Personal Injury
Fusion Surgeries After Personal Injury: Legal Considerations for Complex Injury Claims
Estimated Reading Time: 6 – 7 minutes
Index
- What Is a Fusion Surgery?
- Common Causes: Personal Injuries That Lead to Fusion Surgeries
- Why Fusion Surgeries Complicate Personal Injury Claims
- The Legal Value of an Experienced Personal Injury Lawyer
- Nebraska-Specific Laws That Impact Complex Injury Cases
- What Damages Can You Claim After a Fusion Surgery?
What Is a Fusion Surgery?
Spinal fusion is a major surgical procedure used to stabilize and repair damaged vertebrae in the spine, often after traumatic injuries. This process involves joining two or more vertebrae together using metal plates, rods, or bone grafts. It may be performed in the cervical (neck), thoracic (mid-back), or lumbar (lower back) spine.
The goal of fusion is to eliminate motion between damaged vertebrae and reduce pain or nerve compression. However, recovery is long and complications may arise, especially when the surgery is connected to a serious accident or injury.
Many of our personal injury clients come to us after spinal trauma from vehicle accidents, falls, or work-related injuries—making fusion surgery a medically and legally complex event.
Explore our Personal Injury service insights to see how we can help you.
Common Personal Injuries That Lead to Fusion Surgeries
Not all injuries result in fusion surgery. However, the following events often cause damage serious enough to require spinal stabilization:
- Car accidents: High-impact crashes often result in spinal fractures or herniated discs.
- Trucking accidents: Due to size and weight, these crashes increase the risk of severe spinal trauma.
- Falls: Falls from ladders or icy walkways can cause vertebral compression fractures.
- Workplace injuries: Particularly in construction or manual labor, back injuries are common and may lead to fusion.
- Re-aggravated injuries: Pre-existing back injuries worsened by a new incident may also require surgical fusion.
These incidents may lead to not only immediate spinal damage but also long-term loss of mobility and quality of life.
Learn about the 10 Most Common Motor Vehicle Accident Injuries in Nebraska.
Why Fusion Surgeries Complicate Personal Injury Claims
When a personal injury claim involves a fusion surgery, the stakes—and the complexity—go up. Here’s why:
- Cost of care: Fusion surgeries can cost $50,000 to $150,000+ including follow-up treatment, physical therapy, and medication.
- Long-term disability: Many patients require ongoing pain management and may not return to work.
- Insurance pushback: Insurance companies often challenge whether surgery was “necessary” or whether a pre-existing condition existed.
- Causation challenges: Defendants may argue the accident didn’t directly cause the spinal condition.
These cases often involve voluminous medical records, second opinions, and detailed expert testimony. At Chandler|Conway, we have experience proving causation and necessity in high-stakes injury cases—especially when insurance companies try to deny responsibility.
Read our list of Personal Injury Claim FAQs.
The Legal Value of an Experienced Personal Injury Lawyer
Having an experienced lawyer isn’t just helpful—it’s essential in fusion surgery cases. A skilled attorney will:
- Coordinate expert medical testimony to prove the surgery was caused by the incident.
- Gather and preserve key evidence such as accident reports, diagnostic imaging, and surgical notes.
- Accurately calculate damages including future medical expenses, wage loss, and pain/suffering.
- Negotiate aggressively with insurers to avoid lowball settlement offers.
- Take the case to trial if necessary, especially when fault or causation is disputed.
At Chandler|Conway, our legal team has helped clients recover meaningful compensation for back injuries requiring major medical intervention. Learn more about how we approach personal injury cases.
For more information, read our article to decide: “Do I Need a Personal Injury Lawyer?”
Nebraska-Specific Laws That Impact Complex Injury Cases
In Nebraska, personal injury lawsuits—including those involving spinal fusion surgeries—must be filed within a 4-year statute of limitations, starting from the date of the accident. This time limit, outlined in Nebraska Revised Statute § 25-207, is critical because if you wait too long, you may lose the right to pursue compensation altogether.
Since spinal fusion surgeries are often performed months or even years after the initial injury, your attorney must work to clearly establish a medical link between the accident and the later procedure to ensure your claim is both valid and timely. Failing to act within this window can result in a lost opportunity to recover damages, even if the surgery was necessary and injury-related.
Personal injury law in Nebraska has several unique features that impact how fusion surgery claims are handled:
- Comparative negligence: Nebraska follows a modified comparative fault rule. If you’re found to be more than 50% at fault, you may not recover compensation.
- Medical records access: Nebraska law governs how and when you can access or release your health information for legal claims.
- Statute of limitations: You typically have 4 years from the date of the injury to file a claim (shorter for some claims involving municipalities).
Understanding this deadline and how it applies to your case is one of many reasons why early legal consultation is so important. Let’s explore how an experienced Nebraska attorney—like those at Chandler|Conway—can help build and support your claim, especially when fusion surgery is involved.
Learn how to Calculate the Value of Your Personal Injury Claim in Nebraska.
What Damages Can You Claim After a Fusion Surgery?
Fusion surgeries carry not only high costs but long-term consequences. You may be entitled to compensation for:
- Medical bills: Surgery, hospitalization, rehab, and medications.
- Lost wages: Past and future income if you’re unable to return to work.
- Pain and suffering: For chronic pain, physical limitations, and emotional distress.
- Loss of earning capacity: If your career options are permanently limited.
- Permanent disability damages: If you cannot perform normal activities or work again.
Your legal team should calculate damages using both economic data and testimony from medical and vocational experts. See how damages are handled in Nebraska personal injury cases.
Nebraska has several laws related to when people can file claims. Find out How Long you Have to File your Personal Injury Claim.
Why Choose Chandler|Conway for Serious Injury Cases?
At Chandler|Conway, we don’t just handle personal injury—we focus on serious injury cases in Omaha and throughout Nebraska. We bring:
- Proven experience with spine and orthopedic injury claims.
- Connections to medical professionals for expert opinions.
- Deep knowledge of Nebraska law and local court procedures.
- A results-driven approach that doesn’t settle for less than what clients deserve.
If you’ve undergone—or are facing—fusion surgery due to someone else’s negligence, we can guide you through the legal process and fight for the compensation you need to recover.
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Get the Help You Deserve
If you or a loved one has undergone a spinal fusion surgery after a personal injury, don’t navigate this process alone. The legal and medical issues involved are complex—and insurance companies won’t advocate for your full recovery.
Contact Chandler|Conway today for a free consultation. Let us review your case, answer your questions, and help you take the next step toward justice and financial recovery.