Herniated Disc Injury After Accident Lawsuit and Settlements

Herniated Disc Injury After Accident Lawsuit and Settlements

A herniated disc can happen due to a car accident, slip, fall, or another mishap. Some people with herniated discs do not experience any symptoms, but others will experience pain, numbness, or tingling sensations.

Herniated discs are complex injuries that need a proper diagnosis and treatment. Medical treatment and other losses can be costly, so you should know whether you have the legal right to seek compensation from another party.

After a herniated disc, the first thing you should do is seek medical care. Then, if you think someone else was to blame for your accident and injuries, you should discuss your options with a Bronx spinal cord injury lawyer. ​

What is a Herniated Disc?herniated-disc

A herniated disc is a problem with one of the discs (the rubbery cushion) between the vertebrae, 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 or other parts of the body. These injuries may make the individual more prone to another disc injury.

Although you may feel fine at the time of an accident, seeking medical care right away is recommended. Directly following an 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, 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 future lost earning potential.
  • The pain and suffering you 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.

Other Causes of Herniated Discs

Traffic crashes are not the only cause of herniated discs, as they might happen in:

  • Slip and falls
  • Falls from heights
  • Boating accidents
  • Accidents due to defective products
  • Workplace accidents

Different accidents lead to different legal issues in claims, and you should hire a lawyer who has experience handling cases like yours. ​

Symptoms of a Herniated Disc

While symptoms can 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)
  • Tingling, pin-and-needle type sensations (typically occurs in the fingers or toes)
  • Muscle weakness or dysfunction
  • Pain in the low back that increases upon standing or walking for an extended period
  • Searing or aching pain in the mid to low back.​

Proving your Injuries

Herniated discs can happen in many ways, so you will need to prove the cause of your injuries. Always seek medical treatment right away after an accident, as the proximity can help prove your back injury resulted from the accident and not another cause. A physician can review your symptoms, order diagnostic imaging tests, and check your range of motion and muscle strength.

When your doctor diagnoses your injuries, they create medical records that can prove your injuries. If you wait too long to get medical help, the insurance company might question whether your herniated disc happened in the accident or during a subsequent event.

Compensation for a Herniated Disc

In a no-fault state, your Personal Injury Protection (PIP) insurance should cover the medical treatment for car accident injuries. If your herniated disc results from a traffic crash, the claim process will start with a PIP claim. If your losses exceed a certain amount, you can file a claim against the at-fault party’s insurance. If their insurer does not offer enough to cover your losses, your injury lawyer can file a personal injury lawsuit.

If your accident happened in another accident due to someone's negligence, your lawyer will begin the process with an at-fault claim against homeowner's insurance, business liability insurance, or other applicable policy. If you do not settle, the case can proceed to a lawsuit.

To get 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, your lawyer will consider a broad spectrum of factors 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 you had pre-existing back problems, and if you need surgical intervention now or in the future. Other issues include the amount of pain someone experiences and how the injury affects their ability to function and work.

Seek Help From a Personal Injury Lawyer Right Away

Daily adjustments must happen following a chronic injury, especially those relating to the back. If you sustained a herniated disc or any other back injury during a car crash, from a slip and fall, or because of another mishap, Contact a personal injury lawyer as soon as possible.

Why Hire an Experienced
Attorney Like Ivan Diamond

If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

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If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

Someone who understands the tactics insurance companies and opposing lawyers sometimes use to avoid liability and paying settlements.

Insurance adjusters, in particular, know that you’re going through a difficult time. They may try to take advantage by offering you a lowball settlement, hoping you’ll jump at quick money before you talk to a lawyer. Don’t help them out. Instead, let an experienced attorney handle the negotiations.

The same goes for preparing your claim. A skilled, knowledgeable litigator like me understands what facts and arguments are most important to prove your claim to a judge and jury, if it comes to taking a case to trial. I know how to guide my clients through depositions, discovery, and efforts by opposing lawyers to trap them into saying things that might undermine their case.

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