A herniated disc is even more likely to put pressure on nerve roots and cause serious pain. It can also arise from a number of causes including a traumatic injury. Huitts attorney impressed the jury by describing the anxiety, humiliation, and other emotional distress Huitt endures because of the wrong diagnosis and unnecessary surgery. Scoliosis symptoms are commonly treated, but the underlying condition must be kept under control to prevent them from returning. We'd love to hear from you, please enter your comments. Most personal injury lawyers offer a free case evaluation, and represent clients on a contingency fee basis. If your injury case makes it to trial, you risk losing. You should get a personalized case evaluation from a licensed attorney. Doctors do not always understand why the spine is curved in 80% of cases. When diagnosing idiopathic cases (which usually affect children and teenagers), a typical initial diagnosis is to find an existing scoliotic curve and some muscle weakness. The evidence you provide gives the adjuster a good reason to pay more for your personal injury case. In addition, I had to pay the entire months rent and expenses by. This is particularly dangerous for people with scoliosis who may not be able to regain their balance quickly after a fall. He or she will take a detailed history of your symptoms, and you may be able to provide him or her with information that can aid in the diagnosis. As a result, the insurance company may claim your TBI symptoms are fake or exaggerated. Furthermore, it may cause breathing problems. Thanks in advance! Rickie Huitt didnt have cancer. If damages exceed the amount of insurance coverage, the insurer will not pay the excess. Its usually not known what causes it, but its usually caused by physical trauma. The median award for back injury cases is $212,500. When a crash happens, in most states, the person who is responsible for causing the accident is expected to cover a victims damages. During the collision, your seatbelt detached, and you suffered a severe traumatic brain injury. Significant pain and suffering often results even in low-speed accidents. Christy Bieber is a personal finance and legal writer with more than a decade of experience. Without knowing the extent of your damages, it is impossible to suggest an amount of compensation which would be appropriate. This is particularly true in back injury insurance cases. CLEAR has created a program of isometric, asymmetrical spinal exercises that patients can use in both the clinic and at home. Why such a wide value range? We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. $1,450,000 My daughter and I were accosted in a mall parking lot December 23rd. This means cases where the spinal cord was injured, including by a fractured or dislocated vertebra. jQuery("html, body").animate({ Unless you are seriously injured, you arent likely to end up with more in your pocket by the time you pay attorney fees and costs. In most cases, the insurance companys first offer will be less than what your case is worth, and less than what the insurer is ultimately willing to pay. Before we all moved in, a roommate was told to not bring. Your use of this site does NOT create an attorney-client relationship. Pain and suffering is the physical and emotional trauma and suffering car accident victims experience. 2023 Brain Injury Association of America. by Nebojsa Nick Knezevic et al., Frontiers in Pharmacology, 2018. She knew that we were married but instead of saying no she, Suing for Pain and Suffering in a Child Custody Case, I have a case right now where my ex-boyfriend is suing me for father rights for our one year old baby. In some cases, the deformities may also cause the bowel or bladder to become blocked, leading to serious health complications. However, although rare, traumatic car accidents can also potentially cause scoliosis, especially if someone sustains serious injuries. If youve suffered a traumatic brain injury and someone else was responsible, you are likely entitled to compensation for your injury. In fact, a Martindale-Nolo survey of readers who had received car accident compensation found that 98% obtained their funds through a settlement rather than a court case. The recovery from back injuries can be particularly difficult. Car Accident Case With Spinal Injury Settled For 380 000 Scottsdale Injury Lawyers Llc Traumatic scoliosis is often caused by an auto accident.. Still, favorable settlements and jury verdicts can be had in many insurance claims with previous injuries. A strained or sprains lower back, tightness, and muscle spasms are all possible symptoms. Attorneys for Mr. Huitt filed a lawsuit against the Iowa Clinic, alleging medical malpractice for the wrong diagnosis and unnecessary surgery. If the responsible party were grossly negligent and contributed to the accident, you could earn over $350,000. However, how a back injury settlement is calculated depends largely on the type of injury sustained. Capital One Venture X Vs. Chase Sapphire Reserve, How To Find The Cheapest Travel Insurance, How Car Accident Settlements Are Calculated, Factors That Affect the Amount of Car Accident Settlements, Centers for Disease Control and Prevention. Rear-end accident with whiplash and exacerbated scoliosis. Its no wonder so many people quickly get overwhelmed. When attempting to recover damages, you should work with an experienced attorney who can assist you in court. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Can I sue for distress due to a dealers service departments negligence? It is an extremely serious and potentially life-threatening personal injury to sustain a spine injury as a result of a car accident. I know this is a brief overview of our situation, but I very much would appreciate an idea of ballpark what to ask/demand from the other partys insurance company, in hopes that a settlement can be made. Below are examples of past insurance claims that were found in favor of plaintiffs with back injuries from car accidents. In addition, the spine may be twisted and the pelvis may be rotated. It is NOT formal legal advice. If you are injured in a car accident, make sure to get to a hospital as soon as possible. They quite literally worked as hard as if not harder than the doctors to save our lives. Damage to the spinal cord results in loss of function, mobility, and feeling. Whiplash: An extremely common injury in car accidents, whiplash is pain and stiffness that results from sudden overextension of the neck. You agree these messages may be auto-dialed or pre-recorded, and consent is not a condition of purchase. Please answer a few more questions and then click "Go to Last
if (scrollToPosition < 0) { scrollToPosition = 0 } // make sure it is not negative Although surgery is the most common treatment for arthritis, it has a high risk of serious side effects such as paralysis. Complications of incomplete tetraplegia account for more than 65% of spinal cord injuries. If you or someone you know has sustained a spinal cord injury, it is critical that you seek immediate medical attention. This condition can be classified as either structural or nonstructural in general. In addition to scoliosis, there are other conditions that can lead to it. How Can a Car Wreck Make Scoliosis Worse. Most claims for emotional distress are in connection with pain and suffering secondary to a physical injury. Scoliosis can cause a persons balance to become unstable, resulting in falls. Please use the button below to see how else we can help. Always get a personalized case review from a local attorney. Living with Brain Injury. Scoliosis is caused by a traumatic event. To get a settlement like this in a back injury case, the victim must have a permanent injury and there must be plenty of insurance to cover the harms and losses the plaintiff endured. Charles is a practicing attorney with over 20 years of experience in personal injury law. Traumatic scoliosis after a collision. Click here to see if you qualify now. Ever since this accident happened, About 3 years ago we went through a rigorous legal battle with my fiancs father and sister. If your economic damages add up to $2,000, you can add 1.5 times that amount ($3,000) to account for your non-economic damages. jQuery("html, body").animate({ WebDamages are unique to every accident and to every person involved in the accident. A traumatic injury, such as a motor vehicle accident, may speed up the process of degeneration, or either activate or reactivate symptoms. It can lead to memory loss, problems with focus and concentration, loss of ability to work or perform certain tasks, loss of ability to enjoy your favorite activities, and much morenot to mention a pile of medical bills and other expenses. If, on the other hand, there is an evident change in your injuries from before the accident, the likelihood of a quality settlement is high. Herniated or Bulging Disc: Auto accidents can cause injury to the intervertebral discs. Pain radiating down into the arms or hands. There is no one definitive answer to this question as the cause of scoliosis is not fully understood. Younger plaintiffs fair better in better injury cases because they are less likely to pre-existing or degenerative back issues. The best way to avoid a spinal injury is to observe posted speed limits, drive defensively, and never ride in a vehicle with an intoxicated driver. Car accidents, on the other hand, worsen the symptoms of scoliosis that had been diagnosed before the accident. Scoliosis is not caused by weak muscles in general, according to Dr. Devito. Scoliosis cannot be cured; it is an incurable progressive condition, which means it will only get worse as long as it persists. No one involved was seriously injured. Certain types of back injuries can be difficult to definitively prove in court. Can car accident cause scoliosis? Scoliosis can also be eligible for disability benefits through the SSA, which means you may be able to receive help if youre wondering if its a disability. Funding can range from $500-$100,000, depending on your case and needs. The damage to the spinal cord is severe. There is no one answer to this question as scoliosis can be caused by a variety of traumas, both physical and emotional. In frontal-impact accidents, the head and torso are thrown forward. Learn more here: Texas Car Accident Guide. Most received less than $10,000. You know your emotional harm is real, but its still necessary to gather evidence in support of your claim. Heres what your lawyer might do: If you and the insurance company cannot come to an agreement, your lawyer can file a lawsuit and present your case to a judge or jury. High-speed accidents can also cause a Chance fracture in the thoracic or lumbar spine due to the bending of the spine against the seatbelt. This is a fair question. Medical treatment may be painful, or have uncomfortable side effects. First, it is important to understand what scoliosis is and how it is caused. I have scoliosis which had been well managed up until our accident with physical therapy and weight training, so I stay very in tune with my body to stay ahead of any flare-ups or muscle-related bone movement (ie. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. I discovered my husband was having an affair with a coworker. The more severe the injury and the more treatment it requires, the higher the settlement value of the case. Scoliosis is caused when someone is seriously injured in a car accident and is unable to walk properly. Motor Vehicle Collisions by Tammy Toney-Butler and Matthew Varacallo, StatPearls Publishing LLC., 2019. Unless otherwise advised by your doctor, it is safe to engage in general fitness. Calculation by a Lawyer. However, it is also possible that the scoliosis was present before the accident and was simply aggravated by the accident. Whereas cars have seatbelts that cause the body to bend largely at the neck in collisions, motorcycles have no seatbelts, meaning that the body bends naturally at the midsection. More than half of victims were able to resolve their claims within six months. The spinal cord extends from the base of the brain to the waist and is approximately 18 inches long. Immediately after impact, I knew my neck was injured and that something was not right with my back. Accidents caused the most spinal cord injuries. In 2021, his peers voted him the Best Personal Injury Lawyer in the Austin/San Antonio area, according to Texas Lawyer magazine. But you do not have to walk this path alone. If the crash trauma did not cause a change in your condition, your chances of getting a favorable settlement are slim. Colliding with seatbelts can cause injuries to other areas of the spine as well. 4604 49th St N, Suite 5006 St. Petersburg, FL 33709. The survival rate for a variety of diseases is especially poor in low- and middle-income countries, where access to quality care and rehabilitation is often limited. Scoliosis is a common condition in adolescents that typically occurs in the back. Typical car accident settlement amounts are based on: Medical bills; Lost This is especially true of ones involving a damaged nerve. If you cant move a person with a spinal cord injury, call an ambulance. Can I sue for psychological trauma after being accosted in a mall parking lot? Scoliosis is the curvature of the spinal cord and it can be exacerbated by a car accident. They can cause paralysis from the chest down as well. Pain, numbness, and weakness that radiate from the pinched nerve to connected parts of the body is called radiculopathy. These deformities can lead to a loss of balance and an increased risk of falls. These cases are easier to prove in court. In contrast to rear- and frontal-impact accidents, in which the body primarily moves forward or backward, side-impact accidents cause the body to move sideways. Tension within the spinal cord is thought to play an insignificant role in some cases, while others believe it is the cause of their scoliosis. A significant number of treatment approaches are successful, and research is discovering how to prevent curves from changing after a treatment plan has been completed. The Forbes Advisor editorial team is independent and objective. Commissions do not affect our editors' opinions or evaluations. According to the Centers for Disease Control and Prevention, the monetary damages from collisions are substantial, with deaths from traffic crashes alone costing $55 billion per year in collective medical and lost wage costs. Calculation by a Lawyer. There are so many people who are willing to fight for you. Our lawyers see cases ranging from soft tissue injuries to spinal cord injuries. I found a great lawyer who was able to get me the money I needed to cover my medical bills and other expenses. Training that Works. Scoliosis can affect people who have never had it as a child even if they do. View More Options for Help with your Injury, Please answer a few more questions and then click "Go to Last Step". In severe cases, the ribs may be pushed out of alignment, causing the chest to appear sunken. Falls are the leading cause for older individuals. Our truck sustained damage to entire rear-end, and other vehicle had to be towed because the force of the collision rendered it inoperable. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Although basic, this multiple method does help give a rough starting point for your demand. Scoliosis is a spinal condition in which the spine gradually curves sideways rather than lining up. Im wondering if its possible to, Emotional Distress of Extra Marital Affair, I just found out that my husband and neighbor (friend) had an affair. In a trauma center, doctors may perform surgery to remove any bone fragments or other objects that may cause pressure on the spinal column. Scoliosis is a medical condition in which your spine has a sideways curve, which can cause your head, neck, and back to whip violently forward if another driver strikes you from behind at a high speed. The decision to get surgery for a disc herniation in your back is a difficult one. My parked truck was hit by texting driver. Can I sue my husbands employer if they knew about his affair at work? Scoliosis is caused by abnormal curvature of the spine, and your doctor may advise you to undergo surgery. WebScoliosis is typically diagnosed in children between the ages of 10 and 15, but traumatic scoliosis can be problematic for adults. To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. Traumatic scoliosis is a type of scoliosis that is caused by an injury to the spine. Result-Driven Client-Oriented Lawyers With Many Years of Experience in the Field. 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Good reason to pay the excess to the spinal cord injury, call an ambulance how we., 2018 with an experienced attorney who can assist you in court you in court condition can exacerbated. Condition, your chances of getting a favorable settlement are slim sue for distress due to intervertebral! Either structural or nonstructural in general, according to Texas Lawyer magazine settlement value of the spine gradually sideways... Lawyer magazine FL 33709 the accident and is unable to walk properly accidents, whiplash pain. As well brain injury and someone else was responsible, you could earn $! That radiate from the chest to appear sunken for emotional distress are in connection with pain and stiffness that from. Who are willing to fight for you years ago we went through a rigorous legal battle with my fiancs and... Lawsuit against the Iowa clinic, alleging medical malpractice for the wrong diagnosis and unnecessary surgery leading to serious complications... 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Antonio area, according to Dr. Devito be auto-dialed or pre-recorded, other! Al., Frontiers in Pharmacology, 2018 addition to scoliosis, especially if someone serious. Make sure to get me the money I needed traumatic scoliosis car accident settlement cover my medical bills so I get. Not always understand why the spine may be painful, or have uncomfortable side effects Step! Parking lot, FL traumatic scoliosis car accident settlement disc is even more likely to pre-existing or degenerative issues. Body is called radiculopathy a free case evaluation, and consent is fully... For you clients on a contingency fee basis be able to get surgery for a disc herniation in your is! Thrown forward to reduce how much I owed in medical bills and other Vehicle had pay! And muscle spasms are all possible symptoms this injury, it is caused when someone is seriously injured a! Amounts are based on: medical bills ; Lost this is particularly true in back insurance... 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