There is no average settlement for pinched nerve cases. The amount depends on what nerve is pinched, how severe the problem is, and how it has interfered with your life. Your car accident lawyer can research your crash and prognosis to determine what settlement amount fits your situation.
Where is the Pinched Nerve?
The location of the pinched nerve and the areas of the body that it affects can have a bearing on what you may receive in a settlement. For instance, you could feel pain, numbness, or weakness in any of the following:
The result could be different for each person. If a pinched nerve in your lower back causes leg pain, standing for long periods at work could be difficult or even impossible. On the other hand, a pinched nerve that affects the wrists could force an office employee to miss work. Pinched nerves in the neck may interfere with driving or basic tasks like dressing or bathing.
While these injuries warrant compensation for victims, some cases are more debilitating or immobilizing than others. The Mayo Clinic highlights that pinched nerves can be a symptom of another issue, such as a herniated disk or whiplash. In that case, more rest, time off work, and medical intervention may be necessary for recovery.
Temporary Vs. Permanent Damage and Chronic Pain
Victims can heal some pinched nerves in a few weeks by relieving pressure on the nerve. However, the longer there is pressure on the nerve, the higher the risk for chronic issues due to nerve damage. In addition, the more permanent the damage, the more your settlement will need to account for future costs associated with the injury.
Chronic pain due to nerve damage could be a lifelong consequence. Receiving only the “average” settlement could mean you don’t have access to funds for treatment years down the road, such as:
- Long-term medications
- Pain relief shots
- Regular specialist visits
- Alternative medicine
Some pinched nerve injuries, such as slipped disks and whiplash, also carry the risk of recurrence. According to the University of Rochester Medical Center (URMC), whiplash can also seem similar to other health issues. The onset of symptoms can be delayed, too, putting you at risk for more damage and propensity for this type of injury.
These are all considerations we take into account when reviewing and negotiating settlements. We don’t just look at your symptoms now. Your team looks at your symptoms weeks, months, and years from now to ensure we pursue damages for the future.
How Medical Damages are Calculated
Your settlement amount will therefore reflect what kind of treatment you need to reach your maximum medical improvement, such as:
- Doctor’s visits
- Diagnostic testing
- Prescription medication
- Medical equipment
- Chiropractic care
- Physical therapy
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How has the Pinched Nerve Affected Your Life?
Your settlement should also account for how the injury influenced other areas in your life beyond the medical. For instance, a pinched nerve that significantly interferes with work could warrant compensation for:
- Lost wages
- Occupational therapy
- Permanent disability
- Diminished earning capacity
In addition to these damages, we will consider how your injury’s impact on work has affected dependents. For example, a primary wage-earner may be entitled to more compensation than a single adult with no dependents. If a family member needs to stay home to help you with your injury, that could also be included in your settlement.
Some other factors that affect settlement amount are:
- Medical history
- Pre-existing conditions
- Mental health
For instance, being immobilized by a pinched nerve in your back could aggravate anxiety or depression and require additional medication or therapy. These consequences are related to your accident.
Other Non-Economic Losses
Non-economic damages are for the more abstract consequences of your pinched nerve injury. This includes compensation for:
- Pain and suffering
- Loss of consortium
- Changes to quality of life
- Emotional distress
Florida does not have a cap on pain and suffering damages in car accident cases (Florida Statutes § 768.28), which means this part of your settlement can be tailored to your situation. Chronic pain, trauma, and impact on your life can be factors in these non-economic damages, making this aspect personalized to each individual.
Loss of consortium is a legal term for how injuries affect your relationships. If your pinched nerve caused permanent nerve damage, giving you chronic pain in your back that now prevents you from some intimacies with your spouse, that could qualify you for loss of consortium damages. You can also receive these damages for changes to parent-child relationships due to the injury.
Your Settlement is About what You Suffered
There is no average settlement for pinched nerve injuries after a car accident because what you receive is dependent on what you experienced. At the Law Offices of Anidjar & Levine, we take that seriously, providing personalized attention to our clients.
That includes a free case review to get started. Call our office now.
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