Chronic back pain can range from a minor inconvenience to so debilitating that you can hardly move. While severe back pain can be caused by age and degeneration, it is also often caused by a traumatic injury to your back as the result of an accident. In any of these cases, spinal fusion surgery may be recommended to help stabilize your spine and ease any back pain.
During spinal fusion surgery, two or more of the vertebrae in your spine are fused together to help eliminate movement in your back. This fusion helps to prevent any abnormal motion of your spine that causes pain. In addition to fused bone, the vertebrae are usually held together by screws, rods, and plates that help keep the affected segment of spine immobile. Spinal fusion surgery can be done on any area of the spine, from the cervical spine in the neck all the way down to the sacral spine between your hips.
Spinal fusion surgery is usually a last resort once other, more conservative methods of treatment fail to relieve your back or neck pain. This type of surgery is extremely invasive and often requires a long recovery time, with months of rehabilitation and an inability to work or go about your normal daily routines.
If an accident led to your spinal fusion surgery, you have a right to hold the at-fault party responsible and seek financial recovery for your injury.
Damages in a Spinal Fusion Injury Case
Many people who get spinal fusion surgery make a strong recovery and experience a substantial decrease, or even elimination of, pain, while others continue to experience pain either from the initial cause of the pain or complications from the surgery. The costs of both the surgery and future medical care depend on the facts of your specific case, so it’s necessary to assess both the short- and long-term damages associated with your surgery in order to pursue the right damages.
Given the length of recovery associated with spinal fusion surgery and the variety of ways that it can impact your life — from employment to childcare to daily function — there may be a wide variety of long-term financial and other intangible consequences. In addition to reimbursement for future medical consequences and costs, you can also seek reimbursement for lost earnings and lost earning capacity.
Spinal fusion accident lawyers can help you determine the amount of damages you may be able to recover and work with your medical providers to show that your accident resulted in the need for spinal fusion surgery. They will also make sure you have access to relevant documentation and medical records that show any tangible costs associated with your injury to help you get the best recovery possible.
What Factors Can Affect Your Spinal Fusion Injury Case?
Spinal fusion surgery, also known as anterior cervical discectomy and fusion (ACDF) and transforaminal lumbar interbody fusion (TLIF), can be complicated, often requiring multiple-level fusions to get the best results. Even successful surgeries can result in residual issues like pain and limitations in your range of motion. In addition to these variations in both the surgery and its outcomes, there are are many factors that can affect the amount of your settlement, including:
- Complications from spinal fusion surgery. While most spinal fusion surgeries are successful, complications are possible. There may be a chance that the bones don’t properly fuse or the pain doesn’t subside, and a second surgery may be required. You can even have complications after a successful surgery and experience adjacent segment disease that requires another spinal fusion. Both the surgery and any complications — as well as whether the injury will worsen, stay the same, or resolve over time — will be taken into account when determining your financial recovery.
- How the surgery affects your ability to work. You will need to take time off from work and other responsibilities to recover. The length of time depends on your injury, how quickly your body heals from the surgery, and any ongoing complications. Because of this, you may be entitled to reimbursement of lost wages and future earnings.
- What caused your need for spinal fusion surgery. You will need to show that the other party’s actions caused or aggravated an injury that led to spinal surgery. How much you can recover depends on whether you were partially at fault for the accident or had a preexisting condition that was aggravated by the accident.
- How much insurance will pay out. Many insurance policies have a limit on how much they’ll pay out in damages. If your losses are above the coverage limits of the other driver, the driver is considered underinsured. If the other driver has no insurance at all, they are uninsured. While your policy may include underinsured and uninsured motorist coverage, it may not, in which case you’ll need to find other sources of recovery.
How a Lawyer Can Help with Your Spinal Fusion Injury Case
Spinal fusion injury cases can be quite complicated, and there are many different factors that come into play as you recover. You’ll need to show the long-term consequences, both physical and financial, of your spinal fusion surgery, which can often be difficult to prove.
A spinal fusion accident lawyer can work with experts who will establish what those consequences will be and help determine things like your future loss of income. Your lawyer will help manage your communication with insurance providers and gather evidence to prove that the accident caused your injuries or aggravated preexisting spine issues.
Your attorney will also work closely with your medical providers, who can explain the severity of your injury, why spinal fusion surgery was needed, and any complications that arose. They will also talk through your options for paying for your spinal fusion surgery and any subsequent surgeries, which may include:
- Anterior cervical discectomy and fusion
- Anterior lumbar interbody fusion
- Lateral lumbar interbody fusion
- Posterior lumbar interbody fusion
- Scoliosis fusion surgery
- Transforaminal lumbar interbody fusion
Based on all of this information, your lawyer will evaluate how much compensation is possible and work hard to get you the financial recovery you deserve.
Why Hire FVF to Help with Your Spinal Fusion Injury Case?
Our experienced spinal fusion accident lawyers at FVF Law know that spine surgery is a major life event, and we understand the complications and long-term consequences that can arise. Whether you’re worried that you’re going to need spinal fusion surgery, your doctor recommended it, or you already had the surgery, we are here to help you on your path to recovery.
We aim to not only help you understand the best way to maximize your financial recovery, but also offer support and guidance in the midst of difficult circumstances. Contact us today to schedule your free, no-commitment case consultation.