Navigating Back Injury Settlements – Surgery and Non-Surgery Cases

June 27, 2023

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Brent Eames

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Back injuries can be debilitating and significantly impact a person’s life. They can result from various accidents, including car accidents, slip and falls, and workplace incidents. Back injuries may sometimes require surgery, which can be costly and involve a lengthy recovery period. However, not all back injuries require surgery, and receiving a settlement without surgery is possible. This article explores the factors that affect back injury settlements and discusses the options available to individuals who have suffered a back injury.

Causes of Back Injuries

Back injuries are common and can be caused by various accidents, including car accidents, slip and falls and workplace incidents. These injuries can range from mild strains to severe damage to the spine, resulting in chronic pain and disability. Surgery may sometimes be necessary to treat the injury, but this is not always the case. Many wonder if they can receive a settlement for their back injury without surgery. The answer is yes, but several factors come into play.

Factors That Affect Back Injury Settlements

Several factors determine the amount of compensation an individual can receive for a back injury. These include the severity of the injury, the extent of the medical treatment required, and the impact of the injury on the individual’s life. In cases where surgery is necessary, the cost of the surgery and the recovery period will also be taken into account.

Severity of the Injury

The severity of the injury is a crucial factor in determining the settlement amount. More severe injuries, such as fractures or herniated discs, will generally result in higher settlements. However, even minor injuries can result in compensation if they cause significant pain and discomfort or require extensive medical treatment.

Extent of Medical Treatment Required

The amount of medical treatment required to treat the injury will also be taken into account. This includes doctor’s visits, diagnostic tests, physical therapy, and medication. If an individual requires ongoing medical treatment, such as regular chiropractic visits, this will also be considered when determining the settlement amount.

Impact on the Individual’s Life

The impact of the injury on the individual’s life is another crucial factor. For example, if the injury prevents the individual from performing their job or engaging in their usual activities, this will be considered when determining the settlement amount. The individual’s age, occupation, and overall health will also be considered.

Options for Settlement Without Surgery

If an individual has suffered a back injury but does not require surgery, several options are available for receiving a settlement. These include:

1. Negotiating with the Insurance Company

If the injury was caused by another party, such as in a car accident, the individual might be able to negotiate a settlement with the insurance company. This involves providing evidence of the injury and its impact on the individual’s life. The insurance company will then offer a settlement amount, which the individual can accept or reject. Negotiating with the insurance company may be necessary to reach a fair settlement.

2. Filing a Lawsuit

If negotiations with the insurance company are unsuccessful, the individual may need to file a lawsuit. This involves hiring an attorney specializing in personal injury law to represent them in court. The attorney will gather evidence and present the case to a judge or jury to determine the settlement amount.

3. Mediation

Mediation is another option for settling without surgery. This involves hiring a mediator to help negotiate a settlement between the two parties. The mediator will facilitate communication and help both parties reach a mutually agreeable settlement.

Conclusion

Back injuries can be debilitating and significantly impact a person’s life. Surgery is not always necessary to treat a back injury, and individuals can receive a settlement without surgery. The severity of the injury, the extent of medical treatment required, and the impact of the injury on the individual’s life are all factors that affect the settlement amount. It is essential to seek the advice of an experienced personal injury attorney to ensure that the settlement amount is fair and reasonable.

Eames Law Group is a team of skilled personal injury lawyers and workers’ compensation attorneys serving the entire Illinois region. Having successfully obtained millions of dollars in settlements for our clients, we possess the necessary expertise to ensure you receive compensation following an accident. Our clients appreciate our committed case management and exceptional communication skills, as evidenced by our positive reviews. Talk to one of our personal injury lawyers by calling 312-854-7260 now!

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