Suffering a herniated disc injury in a car crash can lead to a painful and costly journey to recovery. You could experience chronic pain from impinged nerves, possible long-term disability, permanent injury, and even spinal cord paralysis if left untreated.
If you’re recovering from an accident caused by another driver’s negligence, contact our law firm for legal help. Our Tampa car accident lawyers will be your trusted guides throughout your accident injury claim.
We are here for you in your time of need.
Did You Suffer a Herniated Disc Injury?
After surviving a Jacksonville car accident, the last thing you may think about is a herniated disc. Rather, you are likely looking for apparent injuries, such as cuts, burns, or blood, trying to assess what just happened. Symptoms of a herniated disc injury could show up hours or days later.
Your spine has a series of bones called vertebrae stretching between the base of your skull and tailbone. The round cushion-like disks between the vertebrae act as buffers, allowing you to move and bend easily. When a disk is damaged, causing a leak or tear, the condition is called a herniated disk.
Pain may be centralized in one of three spinal areas:
- The lumbar spine (lower back area)
- The thoracic spine (middle back area)
- The cervical spine (upper back and neck)
The Cleveland Clinic reports that 2% of people suffer a herniated disk injury. What is more, the condition is the main cause of pain in the neck, back, arms, and legs. The damage to a disk can occur anywhere along the spine, but it is most commonly reported in the neck and lower back.
Common Causes
A herniated disk typically occurs when a person’s spine is under extreme pressure or strain. One of the most common causes is age-related wear and tear; as you get older, the disks in your spine thin out and become weaker and more prone to damage.
Other common causes include:
- Car crashes
- Motorcycle accidents
- Slip and fall injuries
- Improper lifting
- Sports-related activities
- Increased strain on your back
- Incorrect posture
Car crashes are among the leading causes of spinal injuries. During your accident, the crash’s impact may have harmed a disc between the bones making up your spinal column. A disk becomes herniated when it is ruptured or broken.
Common Symptoms
The pain of a herniated disc can keep a person bedridden for weeks, and it may take many months to recover fully. Mayo Clinic advises seeking medical treatment if you notice back or neck pain moving down to your arm or leg.
Numbness, tingling, and weakness are signs that it is time to see a doctor. Other common symptoms include:
- Difficulty standing straight without muscle spasms in your lower back
- Lower back pain radiating downward on your body
- Localized pain along your back or neck
- Chronic back pain
- Stiffness along your spinal cord
If you suffer from a back or neck injury, seek professional care sooner rather than later. Your doctor can review your symptoms and recommend a medical treatment plan.
Options may include medications, physical therapy, or surgery. A prompt evaluation and treatment are essential for the best possible outcome and help you get back to the activities you enjoy.
The Importance of a Herniated Disc Medical Diagnosis
We recommend that anyone who feels back pain after an accident gets a complete diagnostic test as soon as possible. Doctors rely on physical examination and imaging tests, such as MRI or CT scans, to diagnose the cause of your symptoms and develop an appropriate treatment plan.
Once you have a complete diagnostic showing your herniated disc is linked to your car accident, you might consider taking legal action.
If so, contact a Tampa car accident lawyer specializing in herniated disc injuries. Detailed medical documentation allows us to step in and start negotiations with the liable party’s representatives on your behalf. We can also assist you in filing a personal injury lawsuit.
Document Your Medical Care
Detailed documentation is key to building a solid case. The paperwork gathered after the car accident can help mitigate any issues with your insurer or the at-fault driver’s insurance company.
One way to document this type of injury is to get complete diagnostic testing. A slipped disc injury will likely not show up on an X-ray taken at the hospital. Consider gathering the following documents to strengthen your case:
- CT scans
- MRIs
- SLR test results
- Medical reports
- Hospitalization bills
- Prescription medication
- Physical therapy receipts
Additionally, keep any pictures documenting your recovery process as evidence. Documenting your medical care can go a long way in helping you get the best possible outcome for your case.
Dealing With Insurance Companies
The next step in pursuing justice for your spinal cord injury costs is dealing with insurance companies. The at-fault driver’s insurance company may contact you or your family while you’re still in the hospital with a settlement offer to “pay” for your costs. Do not let the payout tempt you.
Some symptoms may take longer to manifest, and you may have new or recurring accident-related injuries weeks later. If you accept the first payment offer, you give up your right to file a personal injury claim or legal action against the insurance company or the responsible parties.
Most of the time, the insurance payout offer will not come close to covering the costs you might recover in a personal injury lawsuit. For example, the insurance payment will not include money for any lost income from your job, both during your rehabilitation and into the future.
Understanding Florida Insurance Requirements
Any vehicle with at least four wheels registered in Florida must have proof of personal injury protection (PIP) and property damage liability (PDL) insurance. You are required, by law, to have a minimum of $10,000 in both insurance plans.
If you were involved in a crash, PIP could cover up to 80% of medical costs (up to $10,000) related to an accident-related injury covered by the insurance plan.
Victims can access this financial assistance regardless of fault. You may also recover damage to your personal property under PDL coverage.
Recoverable Damages After a Car Crash
If you’ve been involved in a car accident, seeking damages can help cover medical bills and repairs to your vehicle. A personal injury lawyer can review the specifics of your case and provide legal advice about how to proceed.
Our team would work to recover awards for economic and non-economic damages in a Tampa personal injury case. Guiding and advising you is one of our strong points in representing car accident cases.
Economic Damages
A Tampa lawyer can help determine the estimated financial loss resulting from the incident. A personal injury case for a car accident could seek economic damages for the following:
- Emergency room costs
- Past, ongoing, and future medical costs
- Costs of post-treatment medications
- Long-term therapy costs
- Property damage
Economic damages are the accident’s “hard” costs for which you want to be reimbursed with a settlement. These refer to harm caused by an event or actions which result in a quantitative measure of monetary losses. Other costs are more challenging to quantify.
Non-Economic Damages
Non-economic damages are intended to compensate the injured party for how the injury changed their lives. These are “soft” costs an attorney could help you seek through a lawsuit. They are:
- Pain and suffering
- Limited range or an inability to move due to the herniated disc injury
- Disability and loss of bodily function
- Emotional distress
- Distress in a relationship
- Loss of enjoyment of life
Non-economic damages are unique because these damages cannot be easily measured. An experienced attorney can help accident victims gather evidence showing the spinal cord injury’s effect on their lives and seek maximum compensation.
Punitive Damages
These exemplary damages are aimed at punishing the defendant’s actions. They aim to deter the defendant and other potential wrongdoers from engaging in similar misconduct.
While these are awarded only in rare cases of extreme negligence, the amount is typically much higher than compensatory damages. However, the evidence needed to prove punitive damages is also higher. The plaintiff must generally prove the defendant acted recklessly or intentionally, disregarding another person’s rights, safety, or welfare.
What Is a Fair Settlement for a Herniated Disc Injury?
Determining a fair settlement is multifaceted regarding a herniated disc injury. This involves evaluating the extent of the injury, understanding what medical procedures are required for treatment, and calculating any financial losses incurred due to wage loss or disability.
A Hillsborough County attorney specializing in herniated disk injuries can help evaluate the full extent of your accident-related losses. They will also lead the negotiations fighting for the award you deserve. Your lawyer will always represent your best interest before third parties.
Factors Influencing the Settlement Value
To maximize the claim’s value, it is important to understand how different aspects of your case impact settlement negotiations. For example, several factors can affect the value of your disc injury settlement, including:
- Pre-existing medical conditions: If you were already under medical treatment for a given injury or illness before the accident that gave rise to the lawsuit, it could be difficult to outline accident-related damages.
- The severity of symptoms: A permanent injury or disability will likely lead to greater compensation because it directly affects your quality of life. The more severe the symptoms are, the higher the compensation settlement may be.
- Medical bills: Factors such as adequacy of care, quality of treatment, and long-term implications on the injured party’s health all play into a comprehensive evaluation of an individual’s medical expenses.
- Victim’s age: The victim’s age and employment status are considered to determine future earning potential. A younger victim might recover a higher settlement amount due to a higher lost future earnings potential.
- Comparative fault: Since Florida is a comparative negligence state, fault may be assigned to both parties in a collision. The larger the portion of fault assigned, the greater impact it could have on an individual’s settlement amount.
- Pain and suffering: The degree of physical distress and mental anguish experienced by victims can impact the award. Document any relevant evidence to increase the settlement you receive.
Ultimately, you should consult an experienced attorney to discuss your legal matter and determine if filing a personal injury claim is appropriate. Your attorney can use the available evidence to convey the amplitude of your losses.
How a Herniated Disc Injury Lawyer Can Help You Recover
Herniated disc injury cases can be complex and difficult to deal with, so getting legal representation is the best way to ensure you secure the highest settlement. A car accident attorney will work closely with you to understand all the factors surrounding your case and create a tailored plan to maximize your compensation.
This can include obtaining necessary medical records, negotiating a fair settlement amount, researching relevant legal precedents, and filing a lawsuit. We will also:
- Protect your rights throughout the legal process.
- Help you understand the legal process and your rights as a plaintiff.
- Handle case investigation and discovery.
- Evaluate settlement offers.
- Represent you in legal proceedings.
- Take legal action within the statute of limitations.
- Assist with filing paperwork and meeting deadlines.
- Provide guidance and advice on legal strategies and options.
- Communicate with insurance companies and opposing counsel on your behalf.
- Advocate for a fair and just outcome in your case.
You Are Our Priority
As personal injury lawyers, our main priority is the client, you. We understand the physical and psychological toll spinal injuries can have on victims and offer our full support to help rebuild your life.
At our law office, attorneys work on a contingency fee basis. According to the payment system, we receive a percentage of your final award. This means you don’t have to pay any fees upfront; you only pay the attorney if your case is successful.
Call Anidjar & Levine for Your Herniated Disc Injury
If you suffered a back injury after a collision, Anidjar & Levine could help you recover damages. We work on a contingency fee basis, which means we receive payment contingent upon any settlement we can achieve for you. You have nothing to lose.
Our personal injury attorneys want to help with your herniated disc case. We can use our resources to help you seek a fair financial settlement. Contact us and speak to our legal professionals about your accident. We want to put our knowledge, experience, and resources to work for you.
We Can Help.
