Should I Get Spine Surgery after my Car Accident?

Overall, herniated discs are the leading reason for back surgery after a serious accident, like a car crash or rollover. Disc herniation can cause severe, chronic pain and nerve damage in your back due to the friction between the discs when the cushioning fluid between the bones leaks out. If there is severe impairment, it’s possible that the ruptured disc will need to be repaired or replaced, which can only be done through surgery.

Persistent pain and serious mobility issues can also be caused by spinal compression fractures. This condition is caused by the vertebrae in your spine cracking from compression, which weakens the bone. Spinal fractures can happen naturally from osteoporosis. However, some people sustain this type of injury due to blunt force trauma from a car accident. With this type of injury, surgeons typically recommend spinal fusion surgery, kyphoplasty, or vertebroplasty. Surgical procedures for the spine come with heavy costs that can cause you to struggle financially for many years into the future. You should not be responsible for these expenses if someone else is responsible for the accident that caused your injuries. A skilled California auto accident lawyer can help you file a lawsuit and hold the other driver accountable for their actions.

There are numerous types of surgeries for the back that you can discuss with your doctor. The 5 most common back surgeries are:

• Spinal fusion – the fusing or joining together of multiple vertebrae, which can help relieve pain and improve mobility for injuries like spinal fractures and herniated discs.
• Vertebroplasty – a procedure where a bone cement compound is injected into the vertebra to repair a spinal fracture.
• Kyphoplasty – the insertion of a balloon to inflate the vertebra and make room for a bone / cement mixture that will repair the fractured area.
• Discectomy – a complete removal of the herniated disc
• Laminotomy (or laminectomy) – removing some of or the entire lamina that covers your spinal cord, thereby relieving pressure on that area

These surgeries have become less invasive over the years with much better success rates, but they are undeniably major procedures that require weeks or months of recovery. Most people are unable to work or do a lot of things they do on a normal basis during this time. This means you are likely to have significant loss of income and other disruptions to your life. If you needed back surgery due to a car accident caused by a negligent driver, you have the right to demand compensation with help from a car accident lawsuit attorney.

On average, how much you can receive from a car accident insurance claim resulting in a back injury can be anywhere from $80,000 to $1,000,000. Of course, there are cases with milder forms of back injuries, and these may be settled for under $50,000. However, we have also recovered settlements in excess of $3,000,000 for severe, disabling injuries that cannot be fixed, even after a spine surgery procedure.

The actual value of your lawsuit depends on many factors, which include:

• Your current and future (projected) expenses related to your back injury
• If there were other injuries you sustained aside from what happened to your back
• Negative consequences to your personal and professional life.
• PTSD and other mental health issues resulting from the accident.
• Level of negligence (gross negligence or deliberate misconduct) by the other party.

Any type of surgical procedure on your spine is a major investment in terms of money, recovery time, and the risks involved. That’s why you should explore all other options before choosing surgery, though ultimately, only you can decide what’s in your best interest. While we are not medical professionals, we can help you sue the individual that caused the accident for monetary damages, like pain and suffering, current and future medical expenses, and income lost from your job.

Auto accident claims can take between 6 and 12 months before a settlement is reached between the involved parties. Some of these cases are settled within a few months, but that’s unlikely if you have serious injuries that require invasive treatments, like spine surgery. Because of the long-term medical treatments and monetary losses that are involved, it can take between 12 and 24 months to settle these cases, and even longer if the case is tried before a judge and jury. Less than 5% of all personal injury lawsuits go to trial, so chances are, your case will be settled without intervention from the court.

Injury claims for accidents caused by a careless or reckless driver have a 2 year statute of limitations. Essentially, you are given 2 years under California law to file a claim for compensation, starting from the date of the accident. There are very few exceptions to this rule, so it’ more than likely that your right to sue will be invalidated by the court if you fail to file a lawsuit within this window of time.

One other issue that may be of importance to you is the 6 month deadline for accident claims against the government. Perhaps the car that hit you was owned or operated by the city police or the county fire department. Or, you sustained injuries due to careless operation of a vehicle by a city contractor. These are examples of negligence by the government, and unlike a standard personal injury claim, you only have 6 months to submit the necessary paperwork. Due to the tight deadline and the complications involved in suing the government for an accident, please seek help from a personal injury lawyer as soon as possible.

Frankly, most people are aware of the benefits that come with legal representation, especially if they have serious injuries that require long-term medical care. But it can be very expensive to pay for a lawyer upfront, and that’s why so many people end up being cheated out of the compensation they deserve.

To make things as easy for you as possible, our law firm will charge you $0 to hire an auto accident injury attorney. Then, we will ask the negligent driver to cover all legal fees as a part of your settlement. If it turns out that we fail to recover your payment, we eat the costs and you walk away without paying us a single cent.

If you’re interested in exploring your rights and legal options with one of our attorneys, contact our office right away.

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