What Is the Average Settlement for Spinal Fusion Personal Injury Cases?

Trusted Content

Legally reviewed by:

Erik Abrahamson, J.D. February 05, 2020

Spinal injuries can devastate your life. They often require extensive medical care and may leave you unable to work.

If you sustained injuries that require you to have spinal fusion surgery, you might want to consider pursuing legal action against the at-fault party.

A spinal fusion lawsuit settlement can ensure you get the treatment you need and cover your expenses when your injuries prevent you from working.

To determine the average settlement for spinal fusion surgery, you must consider a variety of factors. Talking to an experienced personal injury lawyer is the best way understand how much your case could be worth, and what you need to do to maximize your settlement.

Is There an Average Settlement Amount for Spinal Fusion Injury Claims?

average settlement for spinal fusion lawsuit

No two spinal injury cases are alike. For that reason, it is impossible to determine an average claim value for fusion surgery cases.

Even personal injury settlement calculators cannot evaluate all the details of your case. These are clickbait; they do not accurately assess your case.

You could get a better idea of what your case is worth by looking at the outcome of similar cases.

The only way to know the actual value of your case, however, is to have your case evaluated by an experienced spine injury attorney.

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Examples of Spinal Fusion Injury Lawsuit Settlements Achieved by Abrahamson & Uiterwyk

$875,000/ Motor Vehicle Accident/ Pinellas County, Florida

Our client was traveling south on East Lake Road in Palm Harbor, FL when she stopped at a traffic light.  The defendant negligently failed to come to a stop and caused a rear end collision with our client’s vehicle.

After treating for her injuries for about three months, she realized that she needed legal help to fight the insurance company. After seeing our firm’s advertising and looking at our website, she hired Abrahamson & Uiterwyk.

Our client had immediate complaints in her neck and back after the accident, and she sought treatment shortly thereafter. Even though it was fairly clear who was at fault for the accident, the case presented many, many challenges. Challenging cases are something we are accustomed to.

One problem is that our client did not visit the emergency room on the day of the accident. The case was further complicated by the fact that our client had seen an orthopedic surgeon for neck problems not long before the accident and had an MRI scan done.

That scan showed similar findings to the MRI that was taken after the accident. This made proving that the accident caused our client’s neck problems difficult.

After her initial treatment, our client underwent a number of injections in an effort to alleviate her pain, which had been worsening. She later required a neck fusion operation when the injections failed to provide significant relief.

We eventually provided the insurance company with a detailed case summary and suggested a settlement amount taking into account our client’s medical bills, lost wages, injuries and pain and suffering.

The insurance company was very hesitant to fairly compensate our client for her injuries. In fact, the initial offer from the company was a paltry $9,500.

Nevertheless, we continued to aggressively challenge the insurance company and continued to advocate on behalf of our injured client. The insurance company continued to argue that our client’s neck problems were all pre-existing and not caused by the accident.

We negotiated over an extensive period of time. During that time, we hired a forensic radiologist to compare and contrast the MRIs taken before and after the accident. The extra efforts and strategic tactics of hiring a forensic radiologist was helpful. We caused the insurance company to be increasingly concerned about the seriousness of this case.

While the insurer was increasing their offers, we were still not convinced that they were fairly compensating our client. Ultimately, after approximately 20 offers and demands were exchanged, we were able to obtain a $875,000.00 settlement for our client.

For a better idea of how much money you could get from a spinal fusion surgery lawsuit settlement, consider some of the outcomes Abrahamson & Uiterwyk has achieved for past clients:

  • $1,529,282 jury verdict for spinal injuries a client sustained in a Levy County, FL car accident;
  • $875,000 settlement for spinal injuries a client sustained in a Pinellas County, FL car accident;
  • $750,000 settlement for spinal injuries a client sustained in a Duval County, FL premises liability accident; and
  • $525,000 settlement for cervical spine injuries a client sustained in a Pinellas County, FL car accident.

These cases are only a sampling of our achievements over the past 30 years. Our personal injury attorneys have helped more than 20,000 clients, collecting in excess of $300 million dollars in compensation.

Our experienced lawyers get results. When you trust us to handle your spinal fusion surgery claim, you will benefit from our depth of knowledge and personalized level of service.

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What Types of Accidents Can Lead to Spinal Fusion Surgery?

Although any type of serious accident can lead to devastating spinal injuries, the most common causes include:

Depending on the nature of your injuries, you may require fusion surgery for your cervical spine (the neck area) or your lumbar spine (the back).

Any accident that caused significant jolting or jarring to your spine can lead to vertebral fractures, herniated discs, and similar types of damage. For many accident victims, spinal fusion surgery is the only way to treat these injuries successfully.

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What Factors Influence the Value of a Spinal Fusion Surgery Settlement?

The value of any personal injury claim depends on the actual damages suffered by the victim. Some of the most common types of spinal injury damages include:

  • Medical treatment costs,
  • Lost wages and benefits,
  • Diminished earning capacity,
  • Diminished quality of life,
  • Pain and suffering, and
  • Emotional trauma.

Whenever a victim requires surgery after a personal injury, this factor typically increases the value of their claim. The more serious the surgery is, the more compensation you likely stand to recover.

Your claim value can also vary based on your prognosis. If your injuries require ongoing care in the future, your claim will include those estimated costs. Likewise, if you cannot return to work, you deserve compensation for those losses also.

The at-fault party’s negligence can also affect the value of your settlement. For example, a commercial truck driver who drank before getting behind the wheel might be guilty of gross negligence. In that case, your lawyer might pursue punitive damages on your behalf.

Another important consideration is whether you settle your case instead of going to court. Verdicts awarded by a jury are often higher than pre-trial negotiations.

However, going to court means that you will receive your compensation later, and it also carries the risk that you could lose.

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Is Spinal Fusion Surgery Considered a Permanent Injury?

Although spine fusion surgery can improve your condition, it rarely restores your function fully. After fusion surgery, you could experience a permanent loss of mobility and other potential problems, including:

  • Loss of sensation,
  • Decreased strength,
  • Nerve damage,
  • Bone graft rejection,
  • Surgical site infection, and
  • Chronic pain.

Depending on the nature and extent of your complications, you may not be able to return to work. Even if you can go back to work, you may have to accept a lower paying job if you physically cannot resume your prior duties. As a result, you might qualify for full or partial disability. Whether your disability is short-term, long-term, or permanent will influence the value of your spinal fusion claim.

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Does Having Spinal Fusion Qualify Me for Pain and Suffering Damages?

Only your spinal injury accident attorney can answer this question for certain. However, many personal injury victims recover compensation for physical and emotional pain and suffering.

Physical pain and suffering refer to what your body endures as a result of your injuries and the subsequent spinal fusion surgery. Emotional pain, also known as psychological pain, can refer to mental and emotional distress such as:

  • Stress,
  • Fear,
  • Anxiety,
  • Depression, and
  • Anger.

Additionally, some spinal injury victims can even develop post-traumatic stress disorder (PTSD) as a result of their injury accident and its aftermath.

Often, severe spinal injuries leave victims unable to enjoy their favorite sports and leisure activities, perform household chores, or engage physically with their partner. If these conditions are present in your case, your attorney may increase your demand for compensation.

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Why Do I Need a Lawyer to Get a Settlement for Spinal Fusion Surgery?

Florida does not legally require you to have legal representation to seek compensation for a personal injury claim. However, these complex cases require knowledge and experience to document and pursue.

When you trust Abrahamson & Uiterwyk to handle your spinal fusion claim, we will do everything in our power to pursue the compensation you deserve.

We put the wealth of our resources to work for you. To demonstrate the defendant’s negligence and establish liability, we investigate and document your case extensively.

We aggressively negotiate with the at-fault party’s lawyers and insurance company to achieve the best possible outcome for you. And if we can’t negotiate an acceptable settlement, we stand ready to file a lawsuit and fight your case in court.

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Talk to a Florida Personal Injury Lawyer Today

Before you provide any statement to the insurance company or sign any documents accepting a settlement offer, take advantage of our free case evaluation.

If you suffered a spinal injury due to the actions of another party, you might have the basis for a legal claim. If you are facing spinal fusion surgery, or you’ve already undergone this procedure, we can help you get started with the legal process.

Trust the experienced, aggressive personal injury lawyers at Abrahamson & Uiterwyk to assist you. We will work hard to recover an above average settlement for a spinal fusion surgery injury. Contact us now for help.

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