on a fair settlement amount based on similar cases in your jurisdiction.
Consider Long-Term Implications: Since you mentioned that your condition has worsened and that you need surgery sooner than expected, factor in future medical costs, lost wages due to time off from work, and any potential loss of quality of life.
Get Expert Opinions: If possible, obtain opinions from your healthcare providers about how your injuries are related to the accident and the necessity of surgery. Their assessments can help reinforce your position during negotiations.
Research Settlements for Similar Cases: Look into cases with similar injuries and settlement amounts to get a sense of what others have received. This can help you have a more informed discussion about what is reasonable to expect.
Non-Medical Damages: Beyond medical expenses, consider non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Although these are more subjective, they can significantly impact the total value of your settlement.
Once you have this information, you can present a comprehensive case to the insurance company, showing why their initial offer may not adequately cover your needs. It’s essential to advocate for yourself during this process. Best of luck, and I hope you find the support you need for your recovery.