There is no clear average settlement for spinal stenosis. Settlement amounts vary widely based on the severity and impact of the injury.
The confidential nature of settlement figures adds to the complexity of collecting enough data to calculate a true spinal stenosis settlement amount. Even without statistical information, there are ways to estimate the value of your spinal stenosis settlement.
What Factors Influence Spinal Stenosis Settlement Amounts?
Spinal stenosis is a condition in which the spaces within your spinal canal shrink. When the spaces inside your backbone are too small, it can put pressure on your spinal cord, causing cramping of the nerves. Patients with spinal stenosis often experience symptoms such as pain, numbness, tingling, and weakness in their lower back or neck.
If a doctor diagnoses you with spinal stenosis as a result of an accidental injury, you may be entitled to compensation from an at-fault party. How much compensation depends on a variety of factors.
Spinal stenosis settlements compensate for medical bills, lost wages, and related costs based on injury severity. Career and relationship changes may increase damages. Age and dependents influence compensation amounts.
Impact on Quality of Life
Spinal cord damage can have a traumatic effect on your ability to live a normal life. Spinal injuries range in severity from intermittent pain and numbness to full paralysis of the limbs. No matter where your injury falls on the spectrum, your life will never be the same. Examples of daily impacts include loss of:
- Mobility;
- Range of motion;
- The ability to take part in hobbies, sports, or exercise;
- The ability to play with your children or pets;
- The ability to live independently; and
- The ability to sit or stand for prolonged periods of time.
Additionally, the pain caused by a spinal injury can affect your emotional and mental well-being. Pain can keep you awake at night and prevent you from enjoying things you once cherished. Through a spinal stenosis settlement, you could be compensated for the pain and suffering of the spinal injury.
Financial Impact
While money can never make up for a reduced quality of life, a spinal stenosis settlement can help your family financially recover and provide a monetary cushion for the future. The value of your claim can be affected by your financial losses, including the following.
Medical Expenses
Treating a spinal injury is not cheap. Depending on the severity of the injury, your doctor may recommend anything from pain medications to a spinal fusion. Other medical tests and treatments may include:
- X-rays,
- MRIs,
- Chiropractic care,
- Physical therapy,
- Steroid injections, and
- Surgery.
When your injury is severe, you could need years of continuous treatment. Your recovery may also require you to hire a home nurse or modify your home for wheelchair access. Those expenses could be added to your spinal stenosis settlement.
Lost Wages
A spinal injury can have a devastating impact on your career. If you have a physically demanding job, such as construction, your loss of mobility may make it impossible for you to lift or bend. If you work in an office setting, the pain may make it difficult to concentrate or uncomfortable to sit at a desk.
If your spinal stenosis forces you to work fewer hours or take a lower-paying position, your settlement can include the difference between your pre- and post-accident incomes. A settlement may also take into account your potential future earnings had you remained in your previous line of work.
Along with taking time off to heal, recovering from a spinal injury often involves missing work to attend frequent medical appointments.
This can put you in the impossible situation of choosing between your health and providing enough income for your family. A comprehensive spinal stenosis car accident settlement can account for future medical appointments and keep you from making that choice.
Award Examples
While settlement amounts are highly fact-dependent, we may be able to gain insight on the value of a spinal stenosis personal injury claim by looking at settlements and jury awards under comparable circumstances.
Shay v. Hynes-Akil, Contra County Superior Court, MSC-19-01776, 2022
Plaintiff Dennis Shay, was rear-ended by Defendant Jakari Hynes-Akil. Dennis suffered a herniated disc which compressed his spinal cord, causing nerve root canal stenosis, ongoing neck pain, headaches, and arm weakness. Dennis had an MRI five months after the crash due to ongoing pain. The jury awarded Dennis:
- $68,759 for lost wages and medical expenses, and
- $68,0000 for pain and suffering.
Dennis received a total damages award of $137,759.
Khanian v. All Action Security Consulting Group, Los Angeles Superior Court, 20STCV24447, 2020
A young, untrained security guard employed by the defendant body-slammed plaintiff, causing severe injuries. The security guard left his post at a luxury apartment to stop what he believed was a man stealing a woman’s purse.
In reality, the man was the owner of a nearby jewelry store, and the women had stolen earrings in her purse. Plaintiff suffered disc herniations, muscle weakness, and numbness, resulting in a foraminal stenosis jury award of:
- $145,754 for past medical expenses,
- $115,000 for future medical expenses,
- $850,000 for past pain and suffering, and
- $1,200,000 for future pain and suffering.
Khanian received a total damages award of $2,310,754.
Gough v. Belcher, Orange County Superior Court, 30-2017-00907422-CU-OA, 2019
Defendant Robert Belcher placed two pieces of aluminum trim horizontally into the basket of his handicapped electric cart at a home improvement store.
While driving through the store, the trim swung into plaintiff Joseph Gough’s head and neck. After the incident, Gough experienced dizziness, numbness, and a bulging disc. After undergoing several cervical fusion surgeries, Gough sued resulting in a cervical stenosis jury award of:
- $351,585 for past financial losses,
- $220,000 for future financial losses,
- $472,700 for past pain and suffering, and
- $1,954,575 for future pain and suffering.
Gough received a total damages award of $2,998,860.
Statute of Limitations for Spinal Stenosis Claims in California
In California, personal injury claims, including those related to spinal stenosis caused by an accident, must typically be filed within two years from the date of the injury or the date you discovered the injury. This two-year statute of limitations applies to most personal injury cases, including those related to spinal stenosis resulting from accidents such as car crashes, workplace injuries, or falls.
If your spinal stenosis was diagnosed years after the accident or injury that caused it, the discovery rule may apply. Under this rule, the statute of limitations period starts from the date you discovered—or reasonably should have discovered—the condition, rather than from the date of the injury itself. This can be especially important for conditions like spinal stenosis, which may develop or worsen over time and may not be immediately diagnosed following an accident.
Exceptions to the Statute of Limitations in California
While California’s statute of limitations is generally fixed, there are some exceptions that may extend the time limit for filing a claim:
- Minors: If the injured party is under 18 years old at the time of the injury, the statute of limitations is typically extended until the minor reaches the age of 18. In these cases, the injured party has until their 20th birthday to file a claim.
- Incapacity: If the injured person was mentally incapacitated or physically unable to manage their legal affairs at the time of the injury, the statute of limitations may be paused. This period of incapacity can delay the deadline for filing until the person is able to manage their legal rights again.
- Government Claims: If your spinal stenosis was caused by an injury involving a government entity, such as a car accident with a city vehicle, you may be required to file a claim with the government agency within six months of the injury. If this claim is denied, you would then have six months to file a lawsuit.
The Importance of Timely Action
It’s essential to act quickly and consult a lawyer to ensure that you meet California’s filing deadlines. If you miss the statute of limitations, you may forfeit your right to pursue compensation for your spinal stenosis injuries, even if your case has merit. An experienced personal injury lawyer can help determine whether any exceptions apply to your case and ensure that your claim is filed within the appropriate time frame.
By understanding the statute of limitations and seeking legal counsel as soon as possible, you can protect your rights and maximize your chances of securing compensation for your damages.
For a free legal consultation, call (818) 697-1079
Spinal Stenosis FAQs
How Do I Know if I’m Eligible for a Spinal Stenosis Settlement?
Eligibility for a spinal stenosis settlement depends on various factors, including the cause of your condition (such as an accident or workplace injury), the severity of your symptoms, and medical documentation linking your injury to the diagnosis. A consultation with an experienced attorney can help determine your eligibility and next steps.
What Factors Affect the Value of My Spinal Stenosis Settlement?
The value of a spinal stenosis settlement can be influenced by factors such as medical costs, lost wages, pain and suffering, long-term disability, and how the injury impacts your ability to work and enjoy daily activities. An attorney can help assess these elements to provide a more accurate settlement estimate.
How Long Does It Take to Receive a Spinal Stenosis Settlement?
The timeline for a spinal stenosis settlement varies based on case complexity, the negotiation process, and whether a lawsuit is necessary. Generally, it can take several months to a year or more to reach a settlement, especially if the case goes to trial. Your attorney will keep you informed of your case’s progress.
Can I Still Receive a Settlement if My Spinal Stenosis Was Diagnosed Years After the Injury?
Yes, in many cases, you can still receive a settlement even if spinal stenosis symptoms didn’t appear until years after an accident. California follows the discovery rule, meaning the statute of limitations may begin from the date of diagnosis rather than the injury. An attorney can explain how this rule applies to your case.
What Should I Do Immediately After Being Diagnosed with Spinal Stenosis from an Accident?
After being diagnosed with spinal stenosis, it’s essential to seek medical treatment, document your condition, and consult with an attorney. Preserving evidence, including medical records and accident details, will strengthen your case and help ensure that you receive the compensation you deserve.
What Can I Do to Get a Fair Spinal Stenosis Settlement?
As seen from the examples above, spinal stenosis settlements can vary greatly in value, depending on the unique circumstances of each case. To ensure you receive a fair settlement, it’s important to understand the factors that can affect your award, such as the severity of your injury, medical expenses, and impact on your quality of life.
At Weinberg Law Offices, we are committed to providing honest, transparent communication and will work closely with you to evaluate the specifics of your situation. Our experienced legal team will discuss a realistic settlement estimate based on the facts surrounding your injury.
If you’re suffering from spinal stenosis due to an accident or injury, don’t hesitate to reach out. We offer free consultations to help you understand your legal rights and explore your compensation options. During your consultation, we’ll review your case, explain the legal process, and provide you with an honest estimate of your potential settlement.
Call (818) 697-1079 or complete a Free Case Evaluation form. Let us guide you through the legal process and fight for the fair settlement you deserve.
Disclaimer: This content should not be construed as legal advice.
As a personal injury attorney, my mantra is that there is no such thing as a “small case”. I will give 100% matter how big or small a case may be. I am fluent in English, Hebrew, and Spanish, languages which I use regularly in my practice.
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