About 18,000 new cases of spinal cord injuries (SCIs) happen each year, according to the National Institute of Health. Currently, there are between 255,000 and 390,000 people in the United States who have one.
People who have sustained spinal cord injuries are entitled to compensation. Like other spinal cord injuries, several different factors decide the average cervical spine injury settlement amounts. The presence or absence of these factors will dictate the total settlement value.
Let’s discuss the common elements that affect the amount of cervical spine injury compensation an individual can get.
Severity of the Injury
The severity of the injury is the main factor that determines the amount of the settlement in the case of cervical spine injuries. As the severity of the injury increases, the expected settlement amount also increases.
In case of fractures, dislocations, or damage to the spinal cord, you would probably receive a lot of compensation. Medical expenses, costs of rehabilitation, and necessity for long-term care are some of the factors of a future settlement that insurance companies look at.
If your injury results in persistent agony or lack of mobility, the amount of your settlement also increases. Minor injury settlements tend to be lower since there is not much medical treatment involved. The impact on the daily activities and lifestyle of the injured client will be accounted for when deciding the settlement for a spinal injury.
To get the proper settlement for the pain experienced, the claimant must understand how serious their problems are and deal with the settlement process properly.
Impact on Daily Life
Spinal cord injuries often need long-term medical management, according to Gastonia catastrophic injury lawyer Scott W. Roberts. In some cases, people who had spinal cord injuries had to go to the hospital for problems that happened five years after the injury.
An orthopedic doctor can diagnose and treat spine problems. These medical experts can look at the patient’s medical condition and see if the patient needs to have surgery or bone grafting. The extent of the injury will affect one’s expenses and their everyday life.
People suffering from the injury might have to give up driving and rigorous exercise. Some have difficulty just sitting at the computer for hours. Cervical spine injury victims often find that everyday activities cause some discomfort or simply do not allow for movement.
An individual’s social interactions may be affected too. Cervical spine injury may lead to a person’s isolation, as he/she would have missed several meetings owing to pain or fatigue. It could cause poor sleep, which, in turn, may affect mood, making the person irritable all day long.
The combination of these factors contributes to a greater overall burden on one’s emotional and mental health. It is important to know how these changes influence your life when considering the injury compensation that you might be entitled to.
Medical Expenses and Treatment Costs
The price of the medical treatment and the associated costs are usually very high after the patient suffers a spine injury. The financial impact on the patient could be quite substantial. With every visit for emergency care, consultations, physiotherapy, etc., the costs are pretty high. These costs will also add to the existing bills that the patient already has to pay throughout the recovery process.
Imaging tests, such as MRIs and CT scans, could possibly incur heavy charges. If going for surgery is considered, then the costs will even increase more as the patient will need to pay for hospital stays, rehab, surgery fees, and so on. The costs of medications and other necessary supplies, like walkers or wheelchairs, for the patient’s recovery may also be incurred. All these things are taken into account when determining the amount of your settlement.
It is very important to keep a complete record of all medical-related expenses since they will have a direct impact on the amount of compensation paid for the injury.
Jurisdictional Factors
To effectively negotiate a settlement for a cervical spine injury, you must be aware of jurisdictional factors that are the main parameters and could greatly influence your case. The regulations governing personal injury claims differ in every state. The amounts for the settlements may also vary accordingly. As a case in point, some jurisdictions are under the rule of “comparative negligence,” which will take away a percentage from your settlement corresponding to the degree of fault attributed to you in the accident.
Others might have limits on the awarded damages, which could be the case when it comes to suing the defendant only for pain and suffering. The behavior of local courts and the average settlements in your area can significantly influence your expectations. It is necessary that you become well-acquainted with these factors so that you can plan your moves correctly. Familiarizing yourself with these elements allows you to secure the proper amount of compensation that you are entitled to.
Legal Representation and Experience
Adequate legal representation mainly determines the outcome of your cervical spine injury settlement. A legal professional who is well versed in the field of personal injury knows very well the circumstances of your case. Their expertise in these kinds of cases can help them handle your case’s legal requirements. A skilled lawyer will scrutinize important pieces of evidence that were collected. Their analysis will lead to the establishment of a strong case that can support your claim.
Their legal knowledge allows them to negotiate with insurance companies on your behalf to get the right amount of money for your injuries and losses. An attorney with extensive experience in the field will understand the typical strategies used by insurers to reduce their payouts. Their presence will give you a competitive advantage during negotiations.
Insurance Policy Limits and Coverage
Understanding the limits and coverage of your insurance policy is important when seeking a settlement for a cervical spine injury. Your policy’s maximum payout for damages affects your settlement. In case your coverage is not enough to pay for your medical costs and lost income, you might subsequently end up in financial trouble.
Check your policy clauses and get the advice of a professional to understand what all is covered, including medical bills, rehabilitation costs, and pain and suffering.
If your insurance is insufficient, then one of the few options you basically have is to get insured by another, e.g., the policy bought by the liable party. Informing the insurer about the limit of your policy helps you have a clearer understanding of the situation. It boosts your power in negotiations when seeking a fair settlement.
Having intimate knowledge of the factors affecting a cervical spine settlement will help you to streamline the court process regarding your case.
The settlement will depend on the severity of the injury, the effect that it bears on your life on a daily basis, and additional medical payments.
The rules of the jurisdiction and limits of the insurance policy may definitely influence the settlement so these factors should not be overlooked. These factors have the power to significantly alter the situation, either to your benefit or harm.
If you have a skilled lawyer on your side, you will not only assert your right to compensation but also get your needs taken care of.
