Herniated Disc Lawsuits & Settlements
If you suffered a herniated disc from a car accident, you may have the right to file a personal injury claim against the at-fault party. You need legal advice from a law firm that can determine your settlement value, from present and future medical bills to the adjustments that result from a permanent injury.
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A herniated disc can cause chronic back pain and affect your daily activities. As Penn Medicine explains, “A bulging disc is like letting air out of a car tire. The disc sags and looks like it is bulging outward. With a herniated disc, the outer covering of the disc has a hole or tear. This causes the nucleus pulposus (jelly-like center of the disc) to leak into the spinal canal.”
An auto or trucking accident may result in serious injury to the spinal cord, which can lead to:
- Bulging disc
- Radiculopathy (symptoms of pinched or damaged nerves)
- Neck pain
- Damage to the cervical spine or lumbar spine
- Aggravation of a pre-existing condition
Disc herniation can heal on its own, but in many cases, medical treatment — including medication, physical therapy, spinal injections, and surgery — is required.
Car and truck accident victims frequently need ongoing treatment or surgery for specific types of injuries, including:
- Spinal fusion surgery
- Diskectomy
- Steroid injections
The costs of medical care for a herniated disc can quickly add up. According to the consumer website Cost Helper, patients without health insurance can expect to pay upward of $20,000 for herniated disc surgery, depending on anesthesiologist and facility fees. Further medical bills, such as post-operative physical therapy and doctor visits, may be required.
You shouldn’t have to bear the financial burden inflicted upon you by someone else. Filing a claim for damages can be the best course of action. The personal injury lawyers at NST Law are familiar with car accident settlements and herniated disc cases. They will fight to maximize your compensation.
The Insurance Claims Process
Our law firm has extensive experience representing injured victims against insurance companies. This process begins with an investigation into the accident.
- Investigation: Once a claim is filed with the insurance provider, the insurer will launch an investigation to determine the cause of the accident and liability. To support your claim, our firm will also conduct an investigation to provide additional evidence, such as photos of the scene, police reports, and witness statements. It may be necessary to consult expert witnesses, including accident reconstruction experts.
- Negotiation: At the conclusion of your medical treatment or upon reaching Maximum Medical Improvement (MMI), negotiations may begin. It is always our goal to help our clients recover full compensation for their injuries and losses.
- Settlement: If your lawyer and the insurance company can agree on fair compensation, the claim is considered settled.
- Lawsuit: If a settlement agreement cannot be reached between parties, your lawyer may suggest filing a lawsuit against the insurance carrier.
In a car accident where you sustained a herniated disc injury, the liable party’s insurance should cover the expenses incurred for your injury. If the insurer makes a settlement offer and you accept it, you forfeit your right to additional claims later — for example, if you discover that your injury is more severe than you’d realized. Thus, you should consult an experienced lawyer before accepting any settlement offers.
A car accident lawsuit can be pursued if you decline the settlement offer.
Herniated Disc & Car Accident Lawsuit
You have the right to file a lawsuit if a settlement agreement cannot be reached. A lawsuit is a formal legal complaint filed with the court. This is a completely separate process from filing an insurance claim.
Suit must be properly filed within the statute-of-limitations window for personal injury cases in your state, so contact the champions for the injured at NST Law as soon as possible after your car crash. Depending on the facts of your accident, there may be multiple parties who were at fault or bear some degree of responsibility.
At NST Law, we utilize our experience and resources to level the playing field with insurance companies and help our clients obtain full recovery. We are able to consult with competent experts to prove liability as well as document damages. For example, if you suffered a herniated disc or bulging disc in a car accident, an expert doctor will need to link your injuries to the accident. If your injuries are permanent in nature and you will require future medical care, we can retain a qualified expert to present testimony on these issues.
If your case goes to trial, it can be tried before a jury or solely a judge. The involved parties will present the following during trial proceedings:
- Opening statements
- Witness statements
- Testimonies
- Closing statements
The jury or judge will declare a verdict. At any point during the trial, a settlement can still be reached; this is an option until a verdict is determined.
Lawsuit and Settlement FAQs
There is no set time limit for settling a car accident lawsuit. The length of your case depends on several factors, including how clear-cut the cause of the accident and the liability of the defendant are.
You are eligible for both economic and non-economic damages. A herniated disc can require surgery, extended recovery time, and medical treatment for pain and mobility problems.
Compensation for damages in a disc injury case enables you to access costly health care without worrying about your financial resources.
Economic and non-economic damages may include:
- Lost wages (past and future)
- Medical expenses (past and future)
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Property damage
- The other driver owed a duty of care.
- The other driver breached that duty of care.
- The actions, or lack thereof, resulted in your injuries.
- You suffered losses as a result of your injuries.
If the insurance company’s settlement offer isn’t enough to cover your damages or your case value exceeds the offer, it is worth filing a lawsuit for your herniated disc. This is especially true in cases where the defendant’s actions were willfully negligent or egregious.
If you have a strong case, the damages awarded in the trial could be significantly more than what was offered in the settlement. Your personal injury lawyer will estimate your potential payout to determine whether filing a lawsuit is in your best interest.
Speak with a Car Accident Lawyer Today
For over three decades, our personal injury attorneys have been successfully fighting on behalf of our clients and securing the compensation they are entitled to. We demand justice for our clients and aggressively pursue the maximum compensation for their car accident injuries, whether at the negotiating table or in front of the judge and jury.
Call the Champs today for a free consultation.
Contact us for a free consultation now so that we can review your case and decide how we can best help you.