Do Epidural Steroid Injections Impact Injury Settlements?

 

Epidural steroid injections (ESIs) can impact injury settlements, especially in cases where a person’s pain and suffering, medical expenses, and future medical needs are under consideration for a personal injury lawsuit.

If you or a loved one is considering pursuing a settlement after suffering an injury that someone else’s negligence caused, our Atlanta personal injury lawyer at John Foy & Associates can seek maximum compensation for your steroid injection treatments and other accident-related expenses.

What Are Epidural Steroid Injections (ESIs)?

Epidural steroid injections (ESIs) are medical treatments healthcare professionals use to manage pain, particularly chronic back and neck pain. ESIs also treat painful nerve irritation or inflammation by delivering corticosteroids directly into the epidural space, the area around the spinal cord and nerves. 

Corticosteroids can relieve pain and discomfort for various conditions, such as herniated discs, sciatica, spinal stenosis, and post-surgical back pain. Patients can receive an epidural steroid injection as part of a broader treatment plan that may include physical therapy, medication, and lifestyle changes. It is usually not a first-line treatment, but a medical professional may consider it if other less invasive treatments do not relieve pain.

How Do ESIs Work, and Are They Effective?

During the procedure, a medical provider uses an imaging technique to inject a steroid medication near the affected nerves in the lower back. The goal is to decrease inflammation and, as a result, decrease pain and improve function.

ESIs can provide temporary or long-lasting relief, depending on the severity of the injury. Some patients experience significant pain relief for weeks or even months after an injection. While the injections are generally safe, they come with potential risks and side effects, such as:

• Infection
• Bleeding
• Nerve damage
• Allergic reactions
• More serious but rare effects, such as spinal headache or dural puncture 

Patients must consider these potential risks against the benefits of pain relief when deciding whether to proceed with ESI treatment.

How Do ESIs Affect Personal Injury Settlements?

Here are some ways epidural steroid injections impact injury settlement awards in personal injury cases:

Evidence of Seriousness of an Injury

If you are undergoing an ESI procedure, this can show the severity of your injury and the pain you feel. Since ESIs are often prescribed for severe pain that hasn’t responded to other treatments, using them can indicate a serious injury, potentially leading to a higher monetary settlement.

Medical Expenses

ESI costs, including the procedure itself and related expenses (e.g., follow-up visits, recovery time), can significantly increase the total medical costs related to the injury. These costs are typically recoverable in a personal injury settlement.

Future Medical Needs

If the injury requires ongoing ESIs or the injections indicate a potentially chronic condition, this can affect the settlement by increasing the estimated future medical costs. Settlements often account for past and future medical expenses and ongoing pain and suffering.

Pain and Suffering

The need for steroid injection treatment can serve as evidence when making an injury claim for pain and suffering after a car accident, potentially leading to a higher compensation for these non-economic damages.

We Can Combat Potential Defenses Against Damages for ESI Treatment

Seeking compensation for epidural steroid injection use can run into challenges from the opposing side. Defendants might introduce questions about the direct cause of the injured person’s pain, arguing that the plaintiff’s ESI use indicates pre-existing conditions or injuries unrelated to the incident. This could complicate a settlement.

Also, if the ESIs effectively reduce the plaintiff’s pain and improve function, the defense might argue that they should receive less compensation since they have found a way to manage their injury.

Our Lawyer Will Build Your Steroid Injection Compensation Case

A personal injury lawyer from our firm can argue why you should recover full compensation for epidural steroid injections. We will focus on several key areas of the claim and consider which strategic approach to take.

We also can:

• Collect medical evidence: We will document your need for ESI treatment. The evidence can include opinions from the medical professionals who treated you, diagnostic imaging, and your treatment history. This documentation can directly link the injury suffered to the need for such invasive treatments, showing your condition’s severity.
• Document expert testimony: Medical experts who can testify about the necessity and efficacy of ESIs in treating your injury can be pivotal. They can explain the typical outcomes of such injuries, the standard treatment protocols, and why steroid injections were included in your medical care.
• Show the extent of your pain and suffering: We can use your treatment journey, including steroid injection use, to show the level of pain and suffering you endured. Personal testimonies, daily impact statements, and detailed descriptions of the treatment process can show your treatment’s physical and emotional toll.

Documenting Your Economic and Non-Economic Damages

Our Atlanta back injury lawyers at John Foy & Associates can account for the costs associated with your ESI treatment to help show how they could impact your injury settlement. This includes the injections, follow-up care, any side effects treatments, and transportation costs. 

For non-economic damages, we can argue how the injury and subsequent treatments, like ESIs, have affected your quality of life, ability to work, and perform daily activities. If you need ongoing corticosteroid injections, we will argue for future medical expenses. These could include costs for additional injections, potential surgeries, or long-term care needs, as supported by medical expert advice.

Our personal injury attorneys will present your case and seek a fair settlement from the insurance company for your injuries and expenses. If we cannot settle your case, we will seek compensation at trial.

Countering Causation and Comparative Negligence Claims

To challenge claims that your ESI treatment was related to pre-existing conditions, we must establish how the incident directly caused the injury that required injection treatments. This might involve detailed medical histories, pre-incident medical records, and expert analyses to refute assertions that the incident did not directly cause the need for ESI use.

In jurisdictions where comparative negligence is considered, we must prepare to argue that even if you or a loved one shared responsibility for causing the incident, the severity of the treatment required (as indicated by ESI use) underscores the severity of the defendant’s negligence.

Call Today for Help for a Personal Injury Case Involving ESIs

Epidural steroid injections can impact injury settlements, which could result in injured parties receiving higher compensation. If someone else’s carelessness or recklessness caused an injury that requires you to undergo this expensive treatment, we will fight for your rightful monetary award.

We will review your case and determine how much you can demand from the liable party. While you recover from the accident, we will work toward recovering maximum compensation so you can have peace of mind and the money you need to pay for your treatments. Contact John Foy & Associates today for a free consultation.