Construction Site Safety and Your Rights After an Accident

The recent construction accident in Paradise Valley that tragically claimed the life of a worker serves as a stark reminder of the dangers construction workers face every day. Our hearts go out to the victim's family and loved ones during this difficult time.

This incident underscores the critical importance of safety regulations on construction sites. Unfortunately, construction work remains one of the most hazardous professions, with a high risk of serious injuries or even death.

The Recent Paradise Valley Construction Accident

A tragic accident occurred on July 29, 2024 in Paradise Valley, Arizona, at a new home construction site. Jose Ramirez Robledo, a 59 year old construction worker, was trapped under several windows that had fallen from a crane. Despite the quick response and life-saving measures of emergency personnel on the scene, he was found to be beyond resuscitative efforts.

We extend our deepest condolences to the victim's family, friends, and loved ones during this difficult time. This incident serves as a stark reminder of the dangers faced by construction workers and the importance of workplace safety.

Importance of Workplace Safety Regulations

The Occupational Safety and Health Administration (OSHA) establishes and enforces strict safety standards for construction sites. These regulations aim to minimize the risk of accidents by requiring employers to:

Common Causes of Construction Accidents in Arizona

Despite safety measures, accidents can still occur. Here are some common causes of construction accidents in Arizona:

Worker Rights After a Construction Accident in Arizona

If you are injured in a construction accident in Mesa, Arizona, you have legal rights. In addition to workers' compensation benefits, you may also be entitled to additional compensation.

Third-Party Liability Claims

Third-party liability claims may be available if a party other than your employer, such as a subcontractor or equipment manufacturer, was negligent and contributed to your accident. In these cases, you may be able to recover additional compensation beyond what is available through workers' compensation. A skilled attorney can evaluate the circumstances of your case to determine if a third-party liability claim is viable.

Importance of Seeking Legal Counsel

An experienced construction accident lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and ensure you receive the maximum compensation for your injuries.

By hiring a skilled attorney, you can avoid the stress and frustration of dealing with insurance companies alone. Your lawyer will advocate for your rights and work to secure a fair settlement or verdict on your behalf. Additionally, an attorney can help you protect your rights and prevent your employer from denying your claim.

Why Choose Skousen, Gulbrandsen & Patience PLC for Your Construction Accident Case?

At Skousen, Gulbrandsen & Patience PLC, we understand the physical, emotional, and financial hardships construction accidents can cause. Our team of dedicated Mesa personal injury lawyers has extensive experience helping construction workers recover from injuries sustained on the job. We will fight tirelessly to get you the compensation you deserve, so you can focus on healing.

At Skousen, Gulbrandsen & Patience PLC, we differentiate ourselves by our proven track record of success in representing injured construction workers. Our team of experienced attorneys has a long history of achieving favorable outcomes for clients, ensuring they receive the maximum compensation they deserve. We are committed to providing compassionate and dedicated representation, understanding the unique challenges construction workers face after an accident. To help you better understand your legal options, we offer free consultations where you can discuss your case and ask any questions you may have without any obligation.

Contact SGP Law Today

If you have been injured in a construction accident in Mesa, Arizona, don't hesitate to contact Skousen, Gulbrandsen & Patience PLC for a free consultation. We will review your case and advise you on the best course of action.

Remember:

Contact SGP Law today to schedule a free consultation and discuss your rights.

Ankle Injury? (How Much Your Settlement Could Be Worth)

Ankles are quite vulnerable because of where they are in the body, how much they are used, and how much weight is constantly put on them. It is not surprising that ankles are subject to so many injuries, including muscle sprains and ankle fractures.

The ankle joint is actually made of three different ankle bones:

Difference Between a Break and an Ankle Sprain

A sprain happens when ligaments tear or stretch, as opposed to a break where the bone is fractured. In order to tell the difference between the different types of ankle injuries, the doctor might do several things:

Most Common Causes of Ankle Fractures

Because of the vulnerable position they occupy in the body, ankles are vulnerable to accidents from many sources.

Slip and fall accidents can damage your ankle when you place your weight wrong after you lose your balance. This might happen if you are walking on a carpet where a piece is sticking up or if there are obstructions in your path.

A heavy impact can cause an injury, such as from a jump or fall, or while playing sports. You can suffer a broken or sprained ankle from any kind of heavy impact.

You can injure your ankle in a car accident because of the sudden, high impact of the crash. Broken ankles from car crashes may require surgery to repair.

Warning Signs and Symptoms

Just because you are still able to walk doesn’t mean that you don’t have an ankle fracture. With a minor fracture, you may be able to walk, but it will be painful. Unless you actually hear the cracking noise when your bone breaks, you may not be sure you have a broken ankle.

Some of the signs of a fractured ankle include swelling, tenderness, bruising, and difficulty moving your foot or putting your weight on it. You will probably be experiencing severe pain, and may even feel dizzy.

If you have a compound fracture, you may see the bone coming through the skin. If you were in a motor vehicle accident, you might not realize your ankle is injured at first, especially if you are transported to the hospital and treated for other injuries, like cuts and back injury.

Treatment for Broken Ankles

The first treatment for broken ankles and other similar kinds of injuries is ice, which will immediately help to reduce the swelling and pain. Wrap the ice close to your injury with a towel and change it as necessary.

Sometimes the bone has moved out of place, and the doctor does what is called a closed reduction to move it back into place, hopefully giving you a painkiller such as general anesthesia or a sedative first.

If your ankle bones are seriously injured, you may need to have surgery before you do anything else. Severe breaks might even require you to get rods, screws, or plates to align the bones and keep them in place as you heal. This process involves open reduction and internal fixation. You may need an orthopedic surgeon who specializes in ankle injuries.

You may get an ankle boot, cast, or splint to help keep the bones in place as you heal. You may even get crutches to help you continue to get around. If you didn’t need surgery, you might be able to recover in as little as six weeks, but if you had surgery, your recovery time could last up to 12 weeks or even longer.​

At that point, it all depends on you and your body, including factors like your general health and age. Your doctor may take x-rays while you are recovering to check on your progress.

Tips for Getting Better Faster

You may be able to reduce your own recovery time if you follow some easy tips. Rest your injury as much as possible, and avoid putting pressure on it. Get physical therapy if your doctor recommends it and eat healthy foods. Avoid smoking and attend all follow-up appointments with your doctor.

Preventing Broken Ankles

Accidents will happen, but there are ways to minimize the likelihood of getting a broken ankle. On a daily basis, the best way to protect your ankle bones is by wearing supportive shoes, and use other appropriate kinds of shoes when engaging in other activities, like hiking.

If you run, replace your running shoes about every 300 to 400 miles, and replace your other shoes as they become worn.

Cross-training and strength training can help build bone density, helping to reduce stress fractures. No matter what kind of workout you do, start slowly to give your body time to warm up.

Make sure you get plenty of Vitamin D and Calcium to build your bone strength and take Vitamin D supplements if you don’t get enough in your diet. Keep clutter to a minimum in your home and office, so you don’t trip or turn your ankles, and finally, if you need extra help, ask your doctor for supplements or special strength training exercises.

One important way to avoid certain kinds of injuries is to be careful with your small children. Children are particularly vulnerable because they ride in car seats and booster seats, suffering serious injuries and even fatalities when the seats are improperly installed or not used properly. They can’t help themselves, so you have to stay vigilant.

Should You File a Lawsuit?

Whether or not you file a lawsuit is up to you. If you have medical expenses or damages that are not being paid through your insurance company, though, you may want to file a compensation claim to get the compensation you deserve.

You can ask for any reasonable expenses from the accident, including:

It costs nothing to talk to a personal injury lawyer and present your circumstances during a free consultation. The attorney-client relationship will keep the attorney from sharing the information with anyone else, so you can feel safe looking for advice. You can find out whether you really have a personal injury case and the best way to proceed.

Many cases are from negligence during an auto accident, while others ankle injury cases involve premises liability. Anyone who owns or runs a business has the responsibility to keep that business safe for visitors, and you have the right to ask for compensation if their negligence caused you harm.

Original Settlement Demands

If you have decided to ask for reasonable compensation, your first step will be to send a demand letter.

Whether you are trying to handle it yourself or using the services of a personal injury lawyer, it is important to remember to state that the settlement amount you are asking for is “For Settlement Purposes Only.”

Otherwise, the insurance company could try to hold a low number against you later and try to make the settlement value lower.

Even if you have prepared the letter yourself, you can ask us at the law firm of Skousen, Gulbrandsen & Patience to look over your letter for you before you send it. The insurance company may or may not respond, but we can help you look for any issues.

The Settlement Process and Timeline

Once you and the other party have agreed to a reasonable settlement, you will still have to wait before you get your check.

Your first step will be to consult with your attorney and sign the paperwork, making sure the terms and conditions are what you agreed to. Once the insurance company gets the paperwork, they don’t have to mail the check right away. It usually takes about three weeks for processing, and your attorney can check if there seems to be a delay.

Once your attorney receives the check, the funds will be deposited into a special lawyers’ trust account, where it will clear. Once the funds are available, your attorney will make sure all the liens are paid first, such as for medical treatment you received. The State may take out certain sums of money if you owe back child support or taxes.

Finally, the attorney takes his fees and sends you the balance. The reason extra funds are built into the settlement is so you will have money at the end.

Don’t forget that injury claims must usually be filed within two years, although there are some exceptions. If you file past the deadline, you may lose your case completely. If you can’t get satisfaction with a settlement, you may decide to file a lawsuit.

Steps in Filing a Suit By Yourself

There are several steps you will need to take to file a lawsuit, and you can ask for the assistance of an attorney at any stage during the process.

Steps When Using an Attorney

When you have an attorney, you can avoid a lot of the work. Attorneys will investigate the case, research the legal issues, and do the legal paperwork.

Here are the steps you will take when you have an attorney for your personal injury lawsuit:

Some Ankle Injury Settlements

How much money you get will depend on several factors, such as how serious the injuries were and how much treatment you needed. Here are some examples of real settlements:

How to Find the Right Personal Injury Attorney

If you’re like most people, you haven’t had to deal with attorneys very much before, if at all. You can narrow down your search by choosing the kind of lawyer who handles your kind of cases, in this case, a personal injury attorney or law firm.

Skousen, Gulbrandsen & Patience is a small, family-owned personal injury law firm that has experience in all kinds of cases but has particular skills in the area of personal injury law. If you or a loved one has experienced an injury from an accident caused by someone else, you can call for a free consultation at any time.

At Skousen, Gulbrandsen & Patience, we have proudly served our community for 60 years, and we can assist accident victims in and around Mesa, Arizona.

What Are Requests for Admissions? (With Samples)

You may have heard that depositions are the driving force of a personal injury lawsuit’s discovery process. However, interrogatories and requests for admission are two additional tools that personal injury victims should leverage before a trial. In particular, requests for admission are incredibly helpful in uncovering crucial information before either party takes the witness stand.

A request for admission (also called a request to admit) is a written statement sent from one party to the other. Its purpose is for the receiving party to admit or deny the allegations against them. In this guide, we cover everything you need to know about requests for admissions, including how they can affect your personal injury case, as well as sample defendant and plaintiff requests for admission.

What Are Requests for Admissions?

Requests for admission are written requests sent during the discovery process of a lawsuit. During discovery, the Plaintiff (typically the injured party) and the Defendant (the alleged at-fault party) attempt to uncover as much information about the case as possible. Requests for admissions are a convenient way for each party to admit or deny allegations brought against them.

For example, Plaintiff may send Defendant a request for admission that states, “Admit that the front of the vehicle you were operating struck the front of the vehicle the Plaintiff was operating on the date of the car crash.”

Both parties may send each other requests for admission. By sending written requests to one another, each party can better understand how the other side views the accident.

For instance, Plaintiff may assume no fault in an accident. However, Defendant may allege that Plaintiff was speeding. Requests for admission ask these types of questions flat out, so there is no confusion as to each party’s opinions of fact.

How Are Requests for Admission Different from Interrogatories?

Requests for admission and interrogatories fall under the same umbrella of discovery. They are both written statements sent from one party to the other, and they both require written answers. However, there are some clear differences between the two.

Personal injury interrogatory answers are signed under oath. Requests for admission are not. Furthermore, interrogatories are questions, but they’re phrased as statements to be elaborated upon.

What Are Requests for Admissions? (With Samples)

The same is not true of requests for admissions. Requests for admission are short, direct questions and their answers can either “admit” or “deny” the opinions of fact.

When answering interrogatories, you should provide as much information as possible. When answering requests for admission, all you should do is either admit or deny the claim.

Requests for admission are not about providing details. Details are found during depositions and interrogatories. Questions that linger after the completion of depositions and interrogatories can be turned into requests to admit, forcing the other party to clarify the issue before trial.

How Do Admissions Aid a Personal Injury Case?

There are three sides to every personal injury case: what the Plaintiff believes happened, what the Defendant believes happened, and what actually happened. This is not to say that either party is intentionally lying, but rather, each individual has a different perception of the same event. The purpose of a request for admission is to identify and narrow down the genuine issues of what occurred, as these events will inform the verdict of the case.

Requests for admission are particularly helpful in nailing down the primary or proximate cause of an accident. For instance, if the Defendant was driving above the speed limit at the time of the accident and failed to slow down, causing the car accident that injured the Plaintiff, the Defendant’s speeding could be found as the proximate cause of the accident.

Requests for admission can pose statements such as, “Admit you were driving above the speed limit.” Or, “Admit that your driving speed was a contributing factor to the accident.” Any statements that the Defendant admits to (or doesn’t object to or deny) are established as fact and are taken as true for the duration of the trial.

What Types of Requests for Admission Are Included in a Case?

The types of requests for admissions included in a personal injury case vary depending on the situation. For example, requests included in a slip and fall injury case are much different than the ones involved in a truck accident or dog bite injury case.

Instead of trying to lump all types of requests together, it’s better to view them as a collection of factual statements. Each factual statement will form the burden of proof for your case. In Arizona’s civil procedure, the burden of proof is on the Plaintiff. Therefore, it’s their legal duty to establish the truth before the trial.

Injured man filling formWhat Are Requests for Admissions? (With Samples)

Depending on your personal injury case, there are a variety of requests for admission you may submit to establish the truth.

Plaintiff Sample Requests for Admissions (Sent to Defendant)

Throughout a personal injury case, the Plaintiff and their legal team send requests for admission to the Defendant, in hopes the answering party will admit their wrongdoing.

In an auto accident injury case, the Plaintiff is the injured driver. The Defendant is who the Plaintiff believes caused the injuries. Some of the sample requests for admission that the Plaintiff may send the Defendant include:

  1. Admit that you were driving a 2018 Ford with Arizona motor vehicle tags on the date of the car crash.
  2. Admit that you were the registered owner of a 2018 Ford with Arizona motor vehicle tags on the date of the car crash.
  3. Admit that on the date of the car crash immediately prior to impact, the vehicle operated by Plaintiff was in the oncoming lane.
  4. Admit that on the date of the car crash immediately prior to impact, you failed to negotiate a turn.
  5. Admit that your actions were the sole cause of the car crash.
What Are Requests for Admissions? (With Samples)

If you are the Plaintiff in an upcoming personal injury trial, it’s your attorney’s responsibility to outline and send these questions to the individual who harmed you. If you have not sought legal counsel, consider contacting an attorney today to learn more about your options.

Defendant Sample Requests for Admissions (Sent to Plaintiff)

During the civil procedure, the Defendant must defend themselves against the allegations brought against them. One way for an individual to stand up for themselves in court is to send requests for admission to the Plaintiff. The Defendant can use these requests to shift the blame, share the blame, or dismiss the case entirely.

Continuing with the auto accident personal injury example, the Defendant’s requests for admission may include:

Confirm the only witnesses to the accident were the Plaintiff, Defendant, and an unidentified man who let the Plaintiff use his cell phone at the scene of the accident.

Throughout requests for admission, the opposing party’s attorney may attempt to undermine the events of the accident or cast doubt on how those events took place.

While requests for admission only require an “Admit” or “Deny” response, it’s crucial you consult with an attorney before submitting your responses to ensure you don’t find yourself in legal hot water.

How Many Requests Can Be Submitted?

Unlike interrogatories, there’s no limit to the number of requests a party in a personal injury case can serve. Requests can pertain to any matter within the scope of the discovery process. These include requests related to discoverable facts, opinions, the application of the law to facts, and the genuineness of documents.

Bear in mind, if a party receives a request for admission that includes the mention of a document, federal rules dictate the production of documents for confirmation.

Requests to admit can be served at any time, even as early as the complaint initiating the lawsuit.

How Long Do You Have to Respond to Requests?

When requests for admission are served with the initial complaint, rules of civil procedure determine the responding party has 45 days to submit a written answer. If requests are sent once the case is underway, the answering party has 30 days to respond. If no responses are submitted within the timeframe, then all statements included in the request are deemed “admitted” by the court.

Responding to Requests for Admission Examples

When responding to a set of requests for admission, the opposing party can do any of the following:

The responding party only has to answer “Admit” or “Deny.” If a statement is admitted to, it is treated as fact for all purposes in the litigation. So, if the opposing party admits to driving above the speed limit at the time of the accident, the court considers that statement a fact. If the opposing party denies the statement, the merits of the action contained within that request can be argued during the trial.

Aside from “Admit” or “Deny,” there is the option to “Partially Deny” a statement. For instance, the responding party may partially deny a statement that accuses them of reckless driving if they were only driving 5 miles above the posted speed limit at the time of the accident.

What Are Requests for Admissions? (With Samples)

If the responding party partially denies a statement, they must specify which part of the matter is admitted and which part is denied.

Moreover, the responding party can respond that they lack sufficient information to admit or deny a statement. But first, the responding party or their legal team must issue a reasonable inquiry to the requesting party, asking for more information. If the information obtained is still insufficient to admit or deny the statement, they can clear their response with the court, or wait for any following requests.

Seek Your Consultation from a Personal Injury Law Firm

Constructing a winning personal injury case is no easy task, especially if you’re not a legal professional. Before drafting, answering, or sending requests for admissions on your own, consider reaching out to a trusted personal injury law firm. Building a strong attorney-client relationship can not only help you plan the most successful application of law, but it can also make sending and receiving crucial personal injury admissions a whole lot easier.

Types of Catastrophic Injuries & Their Causes

Catastrophic injuries are severe injuries that have profound, long-term effects on the victim's life. These injuries often result in permanent disabilities, requiring extensive medical treatment and rehabilitation. Understanding the types and causes of catastrophic injuries is crucial to raising awareness and implementing preventive measures.

Here, we explore the main types of catastrophic injuries and their typical causes.

Types of Catastrophic Injuries

1. Traumatic Brain Injuries (TBI)

Traumatic Brain Injuries occur when an external force causes damage to the brain. TBIs can range from mild concussions to severe brain damage, leading to cognitive impairments, emotional instability, and physical disabilities. Symptoms may include memory loss, difficulty concentrating, headaches, and mood changes.

2. Spinal Cord Injuries (SCI)

Spinal Cord Injuries involve damage to the spinal cord, often resulting in partial or complete paralysis. An SCI's severity depends on the damage's location and extent. Paraplegia and quadriplegia are common outcomes, significantly impacting mobility and independence.

3. Amputations

Amputations refer to the loss of a limb due to injury or surgical removal. This type of injury can be physically and emotionally devastating, affecting the individual's ability to perform daily tasks and participate in activities they once enjoyed. Prosthetics and rehabilitation can help, but the adjustment period is often challenging.

4. Severe Burn Injuries

Burn injuries can cause extensive damage to the skin, underlying tissues, and organs. Severe burns may require multiple surgeries, including skin grafts and reconstructive procedures.

In addition to the physical pain, burn victims often face significant emotional and psychological challenges during their recovery.

5. Multiple Fractures

Multiple fractures occur when a person sustains several broken bones simultaneously. These injuries can be particularly severe if they involve vital areas like the skull, spine, or ribcage. Recovery from multiple fractures often requires prolonged hospitalization, surgeries, and rehabilitation.

Common Causes of Catastrophic Injuries

1. Motor Vehicle Accidents

Motor vehicle accidents are one of the leading causes of catastrophic injuries. High-speed collisions, rollovers, and impacts with large vehicles can result in TBIs, SCIs, amputations, and multiple fractures.

Distracted driving, impaired driving, and non-compliance with traffic laws are significant contributors to these accidents.

2. Workplace Accidents

Workplace accidents can lead to catastrophic injuries, especially in high-risk industries such as construction, manufacturing, and transportation. Falls from heights, machinery accidents, and exposure to hazardous materials are common scenarios.

Employers must enforce safety protocols and provide adequate training to minimize these risks.

3. Sports and Recreational Activities

High-impact sports and recreational activities can result in catastrophic injuries, particularly TBIs and SCIs. Contact sports like football, rugby, and ice hockey pose significant risks.

Extreme sports such as rock climbing, skydiving, and skiing also have high injury rates. Proper safety equipment and adherence to rules can mitigate some of these dangers.

4. Medical Malpractice

Medical malpractice occurs when healthcare professionals fail to provide the standard of care, leading to severe injuries. Surgical errors, misdiagnoses, and improper treatment can result in TBIs, SCIs, amputations, and other catastrophic injuries.

Patients and families affected by medical malpractice often face prolonged legal battles to seek justice and compensation.

5. Violent Crimes

Violent crimes, including assaults and gun violence, can cause catastrophic injuries. Victims of such incidents may suffer TBIs, SCIs, and severe fractures. The long-term impact of these injuries extends beyond physical harm, often resulting in emotional trauma and psychological distress.

Take Action: Call Our Mesa Catastrophic Injury Attorneys

Catastrophic injuries profoundly affect victims and their families, necessitating extensive medical care and rehabilitation. By understanding the types and causes of these injuries, society can better advocate for preventive measures and support systems.

Reach out to Skousen, Gulbrandsen & Patience, PLC today at (480) 833-8800 to learn more.

Types of Damages in a Personal Injury Lawsuit

When the unexpected strikes and an individual is left grappling with the aftermath of a personal injury, economic damages become a cornerstone of their legal recovery process. These tangible losses, which encompass medical expenses, lost wages, and property damage, are quantifiable and serve as the financial bedrock of a compensatory claim. Calculating these damages involves a meticulous examination of bills, receipts, and employment records, painting a clear picture of the financial toll the injury has taken.

Non-Economic Damages: Understanding the Intangibles

On the flip side, non-economic damages explore the more subjective realm of personal injury law. These damages account for the pain and suffering, emotional distress, and the loss of enjoyment of life that can't be neatly itemized.

Courts often employ various methods to determine fair compensation, such as the multiplier method or per diem approach, but the inherent subjectivity means that the advocacy of a skilled attorney can be pivotal in swaying these figures to truly reflect the plaintiff's ordeal.

Special Considerations in Calculating Damages

Long-Term Impact and Future Losses

While initial medical bills and immediate income loss are often clear-cut, the long-term impact of an injury can be far-reaching and less apparent at the outset. Future medical care, ongoing therapy, and the potential for projected income losses due to diminished earning capacity must be carefully evaluated. This forward-looking aspect of damage calculation demands a comprehensive understanding of the plaintiff's medical prognosis and career trajectory. It's not just about today's costs but about securing the financial stability of the injured party well into the future, ensuring that they are not left shouldering the burden of an injury's long-term consequences.

The Role of Expert Testimony

Expert testimony is the linchpin in substantiating the full extent of damages in a personal injury case. Medical professionals can elucidate the nuances of the injury and the necessity of future care, while economic loss experts are instrumental in painting a picture of the financial impact, from lost earning potential to additional costs that may arise.

Punitive Damages: Beyond Compensation

Punitive damages stand apart from compensatory damages in that they are not designed to reimburse the plaintiff but rather to punish the defendant for particularly egregious conduct. To be eligible for such damages, a plaintiff must typically demonstrate that the defendant acted with intentional harm or gross negligence. This high bar ensures that punitive damages are reserved for cases where the defendant's actions warrant a financial reprimand beyond mere compensation, serving as a deterrent to similar conduct in the future. Navigating the eligibility criteria for punitive damages requires a nuanced understanding of the law and the strategic prowess of an experienced legal team.

Don't navigate this journey alone; contact Skousen, Gulbrandsen & Patience, PLC today to ensure your rights are protected and to explore the services we offer. Your path to recovery starts with a conversation, and we're here to listen.

Common Tactics Insurance Companies Use to Reduce Your Personal Injury Claim

When you've been injured in an accident, dealing with insurance companies can be a daunting experience. Unfortunately, many insurance companies employ various tactics to minimize the value of your personal injury claim. Understanding these tactics can help you navigate the claims process more effectively and ensure you receive the compensation you deserve. In this blog, we'll shed light on some of the most common tactics insurance companies use and provide you with actionable tips to counter them.

Delaying Tactics

Insurance companies often employ delay tactics to frustrate claimants and push them into accepting lower settlements. They may take their time to respond to your claim, request unnecessary documentation, or delay the investigation process. To counter this tactic:

Disputing the Severity of Injuries

Insurance companies may downplay the severity of your injuries to minimize the settlement amount. They may argue that your injuries were pre-existing or unrelated to the accident. To protect your claim:

Blaming the Victim

Insurance companies may try to shift blame onto the victim to reduce their liability. They may argue that you were partially at fault for the accident or engaged in negligent behavior. To counter this tactic:

Lowball Settlement Offers

Insurance companies often make initial settlement offers that are far below the actual value of your claim. They hope that you'll accept the offer out of frustration or lack of knowledge. To ensure a fair settlement:

Surveillance and Social Media Monitoring

Insurance companies may conduct surveillance or monitor your social media activities to find evidence that contradicts your injury claims. To protect your claim:

Dealing with insurance companies can be overwhelming, especially when you're also trying to recover from your injuries. At Skousen, Gulbrandsen & Patience, PLC, we understand the tactics insurance companies use and are here to help. Our experienced personal injury attorneys in Mesa, AZ, are dedicated to protecting your rights and ensuring you receive the compensation you deserve. Contact us today for a free consultation and let us fight for your rights.

5 Questions to Ask Your Personal Injury Attorney

Questions to Ask When Looking for an Attorney

After sustaining a personal injury, it’s common for a victim or their family to have many questions about the legal process and whether it’s the right path for their claim. Because of this, they may consider hiring legal representation.

The process of finding a lawyer can be challenging depending on the circumstances of your case. To better aid in your search, here are five of the most important questions to ask a potential personal injury attorney.

1. What Area(s) of Law Do You Practice In?

Not all attorneys practice in the same area of law, so it's important to begin your search by establishing that you are dealing with an attorney who focuses on personal injury law specifically.

You wouldn't want to hire a family law attorney to represent you in a personal injury case, as they likely don't have the specific expertise required to get you the best possible outcome. By ensuring that a lawyer has the right experience in cases like yours, you can ensure you are getting the best representation possible.

2. What is Your Success Rate?

After you've established that an attorney practices in the area of personal injury law, you should ask about their success rate. The best attorneys will have a proven record of success when it comes to winning cases and securing favorable outcomes for their clients.

You can ask the attorney or browse their website for case results to better understand their success rate. If an attorney cannot provide this information, it may be best to move on to a more transparent lawyer about their past cases.

3. How Do Your Clients Feel About Your Services?

While an attorney's success rate is important, it's also beneficial to understand how past clients have felt about the services they received. After all, you'll be working closely with your attorney throughout the legal process and it's important to establish a good rapport.

Most attorneys will have testimonials from past clients on their website. If not, you can always ask for references that you can contact directly. These people will be able to provide first-hand accounts of what it was like working with the lawyer and can give you a better idea of what to expect.

4. Who Will Be Handling My Case?

In many larger firms, it's not uncommon for cases to be handed off to a Case Manager or Paralegal rather than dealing one-on-one with the attorney you hired. While there's nothing wrong with this, it's important to understand who will be handling your case and how much contact you can expect to have with the lawyer.

Ideally, you'll want an attorney who will be personally responsible for managing your case from start to finish. This way, you can ensure that your case is in good hands and that you have a direct line of communication with the person responsible for getting you a favorable outcome.

5. What is the Likelihood My Case Will Go to Trial?

One of the most important things to know about personal injury claims is that there is a very small likelihood that they will result in a trial. Most cases end during the settlement phase, but certain circumstances may warrant further litigation.

Some attorneys may try to push your case toward trial in order to rack up legal fees, so it's important to ask about the likelihood of this happening up front. A good attorney will be honest with you about the chances of your case going to trial and will only recommend this option if it's in your best interest. Because of this, you may want to look for an attorney that has a lengthy history of trial litigation so that you know your case is in the right hands.

Call Our East Valley Personal Injury Attorneys

For more than 60 years, the firm of Skousen, Gulbrandsen & Patience, PLC has been helping victims throughout the East Valley obtain justice for personal injury cases. We have recovered millions of dollars in compensation on their behalf and are dedicated to ensuring that they have what they need to heal from their injuries. If you are looking for legal representation, call (480) 833-8800 to get started with a free consultation.

Nerve Damage from Car Accident (Settlement and Compensation)

car accident can occur in just one moment, but it can cause a lifetime of trauma. Car accident victims can suffer from several effects of a serious collision, and many are left with significant nerve damage. There are more than 100 different types of nerve damage, ranging from mild to severe. But any type of nerve damage can result in costly medical bills and pain and suffering.

If you’ve suffered nerve damage from a car crash, such as a pinched nerve or radiculopathy, you deserve justice. Consider these recent nerve damage lawsuit settlements, and contact an attorney to discuss the details of your case.

What are Nerve Damage Injuries?

Your nerves are part of your nervous system—a wide-ranging network that’s involved in everything your body does. Nerves are responsible for thousands of various functions, from regulating your breath to controlling your muscles and sensing cold and heat.

There are three different types of nerves in your body:

  1. Autonomic Nerves: Control the involuntary or partially voluntary activities of your body, such as regulating your temperature, blood pressure, and heart rate.
  2. Motor Nerves: Control all movement by relaying information from your brain and spinal cord to your muscles.
  3. Sensory Nerves: Control pain and other sensations by relaying information from your skin and muscles back to your brain and spinal cord.

Nerve damage injuries occur when trauma stretches, compresses, crushes, pinches, or splices a nerve. Because proper nerve function is essential to daily activity, damage to any of your three nerve types can significantly impact your quality of life.

Degrees of Nerve Damage Injuries

“Nerve damage” is an umbrella term for various types of nerve injuries. There are so many different types of trauma that can affect nerves. Therefore, for the sake of a personal injury case, it’s easier to quantify nerve damage by the severity of the injury.

There are three degrees of severity for nerve damage:

Each degree of nerve damage severity can individually impact a victim’s symptoms, pain levels, and path to healing.

Symptoms of a Nerve Damage Injury

There are more than 100 different types of nerve damage that can occur from a car crash. Due to the sheer amount of different nerves and injury types, the symptoms of nerve damage can vary on a patient-by-patient basis.

Generally speaking, common signs of nerve damage include:

In the aftermath of an accident, it may be difficult to differentiate nerve damage from common aches such as back pain, so it’s crucial to seek medical attention immediately.

Causes of Nerve Damage After an Auto Accident

You might be wondering, “Can a car accident cause a pinched nerve?” The answer is yes. Vehicle collisions can damage nearly every part of the body, and damaged or pinched nerves are a major concern for thousands of car accident victims.

Damage typically occurs during the force of impact. A victim’s body can be thrown against the vehicle steering wheel, dashboard, or door, or the victim can suffer severe crush injuries that damage nerves. Similarly, an accident can damage bones in the victim’s body, causing secondary nerve damage.

Many drivers experience nerve damage in their legs, feet, arms, shoulders, hands, and face, depending on where they suffered crash-related injuries. The following are typical car crash injuries that can cause nerve damage.

Nerve Damage From Back Injuries

Back injuries are among the most common auto accident injuries, so it’s no surprise damage to the spine could cause far-reaching nerve damage. The spine is composed of small bones called vertebrae, as well as soft tissue called muscles, tendons, ligaments, and nerves. Vertebrae and soft tissue protect the spinal cord, which sends information between the brain and other parts of the body.

During an auto accident, the force of impact can injure the delicate components of the spine, damaging fragile nerves. For instance, bulging or herniated discs can compress a nerve, causing a pinched nerve. Severe trauma to the back can cause spinal cord damage, which can permanently cease nerve communication. This type of damage can result in paralysis, loss of bladder control, and other chronic conditions.

Nerve Damage From Neck Injuries

The force of a collision can cause a victim’s head to rush forward and snap back rapidly, creating what’s known as a whiplash injury. Whiplash is a type of sprain caused by the stretching or tearing of the soft tissue of the neck. In severe cases, whiplash can also result in a painful shoulder injury.

The forceful jerking motion of the head and neck during whiplash can cause nerve damage in this area. Nerves can stretch, tear, or become compressed if swelling occurs.

Nerve Damage From Blunt-Force Trauma

Blunt-force trauma is an injury caused by a forceful impact, such as an automobile accident. It typically occurs when a body part slams against a hard surface, such as the vehicle dashboard or door. In severe cases, blunt-force trauma occurs when a victim is ejected from the automobile.

Hitting the head, arms, or legs on a hard surface can crush or compress nerves in the respective area. In particular, a head injury—such as a traumatic brain injury (TBI)—can cause swelling that will compress cranial nerves.

Nerve Damage From Lacerations and Avulsions

Lacerations and avulsions are both very common following a traumatic wreck. A laceration is a type of wound that occurs when skin and soft tissue are torn. These types of injuries are often irregular and jagged. Deep cuts or tears into the skin from an auto accident can sever the nerves in the affected area.

An avulsion is a type of injury that occurs when a body structure is torn off, usually when a small piece of bone attached to a tendon or ligament is pulled away from the main part of the bone. Separating ligaments or tendons from bones can create serious nerve damage.

What is the Value of Nerve Damage in a Car Accident Settlement?

Due to the enormous quantity of different types of nerve damage injuries, the values of car accident settlements can vary significantly. Many factors can impact nerve damage from car accident settlements, from the severity of the injury to the degree of fault.

The primary factors involved in determining the settlement value of a nerve damage case include the severity of the injury, cost of current and future medical care, pain and suffering, clear liability, and the amount of available insurance.

1. Severity of the Injury

The severity of an injury refers to the amount of physical pain, medical care, and permanent damage a victim suffers, as well as how their way of life has been altered. When determining the severity of a serious injury, an insurance adjuster or attorney will consider:

Because nerve damage can vary so greatly in severity, each case must be evaluated individually.

For example, consider an athletic individual who was involved in a car crash. Before the crash, they had dedicated their life to physical fitness, but after the crash, they experienced ongoing and chronic pain. If the pain is so severe that it permanently impairs their ability to exercise, that would be considered a serious injury.

Alternatively, consider an individual who experienced moderate pain after an automobile accident. If their pain was alleviated with physical therapy, it would not be considered a severe injury. A more serious injury is more likely to receive higher compensation than a less severe injury.

2. Cost of Medical Treatment

An accident claim should account for all medical treatment, including future medical costs. This is especially true for individuals with severe injuries who are likely to experience long-term damage. Types of medical treatment that can be reimbursed in a personal injury claim include:

Nerve damage injury that will incur long-term care will result in a higher settlement payout.

3. Pain and Suffering

Pain and suffering refers to the physical and emotional distress caused by an injury. Examples of pain and suffering may include physical aches and pain, mental anguish, and diminished quality of life.

While you can put a price tag on a doctor’s bill, a non-economic damage (like pain and suffering) is a bit harder to determine the cost of. For instance, permanent paralysis or disfigurement cannot be included within a victim’s medical expenses, but it can be claimed under pain and suffering. Be sure to consult with a car accident attorney to demand the amount of pain and suffering damages you are owed.

4. Clear Liability

Liability is the basis for all personal injury cases, including car accidents. To be liable for someone’s injuries means you must accept both legal and financial responsibility for the accident and resulting damages.

A significant factor in valuing a nerve damage car accident settlement is the likelihood that the other driver(s) can be found liable at trial. Some cases have clearer-cut liability, such as when a motorist is hit when stopped at a red light or parked in a parking lot. In other cases, especially multi-car accidents, liability may not be so obvious.

Proving liability depends on evidence. A victim must present evidence that successfully proves the other motorist was at-fault for the car accident that led to their nerve injury. An attorney can help gather all applicable evidence to prove liability, including photographs of property damage, witness statements, and recreations of the accident scene. All of this evidence will be presented during the discovery phase of the case.

5. Amount of Insurance Coverage

Another massive factor that determines a nerve damage injury car accident settlement is the amount of available insurance coverage. A typical personal injury claim will first go through the at-fault motorist’s auto insurance policy to seek the necessary compensation.

In some cases, one insurance policy alone is enough to compensate a victim for all damages. In other cases, such as a truck accident, there may be multiple insurance policies to compensate a victim. However, there are cases in which a driver’s policy limit is simply not enough to compensate for all damages. In these situations, a victim may have to file a lawsuit.

It’s crucial to work with a car accident lawyer who can investigate all available insurance policies and determine if a lawsuit is worthwhile. In situations where an insurance policy has been exhausted or the insurance company has denied the claim, but a victim has remaining damages, it may make sense to file a lawsuit.

Average Nerve Damage from Car Accident Settlement Amount

As a disclaimer, remember that an average settlement amount can range drastically and will rely on the individual details of the case. Generally speaking, an accident victim can expect $15,000 to $75,000 for mild to moderate injuries. For severe damage, a victim may receive $100,000 upwards into millions.

For a bit of perspective, consider these significant nerve damage lawsuit settlements from recent car accident cases.

$1,850,000 Pinched Nerve Car Accident Settlement

A 43-year-old woman was stopped behind a delivery truck when the truck operator suddenly began to back up. The truck struck the front of the victim’s vehicle, causing her to sustain a cervical herniated disc. The disc herniation caused a pinched nerve in her neck which required an anterior cervical discectomy and a fusion surgery.

The victim alleged she would not be able to return to work as a paraprofessional in her local school district due to her nerve damage. The case settled at mediation for $1,850,000.

$9,263,326 Nerve Damage Lawsuit Settlement

In a more high-profile case, a 52-year-old male passenger in a New York City yellow cab was involved in a multi-vehicle rear-end collision. As a result of the pile-up, the victim sustained severe nerve damage to his lower back, which required both a laminotomy and facetectomy. He was disabled from his job as a banquet waiter and required extensive rehabilitation.

The case was brought to trial where the victim’s attorneys argued for future pain and suffering, past and future lost wages, and future medical expenses. It took nearly four years to reach a final verdict, but the victim was ultimately awarded $9,263,326 for his car accident claim.

Seek Legal Advice from a Personal Injury Attorney

Have you or a loved one suffered nerve damage injuries as a result of another driver’s negligence? An accident attorney can offer a complimentary case evaluation to review all aspects of your case, from your medical expenses to your pain and suffering. Seek a free consultation with a personal injury lawyer from Skousen, Gulbrandsen & Patience, PLC by calling (480) 833-8800 today.

Uber Accidents: Everything To Know About Settlements, Policies, Claims, and Lawsuits

From rear-end collisions to side-swipe accidents, any type of car crash can cause physical harm, mental anguish, and a lot of confusion about what to do next. But when you’re involved in an Uber accident, the situation can become much more confusing. Who is responsible for your medical bills? Should you contact the rideshare app to receive compensation? How long are you supposed to wait to settle your claim?

That’s where a car accident attorney comes in. An attorney can fight for your right to compensation and ensure you receive a timely and fair settlement. Keep reading for everything you need to know about Uber accident settlements, including the latest policies, claims, and Uber accident lawsuits.

Safety Risks Posed by Ride-Sharing

When using a ride-sharing application, most people don’t anticipate being injured in a car accident. However, much like all auto accident cases, Uber accidents can occur at any time without any warning. The majority of personal injury cases against Uber involve passengers and rideshare drivers who were harmed in an auto accident during an Uber ride.

Other common examples of potential personal injury cases against Uber include:

What Happens After an Uber Accident?

The aftermath of an Uber accident can be disorienting and scary. It might be difficult to take action right away. However, the steps you take immediately after the car accident can dramatically impact your total compensation amount and settlement check timeline. The faster you’re able to document all of your injuries, property damage, and resulting expenses, the faster and easier it will be to argue for a fair settlement amount.

First, if you’re physically able, document the scene of the accident before leaving. Details you should gather at the scene include:

Next, promptly seek medical treatment and ensure you haven’t suffered any life-threatening injuries. If you delay treatment, the car insurance company can argue the accident was not the primary cause of your injuries. Therefore, it’s imperative to receive medical treatment immediately after an Uber accident.

After you’ve received medical assistance, you must notify Uber. Inform them that you were a passenger involved in an accident with one of their rideshare drivers, and ask for insurance information for your driver’s Uber coverage.

Once you receive the appropriate insurance information from Uber, contact a rideshare attorney before you attempt to contact the insurance company. An attorney can help guide the settlement process and document all present symptoms, medical treatment, loss of income, and other damages related to your case.

Do Injured Uber Passengers and Drivers Have Different Rights?

Unfortunately, Uber passengers and drivers have slightly different rights after an accident. For instance, a driver’s personal insurance must be used if the driver was injured off the clock. Uber will only compensate the driver for property damage if they had existing collision coverage and were en route to or with passengers.

Passengers may have an easier time receiving compensation from Uber. Uber will pay a passenger’s personal injury claim, so long as there’s not another liable driver who should pay first. Similarly, injured passengers or injured third-parties are likely to receive a higher payout from Uber’s insurance company, which has an insurance policy maximum of $250,000.

How Does Uber Liability Insurance Work After a Crash?

Two of the most common questions after an Uber car accident are how Uber’s liability insurance works and how much it’s worth. Uber has publicly acknowledged to riders that it has $1 million in insurance coverage for their in-use vehicles. In-use vehicles are vehicles transporting customers or vehicles en route to pick up customers. However, Uber’s full insurance policy is not public information and can only be disclosed through a court order.

Generally speaking, Uber’s liability insurance varies depending on whether the injured party was a rideshare driver, passenger, or third-party motorist or pedestrian.

Liability Insurance for Injured Uber Drivers

Because Uber rideshare drivers are independent contractors and not direct Uber employees, their liability insurance is a bit different. Uber’s insurance will pay for an injured rideshare driver’s personal injury claim only if another driver was at fault and the other driver was uninsured or underinsured. In other words, Uber encourages its drivers to go through the other motorist’s insurance policy first. Then, Uber will compensate the driver, but only if the other motorist didn’t have enough coverage for all damages.

Furthermore, Uber’s insurance will pay for their driver’s property damage. But they will only pay if the Uber driver had collision coverage on his or her personal auto insurance policy and the driver was en route to or with a passenger. So, unless a driver was on the clock and had existing coverage, Uber is not liable to pay for their property damage.

In no-fault states like Florida, Uber’s Personal Injury Protection (PIP) coverage will pay an on-the-clock driver up to $10,000 in medical bills and lost wages. So long as the accident occurred in a no-fault state, Uber’s PIP coverage is liable even if the Uber driver was completely at fault.

Liability Insurance for Injured Uber Passengers

Both Uber and Uber rideshare drivers owe passengers a duty of care. They must do everything in their power to keep passengers safe. When an accident occurs, Uber will pay for an injured passenger’s personal injury claim as long as there isn’t another driver who should pay first. For example, if an Uber vehicle was involved in a multi-car collision, the driver responsible for the pileup would be responsible for the passenger’s injuries, not Uber.

The passenger must file a claim against the other driver’s bodily injury liability coverage before turning to Uber. If the at-fault driver’s insurance policy is not enough to compensate for all of the passenger’s injuries, the passenger may file an injury claim against Uber’s uninsured or underinsured motorist coverage. Uber will compensate the passenger up to $250,000 for whatever damages remain.

If the Uber driver escorting the passenger was to blame for the accident, the passenger may file a claim for up to $1 million.

Liability Insurance for Third-Party Motorists and Passengers

Because they are a commercial company, Uber’s insurance coverage limits are typically much higher than average car insurance policies. If you were in another vehicle that was hit by an Uber driver, Uber’s liability coverage will pay for your claim, including property and bodily damage. However, the Uber driver must have been responsible for the accident for Uber to pay for your damages.

Likewise, Uber’s liability insurance limits are significantly lower if the rideshare driver was noten route to or with a passenger when the accident occurred. In this instance, Uber’s insurance company offers bodily injury liability coverage of $50,000 per person and $100,000 for the entire accident. They also offer $25,000 in property damage liability. This coverage would only apply if the Uber driver struck you when they were not on the clock, such as on their way home.

Can You Sue Uber After a Car Accident?

Technically, no, you cannot sue the Uber company after a car accident. You can only file a lawsuit against an Uber driver or Uber’s insurance company—not the company itself.

However, you can only sue an Uber driver or Uber’s insurance company in one of two scenarios:

  1. You were injured as a passenger in an Uber vehicle
  2. You were a third-party motorist or pedestrian struck by an Uber vehicle

Filing a Lawsuit as an Uber Passenger

To file an Uber lawsuit as an injured passenger, you must have been in the Uber vehicle at the time of the crash. First, you must file an accident claim against the at-fault driver—whether that be the Uber driver or another motorist. The at-fault driver must be uninsured or underinsured for Uber to pay for your accident damages. If all of these criteria are met, you can formally file a lawsuit against Uber’s underinsured motorist insurance or the Uber driver.

Filing a Lawsuit as a Third-Party Motorist

To file an Uber lawsuit as an injured motorist, an Uber driver must have been at fault for the crash. You can sue the Uber driver, Uber’s insurance policy, or both for property damage and bodily harm from the accident. Uber’s insurance company will pay your claim up to $100,000 for injuries and $25,000 for property damage but can provide up to $1 million. In a no-fault state, such as Florida, you must file a claim against your own insurance before you can file against Uber.

Can You File a Wrongful Death Claim for an Uber Accident?

Yes, you can file a wrongful death claim for an Uber accident. However, your claim will not be against Uber itself. Rather, it will be against the Uber driver or Uber’s insurance company. A wrongful death attorney can help you build an accident case for a loved one killed in an Uber accident.

What is the Average Uber Accident Settlement Amount?

A passenger is limited to $250,000 in Uber’s uninsured motorist (UM) coverage, so most cases will settle for up to that amount unless taken to court. But remember that Uber has publicly acknowledged they have $1 million in insurance coverage for their vehicles, and they can pay up to that amount for severely injured passengers. Your total Uber accident claim amount will vary depending on the severity of your injuries and the total damages caused by the accident.

The following are some recent Uber accident settlement amounts. Have a look over them to determine how much the value of your case could be worth. As a general disclaimer, accident victims with more severe injuries will likely receive higher compensation than victims with mild damages.

$260,000 Florida Uber Accident Lawsuit

While transporting a passenger, an Uber driver in Miami, Florida was T-boned by another motorist. The at-fault driver was making a left turn and failed to see the Uber vehicle. As a result, the Uber driver suffered a fractured vertebra in his middle back.

The accident injury resulted in significant pain and aggravation. In addition to almost $100,000 in medical bills, the victim also acquired a significant loss of income while recovering. Between a lawsuit from the at-fault driver and Uber’s existing policies for rideshare drivers, the victim received a $260,000 settlement.

$500,000 California Uber Accident Settlement

A young woman in San Francisco, California was riding her bicycle when she was struck by an Uber driver in a large SUV. The bicyclist was riding in a designated bike lane, located to the right of the right-hand turn lane. The Uber driver was headed straight. At the last moment, the Uber driver attempted to make a right turn through the bike lane and collided directly into the bicyclist.

The bicyclist was thrown in the air and landed hard on the pavement, suffering numerous facial fractures, internal bleeding, and a severe arm fracture. Her fractured arm required two surgeries to repair the damage. Initially, Uber’s insurance company tried to argue the bicyclist was in the wrong. However, her personal injury lawyer proved the Uber driver attempted to make an illegal turn, and she was ultimately granted $500,000.

Factors That Determine The Value of Your Case

There is no set average value for Uber accident cases. Several factors can impact the value of your case. The most common factors that determine the value of an Uber accident case include the severity of the injuries, medical expenses, total damages, and available insurance.

Severity of Injuries

In personal injury law, more serious injuries typically receive higher compensation. This is because, in general, severe injuries are significantly more painful, require more medical attention, and take longer to heal. For instance, a sprained wrist can heal within a few weeks and is a minor accident injury, whereas a limb amputation is a serious, permanent injury.

Current and Future Medical Expenses

Both current and future medical expenses must be accounted for in your Uber accident settlement. You cannot return to Uber a few months down the line to demand more compensation, so your initial settlement must account for the entirety of the medical treatment you will receive.

Returning to the above example, a sprained wrist requires immediate medical treatment that will only last a maximum of months. Limb amputation is a permanent injury that requires life-long care. Therefore, the total settlement amount must address the multiple years of medical attention that await.

Economic, Non-Economic, and Punitive Damages

There are three types of damages in an Uber accident lawsuit: economic, non-economic, and punitive.

The more damages you acquire in your Uber accident claim, the higher your overall settlement value will be.

Amount of Available Insurance

Whether you’re a rideshare driver, passenger, or third-party, insurance will play a huge role in your overall settlement value. Uber has a variety of policy limits to compensate injured parties. However, if you’re an injured driver or passenger and another driver was at-fault for your injuries, you will have to file a claim against the at-fault driver’s personal insurance first. The amount of available insurance will impact the total amount of compensation you may receive.

How Does an Uber Accident Attorney Help After a Crash?

Uber and ride-share accident claims can be complicated, especially since multiple insurance companies may be involved. While insurance companies are willing to negotiate with accident victims, they tend to offer way below case value. Plus, they might attempt to force you to settle for a lump sum before you know the full extent of your medical bills or other damages.

Before dealing with an insurance adjuster alone, consider consulting with an experienced Uber accident attorney. A personal injury lawyer can investigate the accident and gather all applicable evidence, including medical bills, lost wages, pain and suffering, and more. They can help form a solid accident case while you focus on healing. Plus, an Uber accident lawyer can handle negotiations with the insurance company, which provides you the best chance of receiving fair compensation.

How Long Does it Take to Settle Uber Accident Claims?

The amount of time it takes to settle Uber accident claims varies. You must sign a release before you can receive a settlement check. The release makes your settlement against Uber final, meaning you will not be able to file secondary charges should your injuries worsen over time. This is another reason why it’s helpful to work with an Uber accident attorney, as they can help ensure you’ve reached maximum medical improvement (MMI) before signing on the dotting line.

Once you’ve signed your release, you should receive your settlement check relatively quickly. Some attorneys may choose to demand the settlement check is overnighted or expedited before signing the release. Otherwise, it generally takes two to six weeks to settle an Uber accident claim.

Can an Uber Accident Lawyer Handle a Lyft Claim?

Yes! Rideshare attorneys are well-versed in all auto accidents, from truck accidents and motorcycle accidents to Uber and Lyft claims. They are knowledgeable about how to negotiate with rideshare insurance companies to help you receive maximum compensation. Plus, a rideshare attorney can also negotiate medical liens from your healthcare providers and help maximize your total compensation.

Seek a Free Consultation with a Personal Injury Law Firm

If you or a loved one has been injured in an Uber car accident, seek legal advice from a trusted law firm knowledgeable in rideshare accidents. Whether you were injured as a driver, passenger, or third-party, a personal injury attorney can help argue for the highest possible compensation. Seek a free case evaluation today to learn what your case might be worth.

Cervical Spine Neck Injury Settlement Amounts

Did you know more than 800,000 car accidents involving neck injuries are reported annually in the U.S. alone? From rear-end collisions to side-impact wrecks, car accidents are the primary cause of neck injuries in America. If you’ve recently injured your neck in an accident, doctors have likely referred to your injuries as damage to the “cervical spine,” the medical term for the bones and tissue that make up your neck.

A cervical spine injury can be completely life-changing, creating emotional and physical trauma as well as thousands of dollars in medical bills and lost wages. After suffering a cervical spine injury, you likely have dozens of questions—among the first may be how to reclaim the damages you’re owed.

Today, we’re discussing cervical spine injury settlement amounts as well as the factors that can influence your individual personal injury case.

What Are the Most Frequent Car Accident Back Injuries?

Your spine is one of the most delicate components of your body. It houses your spinal cord, which carries information from your brain down to the rest of your body. The bones that make up your spine are called vertebrae, and these bones are separated by jelly-like cushions called intervertebral discs.

Muscles, tendons, ligaments, and nerves help maintain the structure and integrity of your spine. Medically, the spine is classified into three sections: cervical, thoracic, and lumbar.

  1. The cervical spine is your neck, from the base of your skull to your shoulder blades.
  2. The thoracic spine is your mid-back, from your shoulder blades to the bottom of your ribs.
  3. The lumbar spine is your lower back, from the bottom of your ribs to your hips.

A violent car accident can traumatize the sensitive components of your spine, which can lead to spinal injuries or debilitating back pain. Keep reading for the most common back injuries from car accidents.

Compression Fractures

A compression fracture occurs when a vertebra partially or completely breaks. Compression fractures generally occur in the thoracic (mid-back) or lumbar spine (lower back). These fractures typically occur when the upper part of the body is thrown forward while a seat belt restricts the lower half. This rapid motion causes the vertebrae to pull apart, fracturing the delicate bones. Compression fractures can cause chronic pain that worsens with movement over time.

Spondylolisthesis

Spondylolisthesis is the medical term for when a single vertebra slips out of place. This type of injury typically occurs at the base of the spine, but much like a compression fracture, can happen anywhere in the back. Spondylolisthesis is caused by spondylosis, or when a fracture in the vertebra forces the bone to move forward, backward, or over another bone.

Unlike a compression fracture where you can typically feel the symptoms immediately, spondylolisthesis tends to be one of the many delayed pains after an accident. Symptoms may not appear for weeks or months after the crash.

This is why it’s crucial to receive medical attention immediately after the incident, even if you’re not experiencing significant pain. Early documentation of damage (especially if it includes a diagnosis) can increase the value of your back injury settlement.

Bulging or Herniated Discs

We keep mentioning the intervertebral discs in this article, and for good reason. Your body has 23 spinal discs, and each holds an important purpose. These cushion-like discs rest between each bone to prevent your vertebrae from painfully rubbing together, plus they give your spine flexibility to bend, twist, and move. Violent collisions may damage one or more spinal discs, causing a bulge or disc herniation.

A bulging disc occurs when the outer cartilage of the spinal disc cracks, revealing its soft center. A bulging disc injury can be caused by age-related wear and tear or pre-existing spinal conditions. However, an auto accident can worsen existing damage and create a disc herniation.

A herniated disc occurs when the gel-like center of the intervertebral disc leaks into the spinal canal. The disc herniation itself can cause pain and swelling, but the aggravation to surrounding nerves can create a tingling, burning, and stabbing sensation. Bulging disc injuries and herniated disc injuries can also press on the spinal cord, transmitting intense pain to the legs and lower back.

Soft Tissue Injuries

Your spine is composed of several different types of soft tissue, including muscles, tendons, ligaments, and nerves. A muscle is a band of tissue responsible for movement. A tendon is a type of tissue that links muscle to bone. A ligament is a band of fibrous tissue that connects bone to bone at your joints.

During a car accident, the rapid forward-backward or side-to-side motion can cause these delicate tissues to stretch or tear. This soft tissue damage can include mild to severe back pain.

Damage to soft tissue goes by two names: sprains and strains. A sprain is a soft tissue injury caused by a tear in the ligaments. A strain is a soft tissue injury caused by a tear in the muscles or tendons. Soft tissue injuries themselves, as well as the above common back injuries, can create nerve damage, which furthers feelings of pain and discomfort.

Spinal Cord Injuries

Damage to the spinal cord is one of the more serious injuries you could sustain in a car accident. Spinal cord injuries range from cord pressure and bruising to partial or total paralysis. Spinal cord damage can cause you to lose sensation in parts of your body or lose reflex functions altogether.

Along the way, spinal cord injury victims may have several complications, including infection, bleeding blood clots, and pneumonia. Individuals with permanent injury may have to undergo cervical fusion surgery or an alternative type of spinal surgery to repair the damage.

What Are Common Neck Injuries After a Car Crash?

Car accidents can cause a lot of serious injuries, and among the most serious are injuries to the cervical spine. The cervical spine, or neck, consists of seven cervical vertebrae referred to as C1 through C7.

These bones run from the base of your skull to the top of your shoulders. Cervical vertebrae are especially important, as they contain the atlas (C1) and the axis (C2). These delicate bones influence your center of gravity, mobility, and more.

Just like the thoracic and lumbar spine, the cervical spine is incredibly vulnerable to injury during a car crash. Your head tends to rush forward on impact, which can severely damage the fragile structures there. The trauma from an auto accident can damage both the atlas and the axis, resulting in severe injuries.

Neurological Difficulty

Cervical vertebrae are small, measuring just under an inch wide. But despite their small size, they balance a whole lot of weight. In fact, your atlas bears the weight of your entire head, which is about 11 pounds on average. Your atlas is also responsible for facilitating movement between your head and neck, meaning it helps your head nod and shake.

The impact of a car accident can cause your atlas to become misaligned. When this happens, it interrupts the communication between your brain and the rest of your body. This disruption can make it difficult to move your head, and it can lead to neurological difficulty. As a result, issues with memory, sleeping, and balance can occur.

Whiplash

Whiplash is undoubtedly one of the most common auto accident injuries. Also referred to as whiplash-associated disorder (WAD), it’s actually a type of sprain caused by a tear in the neck’s delicate ligaments. During an auto accident, the rapid back-and-forth motion causes the neck to rush forward and then snap back, stretching or tearing the sensitive soft tissue.

Immediately after an accident, the symptoms of whiplash may not be apparent. Whiplash symptoms can appear days or weeks after the accident occurred. Generally, whiplash creates localized neck and shoulder pain, as well as a limited range of motion in the cervical spine. In more severe cases, whiplash can cause chronic headaches, dizziness, and vertigo. Your total whiplash personal injury settlement typically relies on the severity of the injury.

Spinal Cord Injuries

Much like the lower regions of the spine, the neck can also receive spinal cord damage in an auto accident. Severe spinal cord damage in the neck can cause partial or total paralysis, or it can cause a victim to lose sensation and reflex functions from the neck down. A cervical spinal cord injury may also lead to bleeding, blood clots, and infections, such as pneumonia.

What Are the Types of Damages in a Cervical Spine Neck Injury Claim?

Before searching for cervical spine injury settlement amounts, it’s important to fully understand the types of damages that can be included in an injury claim. There are two types of damages in most car accident cases: special and general.

What are Special Damages?

Special damages are expenses that are capable of exact calculation. They’re tied to a precise number, which can usually be found on a receipt, bill, or statement. Special damages are also referred to as “economic damages” for this reason.

Examples of special damages included in an accident settlement:

What are General Damages?

General damages are expenses that are not capable of exact calculation. They refer to the emotional and mental damages suffered from a car accident. For this reason, they’re referred to as “non-economic damages,” since they’re not tied to a number. However, that’s not to say general damages don’t increase the value of your case.

Non-economic damages typically include the hardships your accident caused, including:

Major Neck Injury Settlement Amounts

Average neck injury settlements can be hard to estimate. Much like any type of personal injury claim, neck injury settlements vary wildly depending on the individual factors of each case. When neck and back injuries are catastrophic, settlement values can go into the millions. The following cases detail some pretty devastating damages as well as the sizable compensation the victims received.

$5.1M for a Hit-and-Run Case

A man in New York received a $5,160,916 verdict after being in a hit-and-run car accident case. The man was a passenger traveling in a company-owned truck when the at-fault motorist ran a stop sign and collided with the truck’s passenger side. The at-fault motorist then fled the scene. The victim suffered disc bulges in two spots in his lower back and disc protrusions at three spots in his neck. He required spinal fusion surgery in two places and had to begin weekly treatments of chiropractic therapy, physical therapy, and acupuncture. Despite his efforts, his range of motion was severely impacted, and he was unable to return to his career as a landscaper.

$2.7M for a Side-Impact Accident

In another car accident case, a 60-year old retiree received a $2.76 million cervical spine neck injury settlement after he was hit by a United Parcel Service (UPS) truck operator. The victim was sitting in his double-parked car on a two-way road when the truck operator approached from behind.

The UPS truck driver entered the opposite lane to pass the victim’s vehicle but was met with oncoming traffic. The truck operator then swerved the truck back into the victim’s lane, colliding directly into the victim’s vehicle. The victim sustained serious injuries to his neck and back, which required an anterior cervical discectomy, cervical fusion, and lumbar fusion surgery.

$2.4M for a Rear-End Collision

Lastly, consider the 39-year-old customer service technician who received a $2,400,000 settlement from his accident with a commercial truck. The truck operator rear-ended the victim’s car in stop-and-go traffic, causing devastating neck injuries. The truck accident was so severe, the trunk of the victim’s vehicle was crushed, and his rear-view window was shattered.

The victim sustained serious injuries to his neck and lower back, including herniated discs. Required medical expenses included spinal fusion surgery as well as future medical attention, including epidural injections in his cervical spine. The resulting damage caused the victim to be unable to return to work and created intense feelings of stress, depression, and chronic anxiety.

Minor Cervical Spine Neck Injury Settlement Amounts

Bear in mind, the average settlement amount for minor neck and back injuries are generally much smaller, such as $10,000 to $100,000. For instance, an injury that requires minimal treatment and recovery time will average roughly $25,000. The only way to get an accurate idea of the value of your injury claim is through a consultation with an attorney.

8 Factors That Affect Cervical Spine Injury Settlement Amounts

While the settlement amounts above may seem promising, that’s not to say there’s a fixed settlement sum for neck injuries sustained during a car accident. It’s important to understand each car accident has varying factors (such as total damages or liability) that impact its overall settlement value.

Your personal injury settlement will be directly impacted by your injury type and the medical treatment necessary. In fact, there are eight factors that influence the average settlement for cervical spine injuries. We discuss them below.

1. The Severity of the Neck Injury

The severity of the injury refers to the extent of the injury itself as well as the healing time. A minor sprain can heal within a few weeks. A fracture can heal in a few months. Paralysis is forever.

The timeline for healing, as well as the amount of medical treatment required during the healing process, directly impacts your potential settlement amount.

Consider it this way: The National Spinal Cord Injury Statistical Center reports that the average lifetime cost of a spinal cord injury is $5 million for a 25-year-old victim. The average first-year cost for a quadriplegic is $1.5 million. In comparison, a minor injury that requires weekly chiropractic treatment may only cost $10,000 a year, depending on insurance.

2. The Need for Ongoing Medical Treatment

After a car accident, you may need to visit cervical spine specialists, doctors, surgeons, and physical therapists. In many cases, you may require ongoing medical treatment to regain range of motion, decrease pain, and improve strength.

Ongoing medical care for cervical spine injuries includes:

3. The Need for Spinal Fusion Surgery

Surgeries are a massive investment—not just financially, but emotionally and physically. Surgeries involve lengthy hospital visits and require rehabilitation. Having a surgery also means you endure the risk of infection and complications. Not to mention, additional doctors and surgeons may be required to care for you.

Generally speaking, spinal fusion surgery can increase the overall price of a settlement. Unlike minor injuries, an injury that requires spinal fusion surgery averages more than $200,000. This is evidenced by the multi-million examples above in which all victims required surgery.

4. The Amount of Pain and Suffering

Car accidents are traumatic in and of themselves, but suffering cervical spine injuries can create severe emotional duress. From heightened emotions to feeling generally overwhelmed, car accident victims can experience high levels of stress, anxiety, depression, and even PTSD. The constant wave of emotions and fatigue is collectively referred to as pain and suffering.

Pain and suffering are non-economic damage that can significantly increase your accident settlement. For example, a victim with serious injuries may experience a significantly decreased quality of life. In turn, this factor increases its overall settlement amount. While no amount of money can erase the accident, it can help a victim resume a normal lifestyle as best as possible.

5. The Ability to Return to Work

Accident victims with serious injuries often struggle to find or return to work. A neck injury could keep you out of a job for months or longer, so your settlement must include lost income. For instance, a bulging disk can make standing or sitting pure agony. If your job requires you to stand for hours on end or sit for long periods of time, you may not be able to return to work at all. Not to mention, a spinal cord injury can make lifting, reaching, bending, or twisting impossible.

Plus, pain medications can cause drowsiness or dizziness, making returning to certain positions dangerous.

It’s key to work alongside a car accident lawyer to determine how your neck injury affects your lifetime income.

Remember, you can only file one claim for your injuries—you can’t follow up in ten years seeking more compensation because of an inability to work. A strong attorney-client relationship can help you properly price lost wages and determine your accident’s impact on future income, so you can receive the compensation you deserve.

6. The Amount of Available Insurance Coverage

In the state of Arizona, you need to file an insurance claim with the at-fault driver’s insurance company to seek compensation for your damages. If the at-fault driver was working when the accident occurred, such as in the UPS example above, you might be able to file a claim against their employer as well. Having two avenues for filing could increase your settlement amount.

The reasoning behind this is the amount of available insurance coverage. When you can file against multiple insurance policies, you have more of a chance of receiving full compensation for your damages. Cervical spine neck injuries can be physically, emotionally, and financially devastating.

They involve medical bills, lost earnings, pain and suffering, and more. A personal injury lawyer will pinpoint every insurance policy that could pay for your injuries. For example, if the liable driver’s insurance policy limit is not adequate, your lawyer may consider tapping your own policy’s Personal Injury Protection (PIP) or uninsured/underinsured coverage before filing a lawsuit.

7. The Strength of Your Personal Injury Case

When discussing cervical spine injury settlement amounts, you must bear in mind the strength of your personal injury case. Not every neck injury case is black and white, and the at-fault driver could blame you for the accident. Likewise, auto insurance companies like to blame injured parties by citing comparative fault laws, which can slash your settlement amount.

For instance, a no-fault state like Florida may handle a case differently than a fault state, like Arizona or Texas. To counter aggressive insurance companies and defense attorneys, you need a strong case and a skilled personal injury attorney.

8. The Statute of Limitations for Your Claim

Every state has a statute of limitations on filing personal injury claims. A statute of limitations is a time limit placed by courts that determines how long a victim has to file a civil lawsuit or take action against the individual who harmed them. Arizona has a two-year statute of limitations for a car accident personal injury claim.

If you proceed with legal action immediately after sustaining cervical spine damage in a car accident, you likely won’t have to worry about your statute of limitations expiring. However, if you received delayed injuries and were not aware of their extent for several months, you should confirm your case still falls under the statute of limitations in your state.

Who Pays a Neck Injury Settlement?

Neck injury lawsuits are typically filed when car accident victims do not receive enough from an insurance claim to cover medical costs, lost wages, property damage, and other expenses. Filing an injury claim allows you to sue the responsible party and/or their insurance company to recoup your damages. The party that pays your neck injury settlement depends on which avenue you and your attorney chose to take: an insurance claim or a lawsuit.

Receiving an Average Settlement from the Insurance Company

Before diving into a lawsuit, your car accident attorney will first attempt to work with the at-fault driver’s insurance company to recoup damages. Your attorney will investigate all aspects of the collision and document each detail of the case before submitting a demand letter to the other party’s insurer.

If the insurance company rejects your claim or offers a counterclaim, your attorney will negotiate with the insurance adjuster to obtain a fair settlement offer. If you’re pleased with the settlement offer, the timeline is expedited, and a check can be released to your attorney.

In many cases, however, the insurance company doesn’t make a satisfactory offer. If this occurs, your lawyer will advise you about moving forward with a civil lawsuit against the other motorist and their insurance company.

Filing a Lawsuit to Collect Damages

If negotiating with the insurance company doesn’t work, you might need to file a lawsuit to recoup your damages. A lawsuit for a motor vehicle accident begins with a complaint—a legal document typically prepared by your lawyer that details your version of events and what you expect for your suffering.

Whether your car accident attorney can prove negligence in your case—and how negligent the at-fault driver was—will affect your neck injury payout and if a judge or jury rules in your favor. If the jury verdict finds the other driver at-fault, the driver or their insurance company must release a check to your attorney which will then be dispersed to you.

Do You Need an Attorney for a Neck Injury Settlement?

Many cervical spine injury victims question whether they need an attorney from a reputable law firm to guide them through the settlement process. But achieving a neck injury car accident settlement is not as cut-and-dry as you may think. Throughout the insurance claim or lawsuit process, you must provide a plethora of evidence, give a detailed breakdown of all damages (special and general), and establish liability. Not to mention, your goal is likely to maximize your potential compensation.

If you’ve experienced a neck injury from a car, truck, or motorcycle accident, err on the side of caution and contact a reputable car accident lawyer in your area. Building a strong attorney-client relationship with a knowledgeable attorney is essential to your case. An attorney is versed in negotiations with the insurance company and trial law, and they can effectively represent you in court. Plus, they can handle the claims or lawsuit process so that you can focus on healing.

Seek a Free Consultation Today

Cervical spine injuries can range widely, from strains and sprains to paralysis. So, the settlement amount for any one motor vehicle accident must be decided on a case-by-case basis. The only way to know if you’re receiving fair compensation is to ask the opinion of a trained personal injury lawyer. Seek a free case evaluation today to learn how much your neck injury settlement amount may be worth.