Average Settlement for Spinal Fusion Personal Injury Claims
Spinal injuries are amongst the most serious of personal injuries, putting you out of commission for weeks, months, or even years. Depending on the type of spinal injury, you might have limited mobility for the rest of your life.
After suffering a debilitating spinal injury, you might be wondering what the average settlement is for a spinal fusion. Like any other personal injury case, the circumstances leading to your injury affect how much money you can get from a spinal fusion surgery lawsuit settlement.
What is a Spinal Fusion?
When you sustain serious injuries to your spine, usually the only way to repair the damage is through spinal fusion surgery. This type of surgery involves joining bones in the spine or removing ruptured discs and replacing them with bone grafts.
Metal screws and plates often hold bone grafts in place, preventing them from slipping or causing other damage. While joining parts of the spine minimizes future damage, it also severely limits mobility and decreases strength. In more serious cases, spinal fusion surgery risks include nerve or spinal cord damage.
In addition, the amount of levels fused along the spine affects pain and future complications. Typically, one level spinal fusions don’t restrict much mobility and cause minimal joint pain. However, spinal fusions involving 3 or more levels usually happen in cases of scoliosis and lumbar deformity.
Is There an “Average” Spinal Fusion Surgery Settlement Amount?
Since every case has different circumstances, there’s no way to calculate an average settlement for spinal fusions. Settlements often depend on the type of surgery performed and the insurance of the defendant.
At Nova Legal Funding, we have provided pre-settlement cash advances to many plaintiffs who receive spinal fusion surgery. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation.
How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim?
Typically, a spinal fusion surgery increases the claim value, regardless of whether the plaintiff has a cervical fusion or a lumbar fusion. In addition, many insurance plans offer limited coverage for spinal surgeries. For this reason, personal injury claims involving spinal fusion surgery often have settlements upwards of six figures.
What are Some Examples of Personal Injury Settlement Amounts Involving Spinal Fusion Surgery?
Since the settlement value of spinal fusion surgery depends on the severity of the injuries, the value of a spinal fusion case ranges anywhere from $300,000 to several million. Here are a couple of real settlements for cases involving spinal fusion surgery:
- In December 2015, Chipotle Mexican Grill settled a case for $1.3 million with a customer in Florida who slipped and fell in their store. The plaintiff, Allison Judkins, slipped and fell due to a puddle from a roof leak. She needed a 3 level cervical fusion surgery.
- In January 2018, a plaintiff settled her case against State Farm for $685,000 after she suffered a spinal injury in a car accident with an underinsured driver. The accident required the plaintiff to have a cervical fusion surgery.
In both of these cases, the settlement amount for the spinal fusion surgery corresponded with the severity of the injuries.
What are Common Accidents That Cause the Need for Spinal Fusion Surgery?
Usually, plaintiffs who need spinal fusion surgery suffer jolting or impacting injuries to their back. This includes high speed car accidents, being struck by a heavy object traveling at a high speed, or slipping and falling on a hard surface. The most common cases include:
- Car accidents,
- Bicycle accidents,
- Motorcycle accidents,
- Pedestrian accidents,
- Slip and fall accidents,
- Medical malpractice, and
- Construction accidents.
These types of accidents can rupture discs, crack vertebrae, or fracture the whole spine.
What Factors Most Impact the Value of a Spinal Fusion Surgery Settlement?
There are several factors that cause the value of a spinal fusion lawsuit settlement to increase or decrease. Generally, the value of a case depends on three major factors:
- Insurance coverage, and
- Severity of the injuries.
For example, the average settlement for spinal fusion surgery increases when:
- The surgery fuses more than one level of the spine;
- The surgery was unsuccessful; or
- The plaintiff requires more than 10 months of treatment.
However, the settlement value usually decreases when:
- The plaintiff suffers from spinal issues before the accident;
- The workers on the property where the injury took place did not know about a potential hazard; or
- The plaintiff can’t prove that the accident caused spinal injury.
Often, the plaintiff qualifies for extra compensation for pain and suffering when they receive spinal fusion surgery. Typically, the more levels of the spine that must be fused, the more the jury views the injury as permanent.
Do I Need an Attorney to Get a Settlement for My Spinal Fusion Surgery?
Not necessarily, but we strongly recommend hiring a personal injury attorney to represent you. Large insurance companies usually have legal teams to work against your case non-stop, making it difficult to reach a fair settlement amount without legal help.
In fact, studies show that plaintiffs who retain a personal injury lawyer for their case receive four times more compensation than those who don’t. In addition, around 91% of plaintiffs who hire a lawyer receive a settlement or award.
Will a Lawyer Be Able to Give Me an Estimate of How Much My Spinal Injury Case Might Be Worth?
Typically, yes. When you meet with your lawyer, make sure you provide them with as much documentation and information about your injury as possible. Personal injury attorneys usually base the estimated value of your case on evidence, medical records, and insurance policy limits.
If You Need Cash to For Your Spinal Fusion Surgery, Contact Nova Legal Funding Today
At Nova Legal Funding, we understand that spinal injuries often result in lost wages and temporary, or even permanent, disability. When life won’t wait for your spinal fusion settlement, consider applying for a pre-settlement lawsuit loan.
We provide same day accident loans for plaintiffs who need help paying for medical bills, legal fees, or regular living expenses while they recover. Our loans come with the lowest rates in the industry guaranteed and are risk-free, meaning you don’t pay us back unless you win your case.
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