Herniated Disc Injury After Accident Lawsuit and Settlements

A herniated disc can be caused by a car accident, a slip and fall or any other type of mishap. Some people with herniated discs do not experience any symptoms; whereas, others will experience pain, numbness and/or tingling sensations.

What is a Herniated Disc

herniated-discMayo clinic defines a herniated disc as a problem with one of the discs (the rubbery cushion) that lies between the vertebrae, which are the individual bones that make up the spine. Typically, this problem involves the movement of a disc to a location that causes it to put pressure on a spinal nerve(s), which leads to pain.

How a Car Accident Causes a Disc Herniation

The impact or stress that occurs during an automobile accident may cause the displacement of one or more discs. In addition, a car accident may cause injury to the soft tissues and/or other parts of the body. These injuries may negatively affect the health of the spine: Thus, making the individual more prone to sustaining a disc injury at some point in the future.

Although you may feel fine at the time of an accident, seeking medical care right away is recommended. Directly following any type of accident, the production of adrenaline (the fight or flight hormone) increases. This increase usually suppresses pain sensations; however, once the adrenaline production returns to normal, the pain associated with the injuries you sustained becomes evident. Moreover, seeking treatment directly following the incident helps establish your personal injury claim.

If you sustain a herniated disc during a car accident, due to a slip and fall or because of any other type of incident, you may have a personal injury claim.

The at-fault party may be liable for a variety of damages, including:

  • The medical costs associated with your injury.
  • Any rehabilitative treatment you need.
  • Current lost wages, and/or future earning potential.
  • The pain and suffering you already experienced, and will experience, due to the herniated disc.

Sadly, disc problems can lead to a lifetime of pain and disability; therefore, seeking legal advice following a disc herniation diagnosis is essential.

Symptoms of a Herniated Disc

While the symptoms each individual experiences will vary, there are common signs that a physician will look for to determine if an individual has a herniated disc. These signs include numbness and pain that extends into the extremities (many times, these symptoms only affect one side of the body); a tingling, pin-and-needle type sensation (typically occurs in the fingers and/or toes); muscle weakness and/or dysfunction; pain in the low back that increases upon standing or walking for an extended period; a searing and/or aching pain in the mid to low back.

Proving your Injuries

Your physician will help prove that your disc injury resulted from the automobile accident, slip and fall or any other recent mishap that you are seeking compensation for: Proving your injuries is accomplished by documenting your symptoms, ordering diagnostic imaging tests as well as checking your range-of-motion and muscle strength.

Compensation for a Herniated Disc

New York is a No-Fault state, which means that medical treatment for the injuries you sustain during a car accident are initially covered under your Personal Injury Protection (PIP) insurance. If a personal injury case is filed, the monies paid by your PIP insurance will be addressed during your case.

To attain herniated disc compensation through a personal injury lawsuit, you need to show that the disc injury you are seeking compensation for is the result of the car accident and that the other driver caused the accident. Your physician will assist you with proving your injuries and your personal injury attorney will help you prove that the other driver is at fault.

Each herniated disc personal injury case is unique; consequently, there is a broad spectrum of factors that must be taken into consideration to determine how much to expect as a payout for a herniated disc. Some of these factors include the severity of the herniated disc, whether pre-existing back problems must be addressed, if surgical intervention is required or may be necessary in the future. Other issues include the amount of pain an individual experiences as well as how the injury affects his or her ability to function and work on a daily basis.

Herniated Disc Lawsuit Settlements

Herniated Disc After Slip and Fall

Patrick Mohan (35) sustained injuries in 2013 when he fell down a set of courthouse steps. In his lawsuit, Mohan claimed that Crockett, the company in charge of maintaining the steps on which he fell, removed the slip-resistant foot safety strips from the steps. In addition, Mohan states that after removing these safety strips, Crockett employees applied a polish or wax to the stone steps, which created an unreasonably dangerous and slippery condition.

On the second day of a federal civil jury trial, Crockett Facilities Services admitted that they were responsible for the injuries Mohan sustained: They agreed to settle the case for $750,000.

Surgery for Herniated Disc

Charles McGruder (44) was a PSEG&G worker. After reading the electric meter that was located below a New Jersey convenience store, McGruder began climbing the wooden steps. Suddenly, the steps began crumbling beneath him, which caused him to tumble several feet.

During this fall, he injured his shoulder, sustained multiple herniated discs and aggravated an existing knee injury. McGruder eventually underwent multiple back procedures. Prior to mediation, the building owner’s insurance company agreed to settle with him for $825,000.

Daily adjustments must be made following any type of chronic injury, especially those relating to the back. If you have sustained a herniated disc, or any other type of back injury during a car crash, from a slip and fall, or because of another mishap, contact The Law Offices of Ivan M. Diamond today.

As an experienced Bronx personal injury attorney, Mr. Diamond can help you attain the compensation you deserve for the injuries you sustained due to the negligence of another. To schedule your free case evaluation call 718-588-2000 today. We realize how difficult it can be to get in and out of the car following a back injury, which is why Ivan Diamond offers in-home and hospital appointments. Furthermore, since many of our clients are receiving physical therapy treatments on a regular basis throughout the week, we offer evening and weekend appointments as well.