What You Need to Know About Your Herniated Disk Car Accident Settlement

By Michael GrossmanMay 29, 2020Reading Time: 5 minutes

Being involved in a car accident can be a traumatic experience. To make matters worse, if you sustained a herniated disc injury in the process, you may be in pain and are wondering what you can do to recover. 

If you or a loved one has sustained a herniated disc injury in a car accident, you may be entitled to compensation. But for an injury as serious as this, you deserve more than just competent representation.

Rather, you deserve representation by an experienced personal injury attorney with the knowledge and resources you will need for your herniated disc car accident settlement. 

The personal injury lawyers at Grossman Law Offices have extensive experience representing car accident victims throughout Texas. We know what it takes to achieve a successful settlement, and we will fight toward getting you the recovery you deserve.

What Is a Herniated Disc?

According to the American Association of Neurological Surgeons (AANS), a herniated disk is a “fragment of the disc nucleus that is pushed out of the annulus, into the spinal canal through a tear or rupture in the annulus.” Put more simply these “disks” are essentially cushions with a soft center and rubbery exterior located between spinal bones. A herniated disk results when some of the soft center pushes out through a rupture or tear in the rubbery exterior. A herniated disc can also be referred to as a bulged, slipped, or ruptured disc. 

It is important to understand some basic information about herniated discs. This can help you identify whether you may have sustained a herniated disc so that you can start taking action to begin recovering. 

Herniated Discs: Location within the Body

A herniated disc can occur in any part of the spine, from your lower back up through your neck. This is because these discs are located between each vertebra in the spinal column.

When one of these discs is displaced, it can press on nerves in the spine, resulting in severe pain. 

How Does a Car Accident Cause a Herniated Disc Injury? 

A herniated disc can happen to anyone at nearly any time. Any excessive strain or injury could result in a herniated disc. In a car accident, where trauma to and impact on the body can be severe, the likelihood of a herniated disc increases. This is because the stress placed on your spinal column in a car collision can easily cause your vertebrae to shift out of place. 

Additionally, it is important to note that certain individuals may be more susceptible to herniated disc injuries. Because disc material degenerates with age, older individuals may be more at risk. 

Common Symptoms of a Herniated Disc

It is important to be able to identify signs of a herniated disc. Common symptoms indicating that a herniated disc might exist include: 

  • Sudden and intense lower back pain;
  • Pain in the neck or between shoulder blades;
  • Sharp pain in the legs or feet; and
  • Numbness in back, legs, or hands.

If you were involved in a car accident and are experiencing any of the above symptoms, this may be a sign of a herniated disc. You should seek medical attention as soon as practicable to assess your injuries.

Testing and Diagnosis 

A physician can conduct a physical exam to help determine the cause of your pain. These types of exams will frequently assess: 

  • Tenderness in your back,
  • Reflexes, 
  • Muscle strength, and 
  • Walking ability.

In addition to physical tests, a physician may also use imaging tests to identify a herniated disc. The most common method of testing for a herniated disc is through the use of magnetic resonance imaging (MRI). However, it is important to note that a herniated disc cannot be identified using an x-ray. 

Without verifying your injuries, proving that you are entitled to compensation can be difficult. Thus, testing and diagnosis are crucial steps in the settlement process. 

Herniated Disc Settlement Calculator: Determining Your Herniated Disc Settlement Value

Determining the value of your potential herniated disk car accident settlement is one of the most important parts of your case. Your settlement value is what will allow you to recover from your injuries. But what is your herniated disc settlement worth? 

Unfortunately, there is no precise equation for determining your settlement amount. However, there are ways of anticipating what your ultimate settlement could be.

Like in any other personal injury lawsuit in Texas, your settlement value will primarily be made up of your compensatory damages. Compensatory damages are designed to make you “whole” after your accident and allow you to recover from your injuries. These compensatory damages can be broken up into economic and non-economic damages. 

Economic Damages

Economic damages are those that help compensate for your physical damages and losses. Examples of economic damages for which you can receive compensation include: 

  • Property damage resulting from the accident;
  • Medical expenses related to your herniated disc and other injuries; and
  • Lost wages and lost earning capacity.

Depending on the extent and severity of your injuries, property damage, and time away from work spent in recovery, your economic damages may make up a large portion of your settlement value. Thus, it is imperative to have someone in your corner who can help ensure that you receive compensation for all of your economic losses.

Non-Economic Damages

In addition to economic damages, you may have a claim for recovery of non-economic damages. Whereas economic damages generally help compensate for your out-of-pocket expenses related to physical damages, your non-economic damages will help you recover from your emotional losses. 

Non-economic damages for which you may receive compensation in your herniated disc accident settlement include: 

  • Pain and suffering, 
  • Disfigurement, 
  • Loss of enjoyment of life, and 
  • Loss of consortium. 

You might be wondering what kind of monetary compensation you can receive for these types of damages. In fact, compensation for non-economic damages can often be even greater than your economic damages. 

An experienced personal injury attorney can work with you to identify what non-economic damages exist in your case. Then, we can help you assign a dollar amount to those damages and fight to maximize your settlement.

Call Our Team Today to Discuss Your Herniated Disc Car Accident Settlement

If you have sustained injuries in a car accident in Texas, we want to help. At Grossman Law Offices, we know that navigating a herniated disc accident settlement can feel daunting. However, we can work with you to make this stressful process feel more manageable.

Our team of experienced personal injury attorneys has been helping accident victims for over thirty years. We have worked with thousands of clients to get them the compensation they deserve, and we are ready to fight to do the same for you. Contact us today for your free case evaluation to see how we can help. 

FAQ

Do I Need an Attorney for My Case? 

Each client’s case is different, so it is difficult to say with certainty whether you will need an attorney. However, having an attorney as an advocate in your corner is always a benefit that can lead to more favorable results. We encourage you to contact us for a free case evaluation to see if we may be able to help you. 

Will I Win My Case? 

While we can never guarantee specific results, we will always fight to get you the compensation you deserve. Our firm has a track record of success in winning favorable settlements and judgments for our clients. We will work our hardest to get you the best outcome possible.

What Is the Average Herniated Disk Car Accident Settlement Value? 

Unfortunately, there is no “average” herniated disc settlement value. However, using our extensive knowledge of personal injury law, we will work with you to identify the amount of compensation you may be entitled to. 

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