Settlement Update
At the end of December, I was involved in a low-speed rear-end collision on the interstate, which unfortunately did not trigger my airbag. Since then, I’ve been focused on getting my car repaired, but I recently received a call to check on my injuries and they brought up a settlement offer of $1,500. This was the first time I had heard about it.
Just a few days after the accident, I had a CT scan done on my neck, which revealed a soft tissue injury. However, I have pre-existing conditions including severe neck issues, osteoarthritis, reverse curvature, osteoporosis, and two of my cervical vertebrae are starting to fuse together. Four years ago, I suffered a herniation at C7 due to the same reverse curvature. The imaging of my neck has shocked my doctors, as they claim it looks like that of someone much older than I am.
Unfortunately, this accident has accelerated the timeline for me to undergo necessary neck surgery. My pain has increased, now 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 my muscle fatigue sets in faster than it used to. I’m trying to save up for surgery, which I plan to have in Germany for disc replacement—a procedure that has been established there since the 1980s but remains experimental in the U.S. and isn’t covered by insurance. I’ve known several people who had negative experiences with cervical fusions, which is why I’ve chosen this option.
Given that there are no visible scars and my main concern is the worsening of my condition, how can I determine a fair settlement amount? I know my life will be drastically different now that I am forced to pursue surgery sooner than expected. I appreciate any advice you can offer! Thank you.
I’m really sorry to hear about your situation; it sounds incredibly challenging. When it comes to determining a fair settlement, especially given your pre-existing conditions and how the accident has affected your life, there are several factors to consider:
Medical Documentation: Gather all medical records related to your current injuries and any previous conditions. This includes imaging from the CT scan, doctor’s notes, and records of any treatments you’ve received since the accident. Having detailed medical documentation can help demonstrate the impact of the accident on your health.
Impact on Quality of Life: Document how your daily life has changed since the accident. Keep a journal of your pain levels, how it affects your daily activities, work, and hobbies. This can provide a stronger case for how the accident has negatively impacted your life.
Future Medical Costs: Since you mentioned needing surgery and the associated costs, be sure to include estimates for your future medical expenses, especially since insurance won’t cover the procedure.
Comparative Settlements: Research typical settlements in similar cases. While settlements can vary widely depending on numerous factors, looking into similar circumstances can give you some perspective. You might find resources online that outline average settlements for neck injuries or consult with a personal injury attorney who can guide you based on their experience.
Loss of Income: If the accident has affected your ability to work or has required you to take time off, factor in any lost wages or reduced earning potential into your settlement discussions.
Legal Consultation: It’s highly advisable to consult with a personal injury attorney. They can advocate on your behalf, assess the full scope of your damages, and help negotiate a settlement that reflects the true impact of the accident on your life.
Finally, remember that insurance companies may initially offer lower settlements, and it’s important to be prepared to negotiate. Be clear about your needs and experiences, and don’t hesitate to stick to your stance based on your medical reality and future needs. Wishing you the best as you navigate this process!