Car accidents are a common cause of herniated discs, which can lead to significant physical limitations and intense pain. Whether it’s a rear-end collision or another type of motor vehicle crash, the impact can result in this serious injury. Understanding the link between herniated discs from car accidents is crucial for those seeking legal recourse for their suffering. If you have suffered a herniated disc following a motor vehicle accident, contact Stufano Law today by calling (914)752-7746.
What Is a Herniated Disc?
According to the Mayo Clinic, a herniated disc, also referred to as a ruptured or slipped disc, results when the spinal disc’s inner core pushes out through a tear in the outer layer. This common injury can result from the impact of a car accident, leading to pain and limited mobility for the individual.
The symptoms of a herniated disc usually depend on the location and severity of the injury. Individuals may experience tingling, pain, numbness, or weakness in the affected area. In the context of car accidents, these symptoms can manifest in the neck, middle back, or lower back regions. Diagnosis of a herniated disc typically involves a combination of physical exams and imaging tests such as X-rays, CT scans, or MRIs. These tests help medical professionals identify the extent of the injury and determine the most suitable treatment options for the patient.
Per the American Association of Neurological Surgeons, treatment for a herniated disc can vary, depending on the severity of the condition. While physical therapy and medications may help manage pain and promote healing in less severe cases, surgery may be necessary in more complex situations to repair the damaged disc.
Overall, understanding what a herniated disc is and recognizing the symptoms can be crucial in seeking timely medical intervention. In the context of car accidents, where the risk of injury is heightened, being aware of the effects of a herniated disc can aid individuals in advocating for their health and well-being following a collision.
Understanding How Car Accidents Can Cause Herniated Discs
In a motor vehicle accident, a herniated disc can occur when the force of the crash causes a vertebrae to push into the spinal canal. This can compress, put pressure on, or irritate the spinal cord, a bundle of nerves responsible for carrying messages from the brain to different parts of the body. The force of the collision can also cause the discs to rupture or bulge, leading to localized pain in the neck, back, or arms and nerve damage. The severity of a person’s herniated disc will usually depend on the circumstances of the accident, including the force involved in the accident and the part of the spine that was affected.
Seeking Financial Compensation for a Herniated Disc
In cases where individuals sustain herniated discs from car accidents, seeking financial compensation becomes a crucial aspect of the recovery process. Herniated discs can lead to various degrees of pain, numbness, and tingling, affecting daily activities and sometimes even resulting in permanent injuries.
Importance of Timely Diagnosis
Timely diagnosis is essential in identifying herniated discs resulting from car accidents. Imaging tests such as X-rays and MRIs play a vital role in accurately diagnosing these injuries. Delaying treatment can not only prolong the recovery process but also impact the settlement amount for individuals involved in accidents.
Legal Considerations
When pursuing a claim for a herniated disc sustained in a motor vehicle collision, individuals may encounter challenges from defense lawyers. The defense may downplay the significance of a bulging disc, arguing that it is a minor issue. However, the impact of such injuries on daily life and long-term health should not be underestimated.
Compensation for Damages
Individuals seeking financial compensation for herniated discs from car accidents may be entitled to various forms of reimbursement. These damages can include the following:
- Medical Expenses: Coverage for all medical treatments related to the injury, including surgeries, medication, physical therapy, and follow-up care
- Lost Income: Compensation for wages lost due to the inability to work during recovery or permanent disability
- Pain and Suffering: Damages for the physical pain, emotional distress, and lifestyle changes resulting from the injury
- Future Medical Costs: Anticipated expenses for ongoing medical care, rehabilitation, and potential future surgeries related to the herniated disc
Legal Assistance
Navigating the legal process to seek financial compensation for a herniated disc caused by a car accident can be complex. That is why you should consider consulting with an experienced New York personal injury attorney from Stufano Law to better understand your legal options.
Settlements and Verdicts
Recent cases involving herniated discs from car accidents have resulted in significant settlements, highlighting the severe nature of these injuries. Legal representation plays a crucial role in ensuring that individuals may be able to receive appropriate compensation for the damages suffered due to car accidents.
Factors That Influence Settlement Amounts for Herniated Discs from a Car Accident
As every case is different, various factors can influence how much of a settlement a person can receive for herniated discs from a car accident. However, some of the more common factors that can impact these amounts include the following:
- Total amount of medical expenses
- Permanent disability
- If surgery is required
- Time off work
- Whether multiple discs are involved
Factors That Can Reduce Settlement Amounts
Some factors can limit settlement amounts. However, do not let these factors stop you from pursuing the financial damages you may deserve.
A Pre-Existing Condition
Having previous disc herniations can impact the total settlement amount. In cases where a person had herniated discs before the motor vehicle accident, the compensation owed may be reduced. While a car accident can exacerbate a previous injury, it may not be considered the sole cause of the herniated disc. This can lead to a decrease in the overall settlement value associated with the new injury.
Delayed Treatment
Prompt medical attention is crucial after a motor vehicle accident resulting in herniated discs. Delaying treatment can signal to insurance companies that the injury was not severe, potentially affecting the settlement amount. Swift diagnosis and treatment are essential to establish a clear connection between the accident and the injury. Failing to seek immediate medical care and provide proper documentation can hinder the legal process and impact the final settlement.
If You Caused the Accident
When determining settlement amounts for herniated discs from car accidents, fault is a significant factor. If it is found that the individual claiming compensation was at fault for the accident, the settlement amount may be limited or even denied depending on the legislation in the jurisdiction. Evidence proving the fault of the other party and demonstrating the impact of the accident on the individual’s health and daily life is crucial for a successful settlement negotiation.
Frequently Asked Questions
After any car accident, it is normal to have questions. Below are some prepared responses to some of the frequently asked questions individuals have after a herniated disc car accident:
How Long Does it Take To Settle a Herniated Disc Case?
The duration of a herniated disc accident settlement may vary depending on the case’s specifics, the extent of a person’s injuries, and the level of cooperation among all parties involved. Although some settlements may be resolved within a few months, others may take a year or longer.
How Much Is a Herniated Disc Settlement Worth?
Every case will have its own set of facts and circumstances. Some studies show that the typical jury award for a herniated disc case is $75,000. However, some legal claims receive much higher amounts, with an average of $350,000. To learn more about your legal and financial rights, contact Stufano Law.
Contact Stufano Law To Learn More About Your Legal Options After Suffering a Herniated Disc From a Car Accident
If you or a family member has suffered from a herniated disc from a motor vehicle accident and wants to review your legal options, contact Stufano Law at (914)752-7746 today. Our New York personal injury legal team will visit with you for free and provide you with information about herniated discs from car accidents and the legal remedies you may be able to pursue.
