Spinal fusion surgery after St. Louis car crash compensation
Here's a breakdown of the medical and legal aspects of seeking compensation for spinal fusion surgery after a car accident in St. Louis:
Medical Considerations:
- Spinal Fusion Surgery: This surgery involves permanently joining vertebrae together to stabilize the spine. It's a complex procedure often performed to address spinal fractures, disc herniations, or spinal instability caused by injuries.
- Severity of Car Accident Injuries: The severity of your spinal cord injury sustained in the car accident will determine if spinal fusion surgery is necessary. Doctors will consider factors like pain, nerve damage, weakness, and loss of function.
- Documentation: Maintain detailed medical records documenting your injury, diagnosis, treatment plan, and the need for spinal fusion surgery. This will be crucial evidence for your compensation claim.
Legal Considerations:
- Establishing Liability: To receive compensation, you need to prove the other driver's negligence caused the car accident and your subsequent injuries. Police reports, witness statements, and accident scene photos can support your claim.
- Damages: Compensation can cover various damages, including:
- Medical Bills: This includes past and future medical expenses related to the car accident and spinal fusion surgery.
- Lost Wages: Recover compensation for wages lost due to the injury and recovery from surgery.
- Pain and Suffering: This includes compensation for physical and emotional pain caused by the accident and ongoing injuries.
- Loss of Earning Capacity: If your injuries limit your ability to work in the future, you might be entitled to compensation for lost earning potential.
Building Your Case:
- Evidence: Gather evidence linking the accident to your spinal injury and the need for surgery. This includes medical records, doctor's reports, diagnostic test results (X-rays, MRIs) that document the extent of damage, and any expert opinions supporting the surgery's necessity.
- Causation: Your lawyer will establish a clear connection between the car accident, your spinal injury, and the need for spinal fusion surgery. Medical evidence demonstrating the injury wouldn't have occurred without the accident is crucial.
Comparative Negligence in Missouri:
Missouri is a pure comparative negligence state. This means that if you are found partially at fault for the accident, your compensation will be reduced based on your percentage of fault attributed. For example, if you're deemed 10% at fault, your total compensation award would be reduced by 10%.
Benefits of Legal Representation:
- Medical Expertise: A lawyer experienced in car accident and spinal injury cases can work with medical professionals to understand the complexities of your injury and the necessity of spinal fusion surgery.
- Negotiation and Litigation: They can negotiate aggressively with the at-fault driver's insurance company to maximize your compensation. If a fair settlement isn't reached, they can represent you in court.
- Understanding Complexities: Spinal injuries and their long-term consequences can be complex. A lawyer can navigate legal nuances and ensure your claim considers all potential damages.
Finding the Right Lawyer:
- Experience: Seek a lawyer with a proven track record of handling car accident cases involving spinal injuries and spinal fusion surgery.
- Communication: Choose a lawyer who can clearly explain complex legal concepts and keep you informed throughout the process.
Disclaimer: This information is for general knowledge only and does not constitute medical or legal advice. Consult with a qualified medical professional for diagnosis and treatment recommendations, and an experienced personal injury lawyer for specific legal guidance regarding your situation.