Expert: Justin Petty - 2/21/2012

Question
I had an ACDF (cervical fusion) @ C6-7 in 2003 with no complications, no treatment other then 2 post-surgical follow-ups.  I was rearended at 45 mph in NC in Oct 2011.  ER visit the following day, continued neck pain & headaches, subsequent MRI to check the fusion revealed 2 HNPs (C5-6 C4-5).  I am now scheduled for a 2-level ACDF in the near future.  Other driver's carrier is in the process of reviewing the meds ($16,000+ to date with surgical est. of $23-25,000).  I have been able to continue work z(only with the aid of narcotics for pain), but have reduced my hours.  I will be out of work for 6-8 weeks following the surgery.  Anticipate 3-4 inch scar on the front bottom area of my neck.   I believe they will tender their limits ($50,000) soon.  I have $100,000 UIMBI coverage.  What are your thoughts on the value of this claim?  I have already received my $5000 med pay limits...which I do not believe affect the UIMBI limits.

Answer
Sharen,

  You have a common, but very hard question to answer.  The only answer is that I can't give you a value without a thorough investigation.  What do you do for a living?  How bad is the herniation mm? What type of person are you? You know, things a jury would want to know.  Also, I'd have to know exactly where this will be litigated so I could at least research tendencies in that area. Anyway. . .


  If you want a guess, I would have to give you a hypothetical. . . If you are a 35 year old stay at home mom, with a prior fusion as described, and then a subsequent rear-ender (speed and amount of damage are arguably not relevant to the severity of your injury), caused the new herniation there and above, then if bonafide medical doctor advises all the treatment was necessary, then I would guess the settlement would be about 1.6 times the hard medicals.  In general, unless there is a venue issue I am not aware of, this will be in the ballbark of a fair offer.  So if you have $45K in necessary medical, then total settlement would be around the $112K - $120K range, not counting future medical, which needs to be proved up by an MD.  So if the prognosis is a full recovery with minimal effects with just some followup post intervention physical therapy, then you may have another $20K of future medical.  So with $150K of available of insurance, you might barely get a fair settlement within the limits. Under-insured motorists is tricky, you might take my suggestion and find a pro to help you.    

Juries are notoriously unpredictable.  Thus, predicting what an injury settlement should be is also somewhat of an impossibility because getting the real answer would require litigation to the point of trial and jury verdict.  Anyway, I'm sure you understand that i don't have all the facts, so the figures I've given you should be considered SUPER rough.  

I hope this helps.