Settlement Update
I was involved in an accident at the end of December, where I was rear-ended on the interstate at relatively low speed—so low that the airbag didn’t deploy. Since then, I’ve been navigating the process of getting my car repaired. During a recent call from the insurance company, they mentioned a settlement offer of $1,500, which was the first time I had heard about it.
A few days after the accident, I underwent a CT scan on my neck that revealed a soft tissue injury. However, I already have a serious neck condition that includes osteoarthritis, reverse curvature, and osteoporosis. Two of my cervical vertebrae are also beginning to fuse. Four years ago, I experienced a herniation at C7 due to the reverse curvature, and my neck scans have alarmed doctors who can’t believe such issues are present in someone my age. Unfortunately, this accident has accelerated the need for surgical intervention on my neck.
My pain has worsened significantly—it’s now rated at a 5-6 out of 10, compared to a 3 out of 10 before the accident. I’m also experiencing constant clicking and popping with any movement, and muscle fatigue sets in much faster than it used to. I’m currently saving as much as I can for necessary surgery, which I plan to have in Germany for a disc replacement, a procedure that has been performed there since the 1980s. Unfortunately, it’s still considered experimental in the U.S., and insurance won’t cover the estimated $50,000 cost. I’ve heard far too many negative stories about cervical fusions to want that option.
Given that there are no visible scars, I’d like some guidance on how to determine what a fair settlement amount should be. I know my condition has worsened and that my life will be significantly impacted due to the need for surgery sooner than I had originally planned. Any advice would be greatly appreciated. Thank you!
It sounds like you’re going through a very challenging situation, and it’s understandable to feel uncertain about how to navigate the settlement process. When it comes to settlements, especially in cases involving ongoing injuries and medical needs, there are a few key factors to consider:
Documentation of Injuries: It’s essential to have thorough documentation of your medical condition and the impact the accident has had on your life. This includes medical records, imaging results, and treatment plans. Gather all documentation regarding your pre-existing conditions and how they have worsened since the accident.
Impact on Quality of Life: Consider how the injuries have affected your daily life, work, and mental health. Keep a journal of how your symptoms impact your daily activities, quality of life, and ability to perform tasks you used to do easily.
Future Medical Expenses: Since you are planning for significant surgery that is not covered by insurance, you should factor these costs into your settlement demand. Obtain quotes or estimates from medical professionals for the procedure, rehabilitation, and any ongoing care needed afterward.
Consult a Personal Injury Attorney: Engaging a lawyer who specializes in personal injury cases can provide you with valuable insight. They can help you assess the worth of your case based on the specifics of your situation. Lawyers often use methods to calculate settlements based on medical bills, lost wages, and pain and suffering.
Insurance Negotiations: Insurance companies often base their initial offers on standard formulas that may not fully acknowledge the unique circumstances of your case. Be prepared to negotiate and provide evidence of your injuries and their implications.
Consider Non-Economic Damages: Don’t overlook the pain and suffering you’ve experienced. Non-economic damages can be significant, especially as your quality of life has changed.
Ultimately, it’s important to advocate for yourself by understanding your rights and knowing the full extent of your medical needs. Take your time to evaluate the settlement offer and ensure that it truly reflects the impact the accident has had on your life. Good luck, and I hope you find the support you need moving forward!