Visitor Question

Lumbar Spinal Fusion Surgery Needed After Rear End Accident…

Submitted By: Albert (Tampa, Florida)

I was rear ended by a rental car with a $1 million dollar policy limit. The collision aggravated my L5-S1 vertebra. I had lumbar spinal fusion surgery and my doctor recommended cervical fusion at C6-7.

My medical bills are over $220,000. I just had my deposition in the case since it is going to trial. The accident happened on October 9, 2008. What do you think would be the range value of this case?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Albert,

The range of a net compensation in a personal injury lawsuit can vary widely.

Whether the net compensation is as a result of a jury award or a settlement between the parties, there are multiple factors which ultimately determine the amount of money a client is left after all expenses are paid.

If you are represented by an attorney you should rely entirely on what she tells you. She has been working on your case and has so much more information at her disposal than we do.

Although personal injury settlements are often an extrapolation of the medical expenses, there are other factors to be considered. Here is an example…

Let’s say medical bills are $100,000.00 dollars. To attempt a settlement, those medical bills, called “Hard Costs” are multiplied by the traditional number 3x. The gross settlement then would be approximately $300,000.

Of that amount though, there may be $100,000.00 dollars in medical bills which haven’t been paid. That would immediately reduce the available settlement proceeds to $200,000.00 dollars. There also may be additional expenses which must be deducted from the gross settlement before the client is eventually paid.

The amount of money the client eventually receives is sometimes a significant amount, and at other times may be altogether minimal.

It all depends on the agreements you and your attorney have made with medical and other creditors who have not yet been paid.

Too often victims of collisions, medical malpractice and product liability cases believe they should walk away with substantial mounts of money for their pain and suffering. Often times that is not the case.

Settlement and jury awards must be weighed against the amount of insurance in place and available.

Sometimes after creditors are paid there just isn’t very much left for the client.

That’s usually not very fair, but as they say, “it is what it is”.

Hopefully in your case after expenses are paid there will be a substantial amount left to compensate you for the pain and suffering you must have endured, and may continue to endure.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 22, 2011

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One thought on “Lumbar Spinal Fusion Surgery Needed After Rear End Accident…

  1. You need to consult with your attorney of course. Or ask them to recommend a lawyer to give you a second opinion. There are so many variables in a personal injury case.

    Plus your fact pattern is not exactly clear. Also
    I am not familiar with the jurisdiction where a jury might award your damages. It’s best to get an experienced lawyer in your jurisdiction. Hopefully you have chosen an experienced personal injury lawyer.

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