Eye injuries are not talked about as much as other types of bodily damage, but it’s impossible to overstate the devastating effects of compromised vision. Even temporary vision loss, blurred vision, or loss of peripheral vision can be terrifying. These conditions can impair your ability to drive, perform your job duties, and many other tasks in your daily life.
Among the possible eye injuries you can sustain, detached retina, or retinal detachment ranks high on the list. Sometimes, retinal detachment is an unlucky turn of genetics or biological abnormality, which is beyond one’s control. At other times, someone or something is responsible for the accident that resulted in your eye injury. If you’ve sustained a detached retina from a car crash, slip and fall, or any other accident, you may be in the process of filing an injury claim. Maybe you have a lawyer already but have doubts about what they’re telling you your case is worth. We’d like to provide you with some answers regarding these issues, but we can only offer general information that may not be applicable to your lawsuit. If you’d like an approximate case value for your specific accident, please give us a call and schedule a time to speak with one of our attorneys.
What is Retinal Detachment?
The retina is a thin layer of tissue that lies behind your eye. Retinal detachment occurs when the retina is pulled away from its normal position. This is a medical emergency, since untreated retinal detachment can lead to partial vision loss or permanent blindness. While retinal detachment isn’t painful, there are warning signs that should be taken seriously. These include:
- Sudden appearance of floaters, which are tiny specks or squiggly lines that seem to “float” in front of your eyes.
- Photopsia, or light flashes in one or both eyes.
- Blurred or cloudy vision
- Reduced peripheral (side) vision.
- Sensitivity to light.
- Sudden appearance of a dark shadow in front of, or the sides of your eyes.
Retinal detachment can happen for a number of reasons, such as diabetes, extreme nearsightedness, and eye disease. They can also occur when the eye in injured in an accident that involves blunt force trauma to the head. Thus, it’s extremely important to seek medical attention right away following an accident, especially if you experience any of the above symptoms.
After you receive treatment, make sure to speak with a personal injury lawyer who can advise you of your legal options. If the accident that led to your detached retina was caused by someone else, you may be able to sue them for monetary compensation. However, the law limits the amount of time you have to file a claim, so you must take action right away.
Contact Normandie Law Firm and learn about your rights as an eye injury victim.
Causes of Retinal Detachment
There are various accidents that can cause the retina to detach from your eye. Here are some of the most common examples:
- Car accidents
- Motorcycle accidents
- Falling objects from store shelves
- Slip and falls
- Trip and falls
- Medical malpractice (wrong diagnosis, surgical error)
- Defective product accidents
- Workplace accidents
- Collapsing roof or ceiling
Essentially, any kind of accident that causes trauma to the eye can lead to retinal detachment. Trauma to your eye can also result from surgical errors or misdiagnosis during an eye exam. Once the retina detaches, surgery is usually required to reattach the retina and treat related conditions like retinal tears and holes in the retina. Afterwards, it takes several months on average for your vision to improve, but unfortunately, many patients experience some form of vision loss. You may also need additional surgery, and struggle financially from the medical costs and time lost from work while you recover.
You should not be burdened with these costs if your eye injury was the result of someone else’s negligence. That’s why California law allows you to sue and recover damages from the responsible party. But just how much can you receive in a lawsuit for a detached retina injury? You may also be wondering how long you will need to wait before you receive payment. These are pressing questions in the mind of any accident victim, and we hope to provide you with some helpful answers in these areas. However, this information is based on the average of our previous cases and is not an accurate reflection of what you can receive for your specific injury. For a case value estimate based on your own circumstances, please schedule a free consultation with one of our attorneys.
Our Recent Verdicts and Settlements
$295,000
$250,000
$1.5 Million
$1.1 Million
$734,851
$460,000
How Much Do These Cases Settle for?
First and foremost, it’s important to understand that eye injury settlements vary greatly, depending on the extent of your injuries and the other party’s fault in causing your accident. As a general rule, retinal detachment claims with serious consequences, like permanent blindness, may settle for as much as $1 million or more. But even “minor” retinal injury cases have sometimes resulted in 6-figure settlements.
This is not surprising when you consider that victims may need multiple surgeries before their eye is completely healed. They may also be struggling with other eye injuries, such as scarring of the retina and retinal tears / holes. Such injuries require long recovery times with numerous invasive treatments. As a result, victims may have to miss work for long periods of time, or lose their job altogether. They also suffer emotionally, not just from the trauma of their accident, but from constant fear of losing their ability to see. With this in mind, a settlement award for a detached retina injury includes several types of compensation. While each person’s needs are different, there are 3 basic types of compensation you can ask for:
- Medical costs for surgery, medications, post-operative care, etc.
- Lost wages for job loss or time off from work, now and into the future.
- Pain and suffering for emotional trauma.
There are subcategories of compensation under each of these losses, such as lifetime prescription costs, loss of enjoyment of life, and future rehabilitation costs. An experienced lawyer can verify the damages you qualify for and fight for them on your behalf.
Don’t miss out on the compensation you are entitled to. Give us a call and speak to a Los Angeles eye injury lawsuit attorney.
Sample Settlement Values for Detached Retina Lawsuits
Below are examples of injury awards that we have recovered for retinal detachment victims. These figures should give you an idea of what you can recover, but keep in mind that an accurate value can only be calculated by an experienced attorney.
Lisa is a 42-year old nanny, who underwent surgery to reduce increasing pressure in her left eye. She spoke to the surgeon about pre-existing conditions that made her vulnerable to swelling and leaking blood vessels in her eyes. In spite of this, her surgeon allowed her eye pressure to be raised continuously throughout the surgery, causing massive swelling that led to her retina detaching from the left eye. She became permanently blind in her left eye as a result, and was no longer able to drive or work as a nanny. As a result, she suffers from depression and requires weekly therapy sessions.
Medical costs: $25,000
Future medical costs: $96,000
Loss of earnings:$45,000 per year times 20 years = $900,000
Life care costs: $15,000 per year times 20 years = $300,000
Pain and suffering: $250,000
Total approximate value of her case: $1,571,000.00
Kyle, a 25-year old auto mechanic, was waiting for the light to change at an intersection, when a distracted motorist hit him in a head-on collision. Though the air bag saved his life, the impact caused his retina to detach from his right eye. Kyle experienced loss of peripheral vision in his right eye, and was told he may need multiple surgeries throughout his life if the retina detaches again. After his initial surgery, he needed 4 months to recover before he could return to work.
Medical costs: $15,000
Loss of earnings: $4,500 times 4 months = $18,000
Future medical costs: $75,000
Pain and suffering: $150,000
Total approximate value of his case: $258,000
These two scenarios show the wide range in case values based on numerous factors. The type and degree of injury is crucial, as that will determine the current and future medical costs. But the accident’s effect on the victim’s earning capacity and the trauma associated with the accident – those also figure heavily into a detached retina compensation amount. Your case will have its own set of circumstances that will determine the losses we can recover.
How Long Does it Take to Settle a Detached Retina Injury Case?
Now that you have an idea of what these cases settle for, you’re probably thinking, “How long does it take to get paid on these cases?”
There are wide variations here as well, though minor injury cases generally settle quicker than those with serious injuries. But there’s really no fast way to settle an accident claim, considering insurance companies are dealing with hundreds to thousands of claims at a time. Regardless of what kind of accident you have, the claims process always begins with a demand letter requesting a certain amount of compensation for your injuries. It normally takes insurers anywhere from 3 to 6 weeks to get back to us with an agreement to pay, or a counter offer for less than what we requested. This begins the negotiation process, which can take up to several months before the client is compensated.
But things are not so simple when a detached retina leads to life-altering damage. In a case of permanent blindness, for example, millions of dollars may be needed to compensate the victim. When that much money is involved, insurance companies will do whatever it takes to drag things out and stall the lawsuit process. Eventually, you may have to end up in court and wait for a jury’s verdict. However, both sides will be ordered to negotiate a deal one last time before the trial, typically through mediation or alternative dispute resolution. Based on our experience, around 95% of cases are resolved through these methods, so there’s a very good chance things won’t end up in court. But you have to prepare for that possibility, and make sure you have an attorney who is skilled enough to try your case.
But even without court intervention, it can be a long road for eye injury victims if they can’t negotiate a settlement within the first few months. Just getting to the mediation process can take over a year, and that’s after months of private negotiations. We know this is hard to hear, which is why many victims end up with settlements that are far below what they deserve. In the end, the decision to accept or decline a monetary award is up to you. But agreeing to an inadequate amount could leave you with insufficient funds for your recovery, so you should only make a decision after a thorough discussion with your attorney.
To learn more about the lawsuit process for detached retina injuries, please give us a call and speak with one our attorneys.
How Can I Find a Lawyer for a Second Opinion on These Cases?
If you have an attorney already, you may be concerned about the settlement value that’s been calculated for your case. It seems too low considering your needs, and yet, your lawyer insists it’s a fair amount and is pushing you to accept it. You may also be worried about the lack of progress in your case and wonder if your attorney truly cares about you as a client. Fortunately, you don’t have to worry about these issues on your own.
The lawyers of Normandie will be happy to meet with you during a free second opinion consultation. We will review the work that’s been done on your case and give you an honest assessment of your attorney’s service. We can also go over the terms of your contract with your current law firm and advise you on the pros and cons of ending that contract. This way, you can consider all your options and make an informed decision that you won’t regret.
What are My Rights if I Want to Switch My Law Firm?
Luckily, the state of California allows personal injury victims to change lawyers at any point during their case. Granted, this is a big decision with consequences, which you should always discuss with another attorney. But there are legitimate reasons for switching lawyers, even in the middle of a case. For many clients, the biggest issue is lack of communication, which is undeniably frustrating when they’re struggle with pain and financial hardship. You may be able to resolve this issue by having an honest discussion with your lawyer. But if you are continually ignored and dismissed, or if you feel like your lawyer isn’t experienced enough, those are problems you should discuss immediately with another attorney.
During a free second opinion, you will be advised in detail about the pros and cons of leaving your attorney, as well as the process for ending your contract. If you decide to transfer your case to our firm, we will notify the courts and work out a payment agreement with your lawyer to ensure they are fairly compensated for their work.
Contact Normandie
Here at Normandie, we’ve always operated under the premise that all injury victims are equal. They deserve free legal representation, and the ones who should pay for our services are the individuals or entities that caused the injury. That’s exactly what you’ll receive under our Zero fee guarantee, which makes all our services free to you, even if your case goes to trial. Once we recover your compensation, our payment will come directly from the responsible party. Even better, there is no cost to you if we lose your case, since we don’t get paid if you don’t get paid. Our free services include second opinions and transferring your case to our firm if it’s in your best interest to do so.
There is no risk to you at any point, so please contact our office and schedule a free consultation with the attorneys of Normandie Law Firm.
