Suffering a back injury such as a herniated disc from a car accident can be devastating physically, mentally, and financially. Herniated discs are serious injuries that can have severe and permanent impacts on your life.
If you were diagnosed with a herniated disc after being in a car wreck in California, you may feel overwhelmed, anxious, and unsure of what the future holds. Having a general sense of what to do in those days, weeks, and months after the wreck can help ease that uncertainty. At Weinberg Law Offices, we put together this guide for accident victims to better understand what to do if they get a herniated disc from a car accident.
Herniated discs can occur after many accidents, but they are ubiquitous after a severe car crash due to the force upon impact. You might be wondering, Can whiplash cause a herniated disc? The answer is yes if the force of impact is severe enough.
A herniated disc occurs when the soft, rubbery interior of the disc pushes through the outer layer and into the spinal canal. It can happen in any part of the spine, most commonly in the lower back. A herniated disc in the neck from a car accident is also possible.
Four Steps to Take After Suffering a Herniated Disc from a Car Accident
Suffering a herniated disc is devastating and can quite literally bring your life to a screeching halt. Here are four steps you should take after a herniated disc from a car accident.
Continue with Necessary Medical Treatment
By the time you are diagnosed with a herniated disc, you have likely had a trip to the local emergency room, orthopedic appointments, and radiology tests such as x-rays, CT scans, and MRIs. Now that you know you have a herniated disc, you should not and likely cannot simply ignore it. You must obtain and continue with the necessary treatment.
You and your doctor will devise a treatment course tailored to your needs. This plan might include orthopedic visits, physical and occupational therapy, injections, pharmaceutical care, and surgery. No matter the recommended treatment, you should always follow your doctor’s orders to ensure the injury does not worsen.
Start Collecting Evidence
If you are contemplating filing a claim or lawsuit, it is time to gather the necessary evidence for your case. You want to collect all documentation and evidence and compile it in an organized manner for later. Evidence can include:
- Cell phone pictures or video from the scene,
- Medical records,
- Expert testimony and reports,
- Eyewitness information and statements,
- Police and accident report,
- Video surveillance and traffic camera footage,
- Vehicle repair or replacement invoices or estimates, and
- Any other information or documents relating to the accident and your injury.
If you have any notes, journaling, or diary entries about the events or the negative impact they have had on your life, that can also be invaluable evidence later. Stay calm if you have yet to gather any of this information; that’s where we come in. Our experienced team can help you request and collect evidence later.
Avoid Speaking with the Other Driver’s Insurance Adjuster About Your Injury
Whether the other driver’s insurance company has already contacted you or you have yet to speak with them, you must refrain from discussing details of your injury. The insurance company will ask you to provide a recorded statement after any car accident. Remember to remain truthful yet factual and not guess or delve into details.
The insurance company will use anything they can against you later to avoid paying the compensation you deserve. Before speaking with them, an attorney can go over what to expect beforehand and advise you on what and what not to say to protect your rights.
Contact a California Car Accident Attorney
If you have been diagnosed with a herniated disc or suspect you have one as a result of a car accident, you should consult with an experienced attorney immediately. Lawyers know the law, the justice system, and how insurance companies operate.
A car accident case, especially one with injuries as severe as a herniated disc, can be challenging to navigate without the assistance of a seasoned attorney. A personal injury case’s investigation, discovery, motion practice, negotiation, and litigation process can be lengthy and complex. It is best left to a skilled lawyer to ensure you receive the maximum amount possible.
You typically only have two years to initiate your claim after a car accident, so it is best to contact an attorney. Two years may seem like a long time, but when you are recovering from a herniated or bulging disc from a car accident and trying to get back to your everyday life, two years can quickly slip away. Contact us as soon as you can preserve your legal rights and options.
Damages for a Herniated Disc: Factors to Consider
Every case is unique, and the exact amount of damages will vary depending on certain factors relevant to your situation. However, successful plaintiffs are generally entitled to compensatory damages, including medical expenses, lost wages, pain and suffering, and emotional distress. Depending on the severity of the herniated disc, many claims will reach five-, six-, and even seven-figure settlements.
While there is no clear-cut calculation to determine your anticipated herniated disc settlement, a handful of factors will be crucial in determining the outcome of your claim, including:
- The severity of the car crash;
- The severity of your injury;
- Your age and medical history and whether you have any pre-existing health conditions;
- You present and future medical costs;
- Any lost wages or impact on your ability to earn;
- Any intangible losses you sustain, such as pain and suffering;
- Insurance policy limits;
- Who the defendants are;
- The number of defendants; and
- Applicable state law.
How these factors apply to you will directly influence your potential settlement or jury award. A knowledgeable attorney will guide you through the process of proceeding after your car accident to ensure you receive the justice and compensation you deserve for your herniated disc.
California Car Accident Attorneys
At Weinberg Law Offices, our car accident lawyers always have our client’s best interests in mind and are never afraid to take a case to trial. If you want to pursue a personal injury action, look no further. Our team speaks English, Hebrew, and Spanish. Contact us today to schedule your free initial consultation.
Disclaimer: This content should not be construed as legal advice.
As a personal injury attorney, my mantra is that there is no such thing as a “small case”. I will give 100% matter how big or small a case may be. I am fluent in English, Hebrew, and Spanish, languages which I use regularly in my practice.
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