If you had to undergo spinal fusion surgery following an accident caused by negligence, the fact that you required such major treatment could positively impact the value of your settlement.
Because spinal fusion surgery can be proof of serious injury, defendants might be more willing to settle out of court at a fair amount. That said, you must still be able to establish that the damages you incurred and your need for spinal fusion surgery were because of the defendant in your case. Otherwise, they might not agree to compensate you for your losses out of court. If you choose to take your case to trial, the jury will consider your medical records, including those pertaining to your spinal fusion surgery. Such evidence could convince a jury to give you a substantial award that compensates you for the economic damages you have incurred in addition to the pain and suffering you have experienced following an accident.
You can call Rice, Murtha & Psoras today at (410) 694-7291 to get a free assessment of your case from our Maryland personal injury lawyers.
How Can a Spinal Fusion Impact the Value of Your Injury Settlement?
Spinal fusion is a very serious surgery, the purpose of which is to permanently fuse bones in the spine so that they do not move. Such surgery might be necessary after an accident that leaves a victim with back or neck injuries. If you had to get spinal fusion surgery following an accident, how might that impact the value of your settlement?
Because spinal fusion is a major surgery, it is typically only suggested by specialists in situations where victims have severe injuries or pain from an accident. The fact that you got spinal fusion surgery at all could indicate to the negligent party that your injuries are very serious. Furthermore, the damages that result from spinal fusion surgery alone might be substantial, increasing your injury settlement.
Whether or not the defendant in your case is influenced by the fact that you got spinal fusion surgery might be another thing altogether. Despite being proof of the fact that you had serious injuries to the back or neck, requiring you to have your bones permanently fused together, the defendant might believe that they have evidence of their own that diminishes or erases their liability for your injuries. Because of that, our Baltimore personal injury lawyers must be prepared to provide additional evidence to leverage during settlement negotiations. When faced with considerable evidence of negligence, the defendant might be more willing to settle out of court at an amount that fairly compensates you for your injuries and damages, including those from spinal fusion surgery.
Establishing Your Damages from a Spinal Fusion Surgery
Spinal fusion surgery is likely to come with various damages that could factor into the value of your injury settlement. Being able to prove that you incurred such damages as a result of the defendant’s negligence will be crucial for your recovery.
The cost of spinal fusion surgery can be staggering for injury victims. Depending on the scope of your surgery and the specific injuries you sustained during an accident, your recovery time might differ. Furthermore, certain actions, like bending or twisting at the surgical site, might be impossible for those who have had spinal fusion surgery. Victims might need long-term physical therapy following the surgery, which can also be compensated in an injury settlement.
Then, there are the emotional damages that come with spinal fusion surgery. Depending on a victim’s surgery and injuries, they might be physically impaired for some time, leading to loss of enjoyment of life or other non-economic damages. The mental and emotional turmoil that might accompany a major surgery like spinal fusion can also be compensated in an injury settlement, depending on the case. Sometimes, to recover non-economic damages, victims have to go to court.
If you were injured because of negligence, you likely incurred other damages on top of those stemming from your spinal fusion surgery. For example, you might be unable to return to work at the same earning capacity because of your injuries. You might need in-house care or other support during your physical recovery. All of these costs can be compensated when you sue a negligent party for injury.
Can a Spinal Fusion Impact the Value of a Jury Award in Your Injury Case?
When juries are faced with the truth of a victim’s injuries and treatment, they may be more likely to give a plaintiff a more substantial award than what might have been available in an out-of-court settlement with a defendant.
If the defendant is unwilling to settle at an amount that properly compensates you for your damages caused by an accident, including spinal fusion surgery, we can take your case to court. When we do this, we will present our evidence of negligence in front of a judge and jury. The jury will also see evidence of your damages and medical treatment. Our Ocean City, MD personal injury lawyers can explain the seriousness of spinal fusion surgery and enlist medical experts to shed light on your anticipated physical recovery and any physical limitations you might experience throughout your life because of your injuries.
When calculating your award, the jury will consider all proof of damages you are able to provide. This will include bills from your spinal fusion surgery and any other medical treatment you have received for your injuries. The jury will also consider your pain and suffering based on evidence like your personal statements. Depending on the state you live in, non-economic damages may be capped. For example, in Maryland, compensation for pain and suffering in most injury claims is limited to $935,000. Economic damages are not typically not capped, allowing victims to recover damages for all financial losses.
Contact Our Attorneys About Your Injury Claim Now
The Towson, MD personal injury lawyers of Rice, Murtha & Psoras can evaluate your case for free when you call (410) 694-7291.