When symptoms of a whiplash injury following a car accident persist for two years or more, the symptoms have a strong likelihood of being permanent. The spine has three main sections: cervical (neck), thoracic (middle and upper back), and lumbar (lower back). For example, if the liable drivers insurance policy limit is not adequate, your lawyer may consider tapping your own policys Personal Injury Protection (PIP) or uninsured/underinsured coverage before filing a lawsuit. There should be cervical lordosis. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. In fact, there are eight factors that influence the average settlement for cervical spine injuries. Kinematics of human cadaver cervical spine during low speed rear-end impacts. Some neck injuries and the pains associated with them will be permanent. What is the average settlement payout for a whiplash injury? Not surprisingly, a lot of these outcomes stem from car accident injury cases: "Valuing" a personal injury case in this context often means coming up with a best guess at what a jury might award the person who is suing for a neck injury (the plaintiff), and then estimating: Regardless of which side is doing the calculating, the two big factors in valuing these kinds of cases are the extent of the plaintiff's injuries and other losses ("damages" in legalese) and how likely the jury is to find the defendant at fault for the accident that led to the neck injury. As you are reading this article, you likely have a problem with your cervical spine brought on by a whiplash-type injury. Weak spinal muscles lose their efficiency in maintaining the alignment of the spine which can lead to a forward shift of the vertebrae. 3% (74/2176) 2. However, if you received delayed injuries and were not aware of their extent for several months, you should confirm your case still falls under the statute of limitations in your state. The muscles in the neck and shoulders have to work harder to support the weight of the head as the curvature that usually facilitates the even distribution of this weight is lost. When you go to the hospital following a car accident, they will often do an x-ray. In the image below are x-rays of a lordotic curve (correct neck curvature) and the gradual loss of lordosis to a straightening or military curve, an eventual reverse curve or Kyphotic curve, and eventual reverse of the reverse curve the S curve signifying cervical spine instability. If you proceed with legal action immediately after sustaining cervical spine damage in a car accident, you likely wont have to worry about your statute of limitations expiring. Sample Spondylosis Car Accident Settlements and Verdicts. There are those people who report numerous whiplash injuries and cannot even remember if they had neck issues before the first of the whiplash injuries or not. Car accidents are traumatic in and of themselves, but suffering cervical spine injuries can create severe emotional duress. Bear in mind, theaverage settlement amountfor minor neck and back injuries are generally much smaller, such as $10,000 to $100,000. If negotiating with the insurance company doesnt work, you might need to file a lawsuit to recoup your damages. Get tips on finding the right personal injury lawyer for you and your case. If a spinal injury or trauma has damaged the spine and caused the loss of cervical lordosis, the injury must be addressed proactively to improve the spine's health . The average first-year cost for a quadriplegic is $1.5 million. Upon impact, your head may jerk backwards and forwards, to the side or even be struck by flying debris. Yet 98% of the injured patients had a loss of normal neck curve, 12-14 weeks after the injury. Remember, you can only file one claim for your injuriesyou cant follow up in ten years seeking more compensation because of an inability to work. This is to rule out that you do not have an acute injury (a serious injury), such as a neck fracture. Another study concluded that the loss of normal lordosis represented mechanical derangement of the . Rollover auto accident settlement with cervical disc injury, $128,000 When you can file against multiple insurance policies, you have more of a chance of receiving full compensation for your damages. So, if a driver is partially at fault for their accident, coverage may be less than the claim amount. This neck instability can also lead to or worsen injury to the facet joint of the cervical vertebrae. Mr. Benyamin has personally helped his clients recover over $10,000,000 in vehicle accident insurance claims in the State of California. Of course, there are also stories from people who have a long history of neck problems and their car accident/whiplash injury turned occasional neck pain, dizziness, vertigo, and radiating pain into a daily event. Muscles, tendons, ligaments, and nerves help maintain the structure and integrity of your spine. Individuals with permanent injury may have to undergo cervical fusion surgery or an alternative type of spinal surgery to repair the damage. Learn more about how the "right" medical treatment increases injury settlement value. Neck Pain can also be caused due to poor sitting posture, degeneration due to normal aging process, and overuse. This website, and any viewing, reading, or receipt of the information herein, does not create an attorney-client relationship. We hope you found this article informative and it helped answer many of the questions you may have surrounding Whiplash associated disorders, Craniocervical Instability, upper cervical spine instability, cervical spine instability, or simply problems related to neck pain. When you are in a car accident hit from behind and whiplash is suspected, getting proper diagnostics is important. Available medical literature shows there is approximately a 40% chance of your whiplash injuries being permanent if they persist beyond two years. The outcome of every neck injury claim is different and depends upon a unique set of variables, so determining the average cost of a settlement is very difficult. This is because of the unique nature of each accident, injury, and individual. He suffered C4-5 and C5-6 protrusions and spondylosis. Whiplash can heal and pain symptoms go away as short as a few weeks, but in some cases, it has been shown that whiplash can last up to a decade. If it impairs, interferes with or severs the spinal cord - which contains the nerves that connect a person's brain to the rest of the body and is protected by the spine - then the injury could result in paralysis. If you are 100% better, or think you are, wait another 30-60 days and see how you feel. Neck injury lawsuits are typically filed when car accident victims do not receive enough from an insurance claim to cover medical costs, lost wages, property damage, and other expenses. Our lawyers have recovered $200,000+ settlements for these types of injuries, but it is a dogged fight. For this reason, the typical neck injury in an accident is a combination flexion-extension injury. A pinched nerve in the shoulder occurs when a nerve is compressed or irritated anywhere along its path, from the nerve root where it emerges from the cervical spine to the area in the shoulder it supplies. BMC public health,16, 13. They are inundated with average injury attorneys who will settle your case fast while leaving money on the table. (2000). If youve experienced a neck injury from a car, truck, ormotorcycle accident, err on the side of caution and contact a reputable car accident lawyer in your area. While our mission is to help as many people with chronic pain as we can, sadly, we cannot accept all cases. The UPS truck driver entered the opposite lane to pass the victims vehicle but was met with oncoming traffic. Johnson G. (1996). Along with this injury came the new onset of symptoms of headaches, vertigo, vision problems, anxiety, blood pressure problems, and other neurologic and cardiovascular-like symptoms. Some of these variables, like property damage, are not genuine and are the subject of disingenuous lowball offers. It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. We discuss them below. It can be as much as 100% or as low as 1%. T-bone auto accident settlement with cervical disc injury, $1,941,000 degenerative disc disease of the cervical spine is from $55,000.00 to $300,000.00 or more if spinal fusion is needed and results in complications. The first two injury types are typically caused by an excess of bending, shearing or displacements produced by force pushing the head and neck away from your upper body. Numbness, weakness, or sensory symptoms in the hands, arms, or legs. Medically, the spine is classified into three sections: cervical, thoracic, and lumbar. Cervical lordosis is a curvature of the neck from the sagittal or side view. $900K Rear-End Car Accident Settlement for a New York photographer hit by a truck at a stop sign. Can the straightening of the cervical spine lead to a worsening or delayed development of whiplash-related symptoms. This is not the time to macho up and play down your symptoms. The trauma from an auto accident can damage both the atlas and the axis, resulting in severe injuries. Car accident settlement with cervical soft tissue injury, $20,000 Vehicle accident settlement with cervical soft tissue injury, $93,000 Many cervical spine injury victims question whether they need an attorney from a reputable law firm to guide them through the settlement process. Uninsured & Underinsured Motorist Accidents, The National Spinal Cord Injury Statistical Center. These are some of the first steps on the road to Degenerative Arthritis. As you are reading this article, you likely have a problem with your cervical spine brought on by a whiplash-type injury. When the impact from such events causes fractures and/or dislocation of the vertebrae (disks of the spine), a . The attorney listings on this site are paid attorney advertising. Ross Hauser, MDCan a car accident cause straightening of your cervical spine? If after that, you are symptom free, then you know the full picture of your injuries and what you are negotiating for. When this happens, it interrupts the communication between your brain and the rest of your body. Keep in mind that the average whiplash neck injury settlement amounts will include $2,000 whiplash car accident settlements and $200,000 whiplash auto accident settlements. . $537,000 settlement for a man who required cervical fusion surgery following a car accident. The only way to get an accurate idea of the value of your injury claim is through aconsultation with an attorney. . Whereas broken bone injuries are an event, whiplash injuries are a process, and take several weeks to complete that process. Rapid movements such as these can cause serious injury to the muscles, tendons, ligaments, joints and nerves in the cervical spine, where your neck is located. If yes, contact a lawyer referral service. A bulging disc occurs when the outer cartilage of the spinal disc cracks, revealing its soft center. The largest amount found was a $1,5 million arbitration award paid to a mentally disabled victim after an accident involving a special transportation bus. Without a medical explanation of the mechanism of injury in your neck injury claim, your case would boil down to I was in a car accident and now my neck hurts, give me money. Meaning, without the jurys understanding of this topic, how much money you get for a neck injury will be negatively affected. Spondylolisthesis is caused by spondylosis, or when a fracture in the vertebra forces the bone to move forward, backward, or over another bone. Arizona has a two-year statute of limitations for a car accident personal injury claim. But, true structural permanent loss of lordosis is usually secondary to advanced degeneration , or structural changes to the bones . Today, were discussing cervical spine injury settlement amounts as well as the factors that can influence your individual personal injury case. These bones run from the base of your skull to the top of your shoulders. February 9, 2023. Firstly, you have the loss of cervical lordosis. We may also prescribe exercises to strengthen neck support or ergonomic practices to help you control your cervical alignment at work. In some states, the information on this website may be considered a lawyer referral service. Cervical vertebrae are especially important, as they contain the atlas (C1) and the axis (C2). $1,200,000 Settlement for Auto Accident Victim With Neck Injuries. Depending on the literature you rely on, some doctors will call it a permanent injury after 6 months or 12 months. But achieving a neck injury car accident settlement is not as cut-and-dry as you may think. Your spine is composed of several different types of soft tissue, including muscles, tendons, ligaments, and nerves. Learn more about how the nature and extent of injuries affects claim value. Loss of cervical lordosis from a car accident - Caring . Unlike minor injuries, an injury that requires spinal fusion surgery averages more than $200,000. Be Careful with Seemingly Not Serious Neck Injuries, Neck Injury Settlements & Verdicts From Vehicle Accidents, Insurance Company Valuations of Neck Injuries, Danger of Early Settlements in Neck Injury Claims, Get Help With Your Neck Injury Settlement, Supporting Citations, Literature & Resources, cervical spine can become inflamed and irritated, Hyperextension soft tissue injuries of the cervical spinea review, Cervical Herniated Disc Symptoms and Treatment Options, Five years after the accident, whiplash casualties still have poorer quality of life in the physical domain than other mildly injured casualties, How healthy discs herniate: a biomechanical and microstructural study investigating the combined effects of compression rate and flexion. IS 3.Permanent Injury From Whiplash - X-ray Proof - Dr. Martin Schmaltz; 4.Your Neck Curvature Will Help You or HURT YOU if You're Involved 5.Correcting Your Cervical Lordosis Can Prevent Whiplash and Neck Military neck is an unusual curve in your cervical spine (this is your neck) called cervical kyphosis. This can cause the neck and shoulder muscles to feel tight and sore. Improper posture and muscular spasm are two important causes for loss of cervical curvature. Your totalwhiplash personal injury settlementtypically relies on the severity of the injury. [Google Scholar] However, a Martindale . As a result, they settle early on for a nominal amount making their whiplash claims payout average much lower than it could be. Neck disc injury cases that result in surgery average over $200,000. The following three major injury types can occur to the neck and cervical spine following a car accident: Fracturing of the cervical vertebrae and damage/rupturing of the ligaments and soft tissue that link the vertebrae together. Yes, whiplash can be a serious injury that can cause you to have lifelong chronic pain that will require medical treatment and possibly physical therapy. In stories, we hear from people, those diagnosed with craniocervical instability following a car accident that caused the whiplash-associated reversal of cervical lordosis, are the stories that suggest something was already going on in their neck and the car accident was the final straw. The person will tell us about a head-on car accident that initially did not cause them any problems at all. There are too many unique factors in any given personal injury case to predict the value of a neck injury claim, but there are commonalities to consider, and lessons to learn from past cases. Car accidents can cause a lot ofserious injuries, and among the most serious are injuries to the cervical spine. You can recover from your initial symptoms of a whiplash injury within a few weeks of the accident occurring. The constant wave of emotions and fatigue is collectively referred to as pain and suffering. Severe spinal cord damage in the neck can cause partial or total paralysis, or it can cause a victim to lose sensation and reflex functions from the neck down. Ringing in the ears that is constant or comes and goes. If you have pain in your neck, you should go to the emergency room or an urgent care as soon as you can. Immediately after an accident, the symptoms of whiplash may not be apparent. A muscle is a band of tissue responsible for movement. In order to understand your symptoms and treatment options, you should start with some understanding of the general anatomy of your neck. If you have already done this, stop reading and call a lawyer ASAP. The at-fault motorist then fled the scene. She was taken to the hospital and complained of neck pain. Lastly, consider the 39-year-old customer service technician who received a $2,400,000 settlement from his accident with a commercial truck. To correct a loss of cervical lordosis, the underlying cause must be addressed. Getting a diagnosis is imperative for making sure that you get the treatment needed that can help you best. Pedestrian crosswalk accident settlement with cervical disc injury, $660,000 They in fact felt fine and had no symptoms, then as a year or two passed their symptoms became progressively worse. If your medical records show no prior complaints of neck pain prior to the accident, it could increase the value of your injury case. Frontera WR, et al . A cervical spinal cord injury may also lead to bleeding, blood clots, and infections, such as pneumonia. T-bone car accident settlement with cervical disc injury, $1,500,000 For example, a victim with serious injuries may experience a significantly decreased quality of life. Physical therapy, such as neck exercises or traction, may provide pain relief and help restore a normal neck curve. For example, if the plaintiff is an avid violin player, but can no longer hold the instrument properly because of the neck injury, his damages based on "loss of quality of life" will likely be higher in the eyes of a jury. For your own sake, if you decide to wing it without a car accident attorney which is a terrible idea for so many reasons do not settle the case in the first 3-4 months. Vehicle accident settlement with cervical fracture injury, $350,000 What they do know is that they are getting a lot of injections and adjustments and nothing seems to be helping them. Similarly, injuries requiring treatment by physiciansas opposed to chiropractors, or even physical therapistsare given more weight by many insurance adjusters. If you suffered a disc injury in your neck and had surgery, that always causes and leaves permanent issues and symptoms. Your attorney will investigate all aspects of the collision and document each detail of the case beforesubmitting a demand letterto the other partys insurer. Call (727) 733-0433 for a cervical lordosis evaluation! The spinal muscles support the spine and keep the spine in place. If your job requires you to stand for hours on end or sit for long periods of time, you may not be able to return to work at all. Auto accident settlement with cervical disc injury, $375,000 However, an auto accident can worsen existing damage and create a disc herniation. When the curve of the spine points toward the front, it's called a lordosis and toward the back, it's called a kyphosis. When neck and back injuries are catastrophic, settlement values can go into the millions. Car accident settlement with cervical soft tissue injury, $23,500 In an average car accident case with a relatively minor soft tissue neck or back injury, the accident victim may expect to receive a settlement anywhere between $2,500 and $10,000 from the at-fault driver's insurance company. The significance of changes to the normal cervical lordosis following an automobile trauma has been the subject of a number of studies. If youre pleased with the settlement offer, thetimeline is expedited, and a check can be released to your attorney. This needs to be kept in mind when claiming whiplash after a car accident, because the neck injury lawsuit settlement should match your injuries. I am wondering if maybe you meant a loss of cervical lordosis. $3,500,000 Car accident neck injury settlement amounts related to whiplash can often double and triple, but only after we push the case towards the finish line i.e., into litigation towards trial. In my experience, the average workers compensation settlement amount for a neck injury that contributes to (worsens, flares up, aggravates, exacerbates, etc.) Special damages are also referred to as economic damages for this reason. Sagittal alignment of the cervical spine: do we know enough for successful surgery?. This means your whiplash settlement should be for a permanent, lifelong injury, not for a 4-6 week minor injury. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. It can be caused by: a degenerative disc disease. As is often the case, signs and symptoms of a neck injury may not appear until several hours or even days after the accident occurred. All of this needs to be monitored and recorded so that it can be integrated into your neck injury compensation settlement. Similarly, the plaintiff will be more inclined to accept a low settlement rather than run the risk of getting nothing at trial. $250,000 settlement for aggravation of a pre-existing neck injury in a car accident. Injury Mechanisms & Criteria, 2001. Yes. Several studies have investigated the cervical spine alignment in asymptomatic subjects and have found that significant proportions did not have lordotic cervical spines. To reiterate, in other words, some people may be walking around with loss of their cervical curve and it is completely asymptotic. The bones that make up your spine are called vertebrae, and these bones are separated by jelly-like cushions called intervertebral discs. When this happens, you can feel pain, weakness, tingling and numbness in the neck, shoulders, arms, hands and fingers. In more severe cases, whiplash can cause chronic headaches, dizziness, and vertigo. A fracture can heal in a few months. A doctor can diagnose if you have a facet joint injury by using a type of injection with a local anesthetic. Then there are the people whose car accident was the clear onset of traumatic reversal of their cervical lordosis. $9,500 trial verdict for neck injuries resulting from a minor rear-end accident. MVA's especially rear-enders cause serious injuries to the body's soft tissues (MUSCLES, LIGAMENTS, TENDONS, and most particularly, FASCIA - especially in the SCM), and can defy most treatment approaches (). Cervical Spondylosis. Loss of cervical lordosis exercises and home tips,Also watch, 5 Best Loss of Lumbar Lordosis Correction Exercises: https://youtu.be/dQNrt98mUG8-----Join . Just like the thoracic and lumbar spine, the cervical spine is incredibly vulnerable to injury during a car crash. Rear-end vehicle accident settlement with cervical disc injury, $535,000 Only then will the insurance carrier look at the case differently and offer an above average settlement payout for your whiplash injury claim. Would you rather have $30,000 today or $55,000 in 2 years? Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Although this injury is not as common, it is visible in imaging such as x-rays, which will help relate the injury to the accident more easily which can help you in claiming whiplash after a car accident. A paper published in The British Journal of Radiology (1) suggested straightening of the C-spine alignment in MDCT (as seen in a multidetector (MDCT) CT scan) alone is not a definitive sign of injury. Serving all of California, with a focus on Kern County, Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Santa Barbara County, and Ventura County. In this image, we see the reversal of the cervical lordosis and the characteristic disc narrowing of disc thinning at the C3-C4, C4-C5, and C5-C6. Physical therapy; ice, heat, massage; soft collar and drugs are first-to-be-tried approaches. Knowing the relationship between this injury and a specific impact type (rear-end accident) can help establish medical causation in your case. A ligament is a band of fibrous tissue that connects bone to bone at your joints. Lane change tractor-trailer accident settlement with cervical disc injury, $1,600,000 Tell your doctors, physical therapists, and chiropractors everything you are suffering through so they can document it for your case. -ABNORMAL CERVICAL CURVE; CAR WRECKS AND LOSS OF THE One of the most common ways to really foul up a cervical curve is to be involved in a MVA (MOTOR VEHICLE ACCIDENT).). The answer is also yes. A violent car accident can traumatize the sensitive components of your spine, which can lead to spinal injuries or debilitating back pain.