Spinal column injuries are some of the most painful an accident victim can endure. Although injuries to the cord get a lot of attention, other parts of the column can be injured in a car crash. Spinal fractures and herniated discs often lead to spinal instability, which requires spinal fusion surgery. Contact our office to speak with an Atlanta personal injury lawyer about your case. This is an expensive injury, and you should receive fair compensation from the party responsible for your injury.
What is Spinal Fusion Surgery?
“Fusion” means joining two things together. With spinal fusion surgery, your surgeon will fuse together or more two bones in your spine to add stability and limit your range of movement. By preventing movement, you keep the bones from pinching nerves or grinding against each other.
Many patients need spinal fusion surgery when they have damaged the discs which normally provide cushion between the vertebrae. These discs can tear in accidents, but they do not regenerate or repair themselves. By fusing together two vertebrae, your surgeon can reduce the pain you feel, allowing you to flourish.
Spinal fusion is also recommended when the vertebrae fracture or if they become too loose. Bone grafts can stabilize the spine so more catastrophic injuries do not occur.
This is a major medical intervention. Doctors do not lightly recommend fusion surgery. Instead, you might try conservative treatment first, such as corticosteroid injections to reduce inflammation, along with physical therapy to strengthen your back muscles. Unfortunately, conservative treatment might not work, or it provides only a temporary relief from pain, making surgery the best option.
Accidents Which Lead to Spinal Fusion Surgery
Any type of traumatic accident can damage the spinal column so that a victim needs fusion surgery:
- Rollovers
- Rear-end collisions
- T-bones
- Truck accidents
- Pedestrian accidents
- Motorcycle collisions
- Falls, in particularly falls from one level
- Product defects
These traumatizing accidents can damage either the spine in your neck or back. The immediate symptoms are pain, especially blinding pain when you try to move your head or twist your back. Your doctor will order imaging tests to see what is wrong with the spinal column.
Average Cost of Spinal Fusion Surgery
The cost of medical care continues to surge upwards. According to one site, the average cost of spinal fusion surgery in Georgia is $40,590, which does not include the cost of diagnosis, anesthesia, or follow-up care.
Generally, a person’s health insurance should cover this procedure if a doctor recommends it. However, if you were hurt in an accident, you can seek compensation for medical expenses (including surgery) from the person liable for the accident.
This surgery is not without complications. Your body might reject the bone graft, which could require a second surgery. Other patients develop an infection while in the hospital.
Factors in a Spinal Fusion Settlement Case
Did you suffer a slipped disc or spinal column injury in an accident? If so, we can negotiate a settlement for you. Our firm will find evidence to identify the correct defendant and hold them accountable for this devastating injury.
Each case is different, and the “average” settlement isn’t a useful number. Instead, here are the factors which go into determining how much you can request:
- Medical bills for emergency care, prescription medication, surgery, doctors’ visits, and diagnostic testing.
- Future medical expenses, such as help at home, ongoing rehab, or expected future surgeries.
- Lost income and benefits when the injury prevents you from working,
- Loss of earning capacity if your spinal injury will cause ongoing disabilities that limit your ability to work in the future.
- Property damage, including damage to your vehicle.
These are specific damages. We can estimate the amount by looking at bills and car repair estimates. However, you can also receive general damages for other losses:
- Bodily pain and suffering
- Mental anguish
- Reduced quality of life
Another factor impacting a settlement is the defendant’s ability to pay. If you are hurt in a truck accident, the trucking company should have a large insurance policy to cover the settlement. The same is true if you are struck by an Uber. However, regular drivers might only have the state’s minimum insurance and no other assets. That puts a ceiling on the amount you can request.
Will Comparative Negligence Impact a Spinal Fusion Settlement?
Yes. Your lawyer should understand how Georgia’s negligence rules impact settlements. If you were 50% or more responsible, then you will not receive compensation no matter the severity of your pain. That is the outcome dictated by O.C.G.A. § 51-12-33.
Anyone with less culpability—less than 50%–can receive damages, but they are reduced by your share of fault. Suppose you are 35% at fault. Your settlement will be 35% lower.
Our firm knows how to minimize our clients’ negligence. You can expect the other side to try to amplify your own carelessness, which will let them pay you less or possibly get out of paying anything at all. Contact our office for a consultation.
Evidence to Share with Your Personal Injury Lawyer
We are eager to hear more about how an accident has injured you. A lawyer can better serve a client if you share relevant documents and information, including:
- Date, time, and place of the accident. A copy of the police report is great.
- Your prognosis and medical records.
- The names of every doctor or hospital that treated you.
- How the injury is currently impacting your life. Can you sleep at night? Have you returned to work? We are compassionate lawyers who understand these terrible accidents can throw a life upside down.
It’s okay if you don’t have all this information. Reach out to our firm, nonetheless. We can track down documents like police reports and search for other critical pieces of evidence.
Call For a Free Consultation
The lawyers at Stewart Miller Simmons Trial Attorneys believe in making quality legal representation available to those in Atlanta and surrounding areas. To learn more about how we can assist, call us today at (404) 529-3476.