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February 2, 2024

Average Workers’ Comp Settlement for Neck Fusion in California

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Short answer: The average workers’ compensation settlement for a neck fusion in California can vary greatly depending on the severity of the injury. Here is a general idea of what you might expect:

Severity of Injury Average Settlement
Minor Approximately: $10,885
Moderate Approximately: $61,510
Severe Approximately: $250,000 to $400,000

Please note that these are averages, and the actual settlement can vary based on specifics like prior injury, impact on daily quality of life, and length of recovery. For minor cases, the median back and neck strain verdict is $10,885.

For moderate cases, the average work injury settlement for the neck is $61,510. For severe cases involving surgeries like a two-level back or neck fusion, the full value of pain and suffering is likely between $250,000 to $400,000.

Always consult with a legal professional for advice tailored to your specific situation. This information is intended to be a general guide and may not apply to all situations. If you have other workers’ compensation injuries, check out our work comp settlement chart by injury type.

Example Settlements

The following three examples of settlements involving neck fusion surgeries:

  1. An elderly man slipped on icy ground in a business’s parking lot which was not adequately plowed or salted. He underwent a 4-level cervical fusion surgery. The verdict was a settlement of $320,000.
  2. A construction worker suffered a neck injury after a fall at the worksite. He underwent a cervical fusion surgery and was unable to return to work. This case was settled for $450,000.
  3. After slipping and falling at a grocery store, this main sustained a neck injury that required cervical fusion surgery. This case was settled for $375,000.

Estimate What Your Settlement Could Be Worth

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What Would My Settlement Look Like if I don’t End Up Needing a Neck Fusion?

If you don’t end up needing a neck fusion, your settlement would depend on the type and severity of your neck injury. Here are some common types of neck injuries and potential settlements:

Type of Neck Injury Description Potential Settlement
Neck Sprain Overstretching or tearing of ligaments in the neck, often due to sudden movements. $2,500 – $50,000
Neck Strain Injury to the muscles or tendons in the neck due to overuse or trauma. $2,500 – $50,000
Herniated Disc Condition where the disc in the spine ruptures or leaks, often causing pain and numbness. $100,000 – $300,000
Pinched Nerve Condition where a nerve in the neck is compressed or irritated. $100,000 – $300,000
Whiplash Neck injury due to forceful, rapid back-and-forth movement of the neck. $2,500 – $50,000
Spondylosis (Arthritis in the Neck) Degenerative osteoarthritis of the joints in the neck. $100,000 – $300,000

How Long Does a Neck Fusion Case Take to Settle in California?

The timeline for settling a neck fusion case in California can vary widely based on the specifics of the case. It is difficult to provide an exact average timeline as this can depend on many factors such as the complexity of the case, the parties involved, and the court’s schedule. Generally, it is not uncommon for personal injury cases to take anywhere from several months to a few years to reach a settlement.

average workers' comp settlement for cervical fusion

What Factors Affect a Settlement Amount?

There are several factors that can affect a settlement amount:

  • Extent of Your Damages: The settlement you receive depends not only on the likelihood of winning in court but also on the potential jury award. This encompasses expenses related to medical bills for treating product-induced illnesses or injuries, covering both current and anticipated future treatment costs. Additionally, it factors in lost income due to illness or injuries, providing an estimate of future earnings if your ability to earn a living has been impacted.
  • Emotional Distress: The settlement amount may be influenced by any emotional distress, such as anxiety, sleep loss, and depression, that you have endured due to your illness or injuries.
  • Loss of Consortium or Companionship: The settlement amount may be affected if your illness or injuries had a detrimental impact on your relationship with your spouse.
  • Shared Fault: Insurance firms have the authority to reject or diminish your bodily injury claim if you bear partial responsibility for your injuries.
  • Insurance Policy Limit: The available insurance coverage and the assessment of fault will also impact the average settlement for a car accident.

Please consult with a legal professional for advice tailored to your specific situation. This information is intended to be a general guide and may not apply to all situations.

What Will My Settlement Cover?

A settlement is a mutually agreed-upon resolution that concludes a dispute and leads to the voluntary dismissal of any associated litigation. It involves the plaintiff accepting a specified sum in return for refraining from further pursuing the case in a court of law. The following are aspects that a settlement may address:

  • Medical Expenses: This includes both past and future medical expenses related to your injury.
  • Lost Wages: If your injury caused you to miss work, you could be compensated for lost income.
  • Pain and Suffering: This refers to the physical pain and emotional distress that you have suffered as a result of the injury.
  • Property Damage: If any of your property was damaged in the incident that led to your injury, the cost of repair or replacement could be included in the settlement.
  • Legal Fees: In some cases, the settlement might also cover your attorney’s fees.

Please note that the specifics of what a settlement covers can vary greatly depending on the details of the case, the laws in your jurisdiction, and the terms of any insurance policies involved. Always consult with a legal professional for advice tailored to your specific situation. This information is intended to be a general guide and may not apply to all situations.

When You Do and Don’t Have a Case

When You Do Have a Case

  • Solid Evidence: If you have solid evidence that supports your claim, you likely have a case. This could include documents, photographs, or witness testimonies that substantiate your claim.
  • Clear Medical Diagnosis: If you have a clear medical diagnosis linking your harm to the incident, you likely have a case. Medical records and expert testimonies can be crucial in proving this link.
  • Financial or Emotional Impact: If the incident has caused significant financial loss or emotional distress, you likely have a case. This could include medical bills, lost wages, or pain and suffering.

When You Don’t Have a Case

  • Lack of Evidence: If you can’t prove the terms of your arrangement or don’t have enough evidence to support your claim, you likely don’t have a case.
  • No Legal Grounds: If your claim doesn’t fall under any recognized legal theory, you likely don’t have a case.
  • Statute of Limitations: If the statute of limitations for your claim has expired, you likely don’t have a case.
  • Lack of Damages: If you haven’t suffered any actual harm or financial loss, you likely don’t have a case.

Please note that these are general guidelines, and the specifics can vary greatly depending on the details of the case, the laws in your jurisdiction, and other factors. Always consult with a legal professional for advice tailored to your specific situation. This information is intended to be a general guide and may not apply to all situations.

Benefits an Attorney Can Provide

Here are some benefits a workers’ compensation attorney can provide:

  • Expert Guidance: An attorney can provide expert advice on the legal aspects of your case, helping you understand your rights and the best course of action.
  • Evidence Collection: Attorneys can help gather and organize the necessary evidence to support your claim.
  • Negotiation Skills: Attorneys are skilled negotiators who can work towards a fair settlement on your behalf.
  • Representation in Court: If your case goes to trial, an attorney can represent you in court, presenting your case in the most effective manner.
  • Peace of Mind: Having an attorney handle your case can give you peace of mind, knowing that a professional is looking out for your best interests.

Please note that every injury case is unique and the benefits an attorney can provide will depend on the specifics of your situation.

Get Connected With an Attorney

At LawLinq, we are committed to linking you with seasoned attorneys who specialize in cases like yours. If you or someone you know is dealing with a neck fusion injury, our team at LawLinq is here to assist you by connecting you with top rated work comp attorneys.

The best part? Our service comes entirely free. Get in touch with LawLinq today and gain access to some of the finest legal assistance in California today.

About the Author

Jessica Anvar

California Consumer Litigation Attorney Jessica Anvar, Esq. is the Founder and Managing Partner of Lemon Law Experts California’s leading lemon law firm. She has multiple years’ worth of experience working with both state and federal lemon laws. Her practice focuses exclusively on consumer protection cases. Ms. Anvar received her J.D. from Loyola Law School. She also earned a Master of Business Administration degree from Loyola Marymount University. Jessica is very active in her local legal community and has helped thousands of clients across the state of California. She has an outstanding record as a true advocate for consumers.

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