How Much Is a Herniated Disc Worth in a Lawsuit?
Neck and lower back pain caused by a herniated disc in your spine can lead to a loss of enjoyment of life and prevent you from performing normal job functions. Therefore, if another party caused you to sustain a herniated disc, you deserve to be fairly compensated for your injuries.
So how much is a herniated disc lawsuit worth? The answer depends on a variety of factors and is unique to each particular case. But as long as you have a skilled injury attorney in your corner, you can feel confident that your rights will be protected.
What Causes Herniated Discs?
All of our individual spinal bones, known as vertebrae, have rubbery cushions sitting between them. The cushions, called discs, combined with the vertebrae create our spine. Each spinal disc has a protective exterior layer called the annulus that allows the discs to act as shock absorbers for the vertebrae.
A herniated disc occurs when part of the disc’s nucleus gets pushed out of the annulus, causing a tear or rupture. As a result, the disc gets displaced and presses on the spinal nerves, resulting in aching pain.
Depending on which vertebrae and discs are affected, a herniated disc or other disc injury can cause chronic lower back or neck pain, pain which radiates into the extremities or other debilitating complaints
Herniated discs are sometimes degenerative diseases, which means they often occur in people as they age. When the ligaments in our bodies grow weaker, a minor strain can result in a bulged disc. However, blunt force trauma to the spine is also a leading cause of herniated discs. The trauma can stem from motor vehicle accidents, slip and falls, and other physical accidents.
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Is a Herniated Disc a Disability?
A severely ruptured disc can cause constant pain in the lower back or neck, resulting in a limited range of motion. Therefore, it can prevent workers in labor-intensive industries from being able to perform their jobs. For example, those in construction, warehouse, and manufacturing positions may find themselves unable to work with a herniated disc.
In addition to neck and back pain, many people with severely herniated discs require medications to ease their symptoms. Unfortunately, prescription painkillers have side effects that cause dizziness and fatigue, preventing workers from performing their job duties safely.
Therefore, a herniated disc can qualify as a permanent disability, and you may be able to seek additional disability benefits for your injury. If you think you are eligible for further compensation, consult with a personal injury lawyer. Legal professionals can review your case and help you prove that your ruptured disc prevents you from performing your job.
What Is the Average Settlement for a Herniated Disc Claim?
Herniated discs may be considered serious injuries depending upon unique circumstances. Therefore, an accident victim suffering from this type of injury may be able to seek a significant settlement if another person caused their injury.
By filing a personal injury claim, plaintiffs can hold the liable party responsible and recover compensation for any losses they incurred due to their disc injury.
Since not all herniated disc claims are alike, there is no average settlement.
The amount you may be eligible to receive depends on:
- The severity of your injury and how it affects your daily functions
- The amount of pain and suffering your injury causes
- How long your recovery will be, and the amount of time away from work
- The extent of your medical care and treatments
- If you have pre-existing conditions
- The strength of your claim of fault
Depending on how you obtained your spinal cord injury, you may be able to seek payment through workers’ compensation, your auto insurance provider, or by suing the at-fault party in a personal injury lawsuit.
Damages in a Herniated Disc Lawsuit Settlement
If you pursue an injury claim after an accident, you can hold the at-fault party liable for your losses.
Some of the damages you can collect if another party caused your ruptured disc include:
- Medical treatment costs
- Ongoing care expenses (such as rehabilitative or physical therapy)
- Pain and suffering
- Lost wages
- Diminished earning capacity
If you decide to sue a liable party or insurance company, don’t do it alone. Instead, partner with a qualified personal injury law firm. An attorney will review your case, gather and preserve evidence, establish liability, and ensure every responsible party is held accountable for their negligent actions.
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How Do I File an Injury Claim for a Ruptured Disc?
If you sustained your back injury due to a car accident, workplace incident, or slip and fall, then you can pursue a settlement by filing a personal injury claim.
To secure your compensation, you will need to prove that:
- Another party caused the accident
- Your herniated disc is the result of that accident
For example, if another motor vehicle driver rear-ended you, you must prove that the driver’s negligent behavior led to your automotive collision. Then, you would need to present medical documents or other forms of evidence to show that your herniated disc is a result of your car accident or was worsened because of it.
Pursuing a back or neck injury settlement can be challenging, especially since insurance companies often fail to offer fair compensation. But by partnering with the right legal representative, like an experienced car accident lawyer, you can ensure you receive maximum compensation for your neck and lower back injuries.
What If I Have Pre-Existing Back Pain?
You can still seek compensation for a herniated disc even if you have pre-existing medical conditions. As long as the accident made your existing injury worse, then you may seek reimbursement for any additional medical expenses, lost wages, and pain and suffering you experience.
However, insurance companies will use pre-existing conditions against you. They will attempt to deny your claim and pre-date your injuries from before the car or workplace accident. But a qualified personal injury lawyer will demonstrate that the accident aggravated your medical condition and fight to secure fair compensation for your herniated disc.
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If you sustained serious neck or back injuries after an accident that was the fault of another you deserve a fair back injury settlement. The personal injury lawyers at Dansker & Aspromonte Associates LLP can help you collect maximum compensation for your herniated disc lawsuit.
Our team is ready to review your accident and get to work building a strong claim for you. But don’t delay as there are deadlines that limit your rights.
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