With the ability to cause chronic, systemic issues later in life, untreated or misdiagnosed neck injuries resulting from car accidents can be serious and debilitating. Clearly, these people had asymptomatic neck issues which were now made symptomatic because of the whiplash. Loss of cervical lordosis from a car accident. Article Author: This law article was written by attorney Ray Benyamin, Esquire. But achieving a neck injury car accident settlement is not as cut-and-dry as you may think. Ongoing bouts of dizziness. Today, were discussing cervical spine injury settlement amounts as well as the factors that can influence your individual personal injury case. You may not want to wait 2-3 years to get your money. Copyright 2023 attorney advertisement by Injury Advocates Group and licensed, practicing attorney Ray Benyamin, Esquire. Non-economic damages typically include the hardships your accident caused, including: Average neck injury settlements can be hard to estimate. That is until something happens to them. When this happens, it interrupts the communication between your brain and the rest of your body. Let's talk. Call (727) 733-0433 for a cervical lordosis evaluation! If a spinal injury or trauma has damaged the spine and caused the loss of cervical lordosis, the injury must be addressed proactively to improve the spine's health . These numbers are weighed down by the fact that the average accident involves a short, 3-6 week injury and minor collision. She was taken to the hospital and complained of neck pain. interesting facts about australia for kids . Much like any type of personal injury claim, neck injury settlements vary wildly depending on the individual factors of each case. It is also possible to separate the injuries and prove that car accident caused a different type of neck injury. A loss of cervical lordosis is when the neck has straightened and has lost the normal natural curvature. Kinematics of human cadaver cervical spine during low speed rear-end impacts. These are some of the first steps on the road to Degenerative Arthritis. If this occurs, your lawyer will advise you about moving forward with a civil lawsuit against the other motorist and their insurance company. In many cases, you may require ongoing medical treatment to regain range of motion, decrease pain, and improve strength. The association between prevalent neck pain and health-related quality of life: a cross-sectional analysis. When discussing cervical spine injury settlement amounts, you must bear in mind the strength of your personal injury case. This field is for validation purposes and should be left unchanged. Work with a lawyer to ensure you have rock solid documentation supporting your lost wage claim. The truck operator then swerved the truck back into the victims lane, colliding directly into the victims vehicle. Neck Pain can also be caused due to poor sitting posture, degeneration due to normal aging process, and overuse. In other words, some people may be walking around with loss of their cervical curve and it is completely asymptotic. If it is that simple (which, by the way, it is), how come all lawyers do not do this for every case? When neck and back injuries are catastrophic, settlement values can go into the millions. If yes, contact a lawyer referral service. $300,000 verdict for a woman in a car accident who sustained disc herniations, required surgery and experienced a 60% loss of range of motion in her neck. There are two types of damages in mostcar accident cases: special and general. Can the straightening of the cervical spine lead to a worsening or delayed development of whiplash-related symptoms. As you are reading this article, you likely have a problem with your cervical spine brought on by a whiplash-type injury. Average Settlement for Car Accident Neck and Back Injury loss of cervical lordosis car accident settlement More common causes of cervical lordosis are: Postural changes: A change in the curvature can happen over time with habitually poor posture when standing, frequent weightlifting . When should I involve a Prolotherapist in my care? Mr. Benyamin received his Juris Doctor degree from the Thomas Jefferson School of Law, and his license to practice law from theState Bar of California. In fact, your atlas bears the weight of your entire head, which is about 11 pounds on average. Frontera WR, et al . We discuss them below. Throughout the insurance claim or lawsuit process, you must provide a plethora of evidence, give a detailed breakdown of all damages (special and general), and establish liability. Violent collisions may damage one or more spinal discs, causing a bulge or disc herniation. Cervical Lordosis and What Causes Loss of Cervical Lordosis Car accident verdict with cervical soft tissue injury. Loss Of Cervical Lordosis Settlement Find best lawyer near me. (800 Jaw pain. We are an out-of-network provider. They in fact felt fine and had no symptoms, then as a year or two passed their symptoms became progressively worse. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. To receive more information or a FREE consultation with one of our Los Angeles attorneys, give us a call, send us an email, or submit the contact form below. For example, if the plaintiff is an avid violin player, but can no longer hold the instrument properly because of the neck injury, his damages based on "loss of quality of life" will likely be higher in the eyes of a jury. If the injured accident victim has to seek physical therapy, injections, or other procedures to treat the soft tissue . Cervical vertebrae are small, measuring just under an inch wide. A minor sprain can heal within a few weeks. Your spine is composed of several different types of soft tissue, including muscles, tendons, ligaments, and nerves. Whiplash injuries can be difficult to diagnose. Damage to the spinal cord is one of the more serious injuries you could sustain in a car accident. Drivers are at the highest risk with regards to seating position when compared with passengers in the rear of the vehicle. $537,000 settlement for a man who required cervical fusion surgery following a car accident. loss of cervical lordosis car accident settlementthe renaissance apartments chicago. This means your whiplash settlement should be for a permanent, lifelong injury, not for a 4-6 week minor injury. This is because of the unique nature of each accident, injury, and individual. C3, C4, & C5 Spinal Injuries - Spinal Cord Injury & Brain Injury Not surprisingly, a lot of these outcomes stem from car accident injury cases: "Valuing" a personal injury case in this context often means coming up with a best guess at what a jury might award the person who is suing for a neck injury (the plaintiff), and then estimating: Regardless of which side is doing the calculating, the two big factors in valuing these kinds of cases are the extent of the plaintiff's injuries and other losses ("damages" in legalese) and how likely the jury is to find the defendant at fault for the accident that led to the neck injury. In many cases, however, the insurance company doesnt make a satisfactory offer. Cervical spine neck injuries can be physically, emotionally, and financially devastating. Get tips on finding the right personal injury lawyer for you and your case. A neck injury requiring spinal fusion or another surgical intervention will be "worth" more than a strained neck requiring a few weeks in a brace. He suffered C4-5 and C5-6 protrusions and spondylosis. . But, true structural permanent loss of lordosis is usually secondary to advanced degeneration , or structural changes to the bones . $9,500 trial verdict for neck injuries resulting from a minor rear-end accident. Q. You need to find that perfectly balanced bowl of porridge when hiring a law firm, one that aligns with your interests and potential case value. 38 CFR 4.16 b ( "Extraschedular") - This form of TDIU is for . Arizona has a two-year statute of limitations for a car accident personal injury claim. Our lawyers have recovered $200,000+ settlements for these types of injuries, but it is a dogged fight. When you go to the hospital following a car accident, they will often do an x-ray. Keep in mind that the average whiplash neck injury settlement amounts will include $2,000 whiplash car accident settlements and $200,000 whiplash auto accident settlements. As you are reading this article, you likely have a problem with your cervical spine brought on by a whiplash-type injury. European spine journal,18(3), 371-381. A man in New York received a $5,160,916 verdict after being in a hit-and-run car accident case. loss of cervical lordosis car accident settlement These cushion-like discs rest between each bone to prevent your vertebrae from painfully rubbing together, plus they give your spine flexibility to bend, twist, and move. However, if you received delayed injuries and were not aware of their extent for several months, you should confirm your case still falls under the statute of limitations in your state. Yes. Fair or not, many insurance companies will gauge the seriousness of an injury based on the nature and cost of the medical treatment required. What they do know is that they are getting a lot of injections and adjustments and nothing seems to be helping them. We will discuss them each in turn. The x-ray will not rule out a herniated disc or other discogenic injuries. It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Rear end car accident verdict with cervical disc injury, $1,850,000 A cervical vertebrae injury is the most severe of all spinal cord injuries because the higher up in the spine an injury occurs, the more damage that . Also referred to as whiplash-associated disorder (WAD), its actually a type of sprain caused by a tear in the necks delicate ligaments. Similarly, the plaintiff will be more inclined to accept a low settlement rather than run the risk of getting nothing at trial. Helping to stabilize and mobilize the head and neck, the facet joints in the cervical spine can become inflamed and irritated during a car accident. Looking for a record of pre-existing neck pain, theyll also be checking for evidence of any degenerative conditions if you happen to be an older person. Cervical lordosis meaning is that it refers to the normal curve of the spinal cord. Without a medical explanation of the mechanism of injury in your neck injury claim, your case would boil down to I was in a car accident and now my neck hurts, give me money. Meaning, without the jurys understanding of this topic, how much money you get for a neck injury will be negatively affected. For your own sake, if you decide to wing it without a car accident attorney which is a terrible idea for so many reasons do not settle the case in the first 3-4 months. Its important to understand each car accident has varying factors (such as total damages or liability) that impact its overall settlement value. 38 CFR 4.16 a ( "Schedular") - To be eligible for this form of TDIU, the veteran will need to have one condition rated at minimum 60 percent or two conditions that can be combined to reach at least 70 percent, with one condition being a minimum of 40 percent. Such displayed above, they had a military or straight spine shape before the accident, and many of those people had no previous neck-related symptoms. Early documentation of damage (especially if it includes a diagnosis) can increase the value of your back injury settlement. Neck disc injury cases that result in surgery average over $200,000. Lumbar Spinal Injuries from Car Accidents | Max Meyers Law PLLC Verdict/Settlement Amount. With a national reach, we invite you to contact us for help. Would you rather have $30,000 today or $55,000 in 2 years? Treatments discussed on this site may or may not work for your specific condition. Rapid movements such as these can cause serious injury to the muscles, tendons, ligaments, joints and nerves in the cervical spine, where your neck is located. First, this approach only works by showing, not telling, that your case is worth more. The muscles in the neck and shoulders have to work harder to support the weight of the head as the curvature that usually facilitates the even distribution of this weight is lost. The following cases detail some pretty devastating damages as well as the sizable compensation the victims received. Rear end truck accident settlement with cervical disc injury, $2,500,000 $1,200,000 settlement for aggravation of pre-existing neck injury, requiring surgery, after plaintiff rear-ended in an, what the person being sued (the defendant) would be willing to pay, and. This occurs when there is an impact to the face while the head is in a neutral or bent position, and can produce fractures of the spinal processes, damage to the load bearing surfaces, and spine dislocations. A loss of cervical lordosis can absolutely cause neck and shoulder . The constant wave of emotions and fatigue is collectively referred to as pain and suffering. Hyperextension injuries can also cause vertebrae and spine dislocation. $537,000 settlement for a man who required cervical fusion surgery following a car accident. The control group only showed a neck disc arthritis incidence of 6%. Yet 98% of the injured patients had a loss of normal neck curve, 12-14 weeks after the injury. Cervical lordosis is a curvature of the neck from the sagittal or side view. Some symptoms can take up to weeks to manifest. So, the settlement amount for any one motor vehicle accident must be decided on a case-by-case basis. A violent car accident can traumatize the sensitive components of your spine, which can lead to spinal injuries or debilitating back pain. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. 3% (74/2176) 2. Generally speaking, spinal fusion surgery can increase the overall price of a settlement. In Washington, Max Meyers Law can help. In order to understand your symptoms and treatment options, you should start with some understanding of the general anatomy of your neck. The more identifiable symptoms are in your medical records, the more ammunition your lawyer will have to argue for a larger settlement. The cervical lordosis condition can occur to anyone of any age. Upon impact, your head may jerk backwards and forwards, to the side or even be struck by flying debris. Cervical Spondylosis: - Narayana Health When you can file against multiple insurance policies, you have more of a chance of receiving full compensation for your damages. He has been practicing law for 10 years. The surrounding ligaments may also be damaged, affecting the individuals range of motion and movement of their joints. Surgeries involve lengthy hospital visits and require rehabilitation. If spinal misalignment elsewhere in your body is affecting your neck curvature, we may administer other adjustments as well. An attorney is versed in negotiations with the insurance company and trial law, and they can effectively represent you in court. According to clinical research and empirical evidence. In more severe cases, whiplash can cause chronic headaches, dizziness, and vertigo. Rear end bus accident settlement with cervical disc injury, $2,760,000 Neck rotation. Neck injuries range from minor whiplash-like strains and sprains to spinal disk damage and cervical fractures. Bulging disc injuries and herniated disc injuries can also press on the spinal cord, transmitting intense pain to the legs and lower back. Rollover auto accident settlement with cervical disc injury, $128,000 If you give up work permanently or even on a short-term basis, the money lost through unearned wages are recoverable. T-bone car accident settlement with cervical disc injury, $1,500,000 Severe spinal cord damage in the neck can cause partial or total paralysis, or it can cause a victim to lose sensation and reflex functions from the neck down. Rezai, M., Ct, P., Cassidy, J. D., & Carroll, L. (2009). That means, you or your lawyer lawyer cant just write and shout that your case is worth more, or demand more. Multi-Million Dollar Settlement from the manufacturer of a defective automobile. The lawyer has to fight for your case, file a lawsuit, go through depositions, and treat your case like a big case. loss of cervical lordosis car accident settlement If your medical records show no prior complaints of neck pain prior to the accident, it could increase the value of your injury case. At our center, we see many patients with chronic whiplash symptoms. A fracture can heal in a few months. Vehicle accident settlement with cervical soft tissue injury, $93,000 A neck injury caused by hyperextension tends to cause damage predominantly to the soft tissues in your neck. Do Not Sell or Share My Personal Information, how the nature and extent of injuries affects claim value, how the "right" medical treatment increases injury settlement value, determining fault in a personal injury case, finding the right personal injury lawyer for you and your case, Tips for Getting the Best Personal Injury Settlement. Direct impact damage to the soft tissues containing the trachea with larynx, esophagus, and major arteries and veins to both the head and brain. Military Neck (Cervical Kyphosis): Causes, Treatment, and More - Healthline Even if you dont feel as if the level of pain that youre suffering warrants a trip to a doctor or emergency room, you should still seek an opinion from a medical professional. However, a person with pre-existing spondylosis has a much greater risk of intensifying the illness or causing other types of back problems to occur. Whiplash - Symptoms and causes - Mayo Clinic Car accident neck injury settlement amounts related to whiplash can often double and triple, but only after we push the case towards the finish line i.e., into litigation towards trial. The severity of the injury refers to the extent of the injury itself as well as the healing time. Additionally, "hard" injuries like a fractured bone (cervical fracture in the case of a neck injury) tend to result in larger settlements than soft tissue injuries like whiplash or pinched nerve (cervical radiculopathy). How healthy discs herniate: a biomechanical and microstructural study investigating the combined effects of compression rate and flexion. srini devadas linkedin Average Whiplash Injury Settlement | Compensation Payouts This is what the study authors wrote: Whiplash-associated disorder is a common cause of chronic neck pain. $2,840,000 Compensation: Cervical Radiculopathy After Car Accident You later learn you have ligament laxity or other damaged tendons or ligaments which have healed over with scar tissue, and will cause lifelong permanent symptoms. Spinal cord damage can cause you to lose sensation in parts of your body or lose reflex functions altogether. If the plaintiff has little or no evidence proving the defendant was at fault for the accident that led to the neck injuries, the value of the case goes down considerably. Obviously, the individual's case, who underwent the neck surgery, is valued much higher than the . Bear in mind, theaverage settlement amountfor minor neck and back injuries are generally much smaller, such as $10,000 to $100,000. Plus, they can handle the claims or lawsuit process so that you can focus on healing. Whiplash personal injury compensation in an auto tort case is typically between $6,000 to $20,000 when the injuries are not permanent. In the image below are x-rays of a lordotic curve (correct neck curvature) and the gradual loss of lordosis to a straightening or military curve, an eventual reverse curve or Kyphotic curve, and eventual reverse of the reverse curve the S curve signifying cervical spine instability. The truck operator rear-ended the victims car in stop-and-go traffic, causing devastating neck injuries. When extreme force is put on an unhealthy cervical curve during an auto . The challenge is that for decades now, one of the most common neck injuries whiplash injuries has developed a reputation of being a claim raised by fakers and exaggerators. The party that pays your neck injury settlement depends on which avenue you and your attorney chose to take: an insurance claim or a lawsuit. Pedestrian crosswalk accident settlement with cervical disc injury, $660,000 Loss of Cervical Lordosis - ShimSpine The only way to know if youre receiving fair compensation is to ask the opinion of a trained personal injury lawyer. Military neck is an unusual curve in your cervical spine (this is your neck) called cervical kyphosis. For mild cervical kyphosis, your provider will recommend nonsurgical treatment. Once you give them this and they discover hurtful information, there is no undoing that. If the insurance company rejects your claim or offers a counterclaim, your attorney will negotiate with the insurance adjuster to obtain a fair settlement offer. This occurs when the head receives an impact when bent forwards, and produces vertebrae wedge and burst fractures, along with spine dislocations. All of this needs to be monitored and recorded so that it can be integrated into your neck injury compensation settlement. The result is a negative impact on your case and neck injury settlement amount. Along the way, spinal cord injury victims may have several complications, including infection, bleeding blood clots, and pneumonia. How Much Is A Neck Injury From An Auto Accident Worth? | Mahaney Special damages are expenses that are capable of exact calculation. Wallis BJ, Bogduk N., Faking a profile: can naive subjects simulate whiplash responses? Before diving into a lawsuit, your car accident attorney will first attempt to work with the at-fault drivers insurance company to recoup damages. Available medical literature shows there is approximately a 40% chance of your whiplash injuries being permanent if they persist beyond two years. There is some controversy as to whether a straight spine or military neck cervical spinal alignment is the cause of a patients whiplash-associated problems following the injury. Also, if you do not go to the hospital, the insurance company will use that as an excuse to say you were not really hurt. A paper in the Spine Journal (3) examined the significance of cervical sagittal alignment in people who did not recover well or at all from a whiplash injury and found the existence of an association between the constitutional (the functioning) sagittal alignment of the cervical spine and the outcome after whiplash injuries. Tell your doctors, physical therapists, and chiropractors everything you are suffering through so they can document it for your case. In fact, there are eight factors that influence the average settlement for cervical spine injuries. A bulging disc occurs when the outer cartilage of the spinal disc cracks, revealing its soft center. You could end up with $2,000 if you dont hire a lawyer who will protect the value of your claim. The largest amount found was a $1,5 million arbitration award paid to a mentally disabled victim after an accident involving a special transportation bus. If someone else caused your crash, you might be able to recover damages with a personal injury claim. The outcome of every neck injury claim is different and depends upon a unique set of variables, so determining the average cost of a settlement is very difficult. Let your body go through the recovery motions and keep an eye on yourself so that your neck injury settlement amount comprehensively covers everything you went through because of the accident. The man was a passenger traveling in a company-owned truck when the at-fault motorist ran a stop sign and collided with the trucks passenger side. Moral of the story the Best Law Firm may not be the Best Law Firm for YOU.. Estimating the potential recovery with any degree of accuracy is quite difficult for one main reason: at trial, it will most likely be a jury that ultimately decides just how much money the defendant must pay the injured plaintiff. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. Continued. The thoracic spine is your mid-back, from your shoulder blades to the bottom of your ribs. The association between prevalent neck pain and health-related quality of life: a cross-sectional analysis. He experienced arm pain and hand tingling. 3 Rydman E, Elkan P, Eneqvist T, Ekman P, Jrnbert-Pettersson H. The significance of cervical sagittal alignment for nonrecovery after whiplash injury. Average: $462,900. Vehicle accident settlement with cervical disc injury, $30,000 snoopy happy dance emoji 8959 norma pl west hollywood ca 90069 8959 norma pl west hollywood ca 90069 Permanent Injury From Whiplash - X-ray Proof - Dr. Martin Schmaltz The Cervical Spine Research Society. This website, and any viewing, reading, or receipt of the information herein, does not create an attorney-client relationship. Seeking chiropractic help to either reverse the cervical lordosis, or improve the loss of the cervical lordosis, from a car accident can help prevent damage to the soft tissue in the neck and to the sensitive cervical spine ligaments. In 2012, a 31 year old teacher was driving a car in Boynton Beach when was hit by a car that ran a red light. Just like the thoracic and lumbar spine, the cervical spine is incredibly vulnerable to injury during a car crash. The spine has three main sections: cervical (neck), thoracic (middle and upper back), and lumbar (lower back). Rear end auto accident settlement with cervical soft tissue injury, $91,000 Spine,39(13), 1018-1028. An exercise program focusing on cervical extensor muscle strengthening and restoring the balance of flexor and extensor muscles is recommended for patients with loss of cervical lordosis. a congenital disorder. addresses the question of whiplash trauma and acceleration of degenerative disc disease. neck pain, loss of the normal cervical curve, and spinal degeneration But for subjective damages like "pain and suffering," predictions are at best an educated guess based on awards in similar neck injury cases. Not every neck injury case is black and white, and the at-fault driver could blame you for the accident. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Plus, pain medications can cause drowsiness or dizziness, making returning to certain positions dangerous. Whiplash is undoubtedly one of the most common auto accident injuries. The victim sustained serious injuries to his neck and back, which required an anterior cervical discectomy, cervical fusion, and lumbar fusion surgery. The following three major injury types can occur to the neck and cervical spine following a car accident: Fracturing of the cervical vertebrae and damage/rupturing of the ligaments and soft tissue that link the vertebrae together.