Spinal Fusion After Accident: Lawsuits and Settlements

Accidents, whether they occur on the road, at work, or in public spaces, can lead to serious injuries that impact every aspect of your life. Among these injuries, spinal damage ranks as one of the most severe due to its potential to affect your mobility, daily activities, and overall quality of life. 

For many accident victims, spinal fusion surgery is necessary to alleviate pain and restore function. This procedure, which is designed to join two or more vertebrae in the spine to reduce motion and improve stability, often comes with a high cost in terms of medical expenses, chronic pain, and impact on your daily life.

Following spinal surgery, you not only face a challenging recovery period but also bear the burden of medical bills, loss of income, and the need for ongoing care. At the Villarreal & Begum, LAW GUNS, we believe you should not face the financial and emotional burden of a spinal cord injury on your own- let us fight for the maximum compensation you deserve.

Why Hire Us For Your Spinal Injury Claim?

When you’ve suffered a back injury that requires spinal fusion, you face challenges from uncooperative defendants, their attorneys, and their insurance providers. The spinal cord injury lawyers at the Villarreal & Begum, LAW GUNS, know how to help you overcome these difficulties and win the financial compensation you need. Here are some reasons to consider hiring us for your personal injury claim:

• Experienced Legal Team: Our personal injury attorneys have extensive experience in handling spinal fusion claims. They understand the medical and legal aspects necessary to build a strong case and present it to an insurance company.
• Aggressive Representation: We are known for our aggressive representation in and out of court. Our goal is to secure the best possible outcome for our clients, whether through settlement negotiations or trial.
• No Fee Unless We Win: We operate on a contingency fee basis, meaning you don’t pay any legal fees unless we win compensation for you. This policy ensures our interests are always aligned with yours, giving you peace of mind.
• Access to Medical Experts: Our law firm has access to medical experts who can provide valuable insights into your spinal injury, helping to strengthen your case and demonstrate the impact of your injuries.
• Strong Negotiation Skills: With a proven track record of favorable settlements, our experienced attorneys know how to negotiate with insurance adjusters and opposing counsel, ensuring you have the best chance at receiving fair compensation.

Understanding Spinal Fusion Surgery

Spinal fusion surgery is a procedure aimed at relieving pain and improving stability in the spine by fusing two or more vertebrae together so they can heal into a single, solid bone. This surgery can be necessary for various conditions, including degenerative disc disease, spinal stenosis, scoliosis, or accident-related spinal fractures. There are several types of spinal fusion surgeries, each with specific approaches and techniques tailored to the patient’s needs and the underlying condition being treated. Here’s an overview of the different types:

• Posterior Lumbar Interbody Fusion (PLIF): In this procedure, the surgeon accesses the spine from the back (posterior) and removes the damaged disc between two vertebrae. A bone graft is then placed in the disc space, which eventually fuses the vertebrae together. This technique may involve using rods and screws to stabilize the spine while the fusion heals.
• Anterior Lumbar Interbody Fusion (ALIF): Unlike PLIF, ALIF involves accessing the spine from the front (anterior). This approach allows the surgeon to avoid disturbing the nerves in the spinal column. Similar to PLIF, the damaged spinal disc is removed and a bone graft is placed to fuse the vertebrae. ALIF can be used for lower back (lumbar) fusion and may also involve additional instrumentation for spine stabilization.
• Transforaminal Lumbar Interbody Fusion (TLIF): TLIF is a variation of the PLIF technique but involves a slightly different approach to accessing the spine and placing the bone graft. It’s designed to reduce the risk of damaging the spinal nerves and provides the surgeon with a better view of the spine during the procedure.
• Lateral Lumbar Interbody Fusion (LLIF) or Extreme Lateral Interbody Fusion (XLIF): This approach involves accessing the spine from the side (laterally), which can minimize the impact on the back muscles and spinal nerves. It’s particularly useful for fusing the lower vertebrae of the spine.
• Anterior Cervical Discectomy and Fusion (ACDF): For patients with issues in the cervical (neck) region, ACDF is a common procedure. It involves removing a damaged disc from the neck and fusing the adjacent vertebrae. The approach is from the front of the neck, and the procedure can help relieve neck pain and stabilize the cervical spine.
• Posterior Fusion: In some cases, especially for correcting spinal deformities like scoliosis, a posterior fusion might be performed. This involves accessing the spine from the back and placing bone grafts across multiple vertebrae. Metal rods and screws are typically used to hold the spine in place while the grafts promote fusion.

The choice of procedure depends on several factors, including the specific condition being treated, the location of the affected vertebrae, and the patient’s overall health. Recovery can be a long process, often requiring physical therapy, rehabilitation, and further medical treatment to regain strength and flexibility. The initial recovery period may involve a lot of rest and temporary loss of mobility, which can cause financial problems for those with a more physically demanding job.

Accidents That May Require Spinal Fusion Surgery

There are several common reasons for spinal fusion surgery, with accidents and injuries topping the list. They include:

• Motor vehicle accidents
• Motorcycle accidents
• Construction accidents
• Slips and falls
• Sports injuries
• Other types of trauma can lead to severe spinal and nerve damage

If you require this procedure because someone else was negligent, you may be able to file a spinal fusion surgery lawsuit against the at-fault party or parties.

Legal Considerations Post-Spinal Fusion Surgery

While the primary focus post-surgery is on recovery and rehabilitation, you don’t want to overlook the legal aspects of your situation. Legal action following spinal fusion surgery, especially when the need for such a procedure stems from an accident, can help you secure the necessary compensation for medical expenses, lost wages, pain and suffering, and diminished quality of life.

Determining Liability and Negligence

Liability refers to the legal responsibility for the accident while negligence is defined as the failure to take reasonable care to avoid causing injury or loss to another person. Establishing these elements requires a thorough investigation of the accident, which includes gathering evidence such as: 

• Witness statements
• Surveillance footage
• Accident and/or police reports
• Medical records that detail the extent of your injuries 

In many cases, this process involves complicated legal and factual issues. For instance, in automobile accidents, determining who was at fault might depend on local traffic laws and the drivers’ actions leading up to the collision. In workplace accidents, liability might hinge on whether safety regulations were violated. An experienced personal injury lawyer will know how to identify the responsible parties and demonstrate how their actions—or lack thereof—led to severe injuries.

How Can a Texas Spinal Cord Injury Lawyer Help?

A spinal cord injury lawyer knows how to determine liability and negligence as well as accurately value your accident claim. This valuation takes into account not only current medical expenses and lost income but also future treatment needs, such as: 

• Ongoing rehabilitation
• Potential future surgeries
• Living space adjustments to accommodate mobility restrictions

Your personal injury lawyer will handle the entire legal process on your behalf, from filing the accident claim and negotiating with insurance adjusters to representing you in court if necessary. Their objective is to ensure that you receive full compensation for the injuries and financial losses you’ve sustained. This legal support allows you to focus on what’s most important—your health and rehabilitation.

Personal Injury Settlements for Spinal Fusion Surgery Cases

As previously discussed, pursuing a spinal fusion lawsuit begins with establishing negligence and progresses to claiming compensation for the financial losses and damages incurred. When you’ve undergone spine fusion surgery as a result of an accident, available compensation may include:

• Medical Expenses: These economic damages include medical bills for the surgical procedure itself, medications, assistive equipment, and any future medical treatments or surgeries needed. Rehabilitation costs, such as physical therapy, are also covered under medical expenses.
• Lost Wages: This financial compensation accounts for the income you lost while recovering from your surgery and injuries. This includes not only past lost earnings but also lost earning capacity if your ability to work has been permanently affected.
• Pain and Suffering: This non-economic loss acknowledges the physical and emotional distress suffered as a result of the accident and subsequent surgery. While more subjective, it reflects the personal impact of the injury.
• Loss of Enjoyment of Life: When spinal injuries and the resulting surgery impact your ability to enjoy life and partake in activities you once found pleasurable, compensation can be sought for this loss.
• Punitive Damages: In some cases, where the negligence was particularly egregious, punitive damages may be awarded. These are intended not as compensation for the plaintiff, but as a punishment for the defendant and a deterrent against similar future conduct.
• Property Damage: If the accident that caused your injury also damaged your vehicle and other personal property, you may be able to claim the loss.

Spinal fusion settlements can vary widely, depending on the extent of the injuries, and the impact on the individual’s life. While some cases settle out of court, others may require a trial to achieve a fair resolution. Regardless of the path, the aim is to secure a fair settlement that makes it possible for you to rebuild your life post-accident.

How to Choose the Right Personal Injury Lawyer for Your Spinal Fusion Surgery Case

Selecting the right personal injury lawyer to handle your spine fusion surgery case is a critical decision. Here are key criteria and considerations that can help you make this important choice.

• Background in Spinal Injury Cases: Look for a lawyer or law firm with a strong track record in spinal injury cases, particularly those involving spinal fusion surgery. They should have the necessary knowledge and experience to handle the medical and technical aspects of your case.
• Experience and Success Rates: You want a skilled and assertive lawyer with a high success rate in personal injury cases similar to yours is invaluable. Their experience not only in settling legal claims but also in taking them to trial and winning can give you insight into their ability to manage and succeed in your case.
• Client Testimonials: Client testimonials can provide insight into the lawyer’s ability to handle cases and achieve satisfactory outcomes. Positive feedback on the lawyer’s professionalism, communication, and support through the legal process can be a strong indicator of their suitability.

A lawyer’s history of dealing with spinal fusion surgery cases can confirm their ability to manage the challenges your case might present. Similarly, client testimonials serve as a testament to the lawyer’s commitment to your well-being and success.

FAQs

Can I File A Lawsuit If I Had To Undergo Spinal Fusion Surgery Due To An Accident?

For a successful personal injury lawsuit in Texas, you must demonstrate that another party’s negligence directly contributed to the accident and your subsequent injuries. This could involve a driver not paying attention to the road, a company failing to ensure a safe work environment, or a property owner neglecting necessary safety measures.

To file a lawsuit, you’ll need to show the following:

• The defendant owed you a duty of care.
• The defendant breached that duty through action or inaction.
• The breach of duty caused the accident.
• You suffered injuries as a result of the accident, necessitating spinal fusion surgery.

Texas follows a modified comparative negligence rule, which can affect your ability to recover compensation if you’re found partly at fault for the accident. Under this rule, you can still recover monetary damages if you are 50% or less at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you’re found to be 30% responsible for the accident, your compensation will be reduced by 30%. If you’re more than 50% at fault, you won’t be eligible to receive any compensation from the other involved parties.

This law stresses the importance of a thorough investigation into the accident to accurately determine fault and negligence. It also highlights why having skilled legal representation is so important, as the opposing side might attempt to shift more blame onto you to reduce their financial responsibility.

How Long Do I Have To File A Lawsuit After My Spinal Fusion Surgery?

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of Texas personal injury claims (including those involving spinal fusion surgery resulting from an accident), the statute of limitations is generally two years from the date of the accident that caused the injury.

This means you have two years from the accident date to file a lawsuit. Failing to do so within this timeframe typically results in losing your right to sue for monetary damages related to the accident, regardless of the severity of your injuries or the clear negligence of the other party.

It’s important to note that the clock starts ticking on the date of the accident, not the date of your surgery. Given the duration of recovery from spinal fusion surgery, you should begin the legal process as soon as possible after the accident.

Speak to a Texas Spinal Cord Injury Lawyer Today

Whether you are just beginning to explore your legal options following spinal fusion surgery or are ready to pursue a lawsuit, we are here to provide the support, guidance, and representation you need. From determining liability and negligence to reviewing medical records, negotiating settlements, and advocating for you in court, our team is committed to securing the best possible outcome for your case.

If you or a loved one has undergone spinal fusion surgery due to an accident, contact the Villarreal & Begum, LAW GUNS, today for a free consultation. Let us put our experience, aggressive representation, and commitment to justice to work for you. To get started, call (210) 800-0000 or contact us online today.