Because the severity of every back injury varies, there is no set settlement you should expect to collect. As such, several factors affect a personal injury settlement for a herniated disk. They include how your injury affects your quality of life, the expected length of treatment, how expensive your medical bills are, and more.
Factors That Influence a Herniated Disk Settlement
Two people could be in the same accident and still sustain different types of injuries. To see how your herniated disk affected you financially and non-financially, you must go through each aspect of what happened during and after the event.
If your personal injury case settles, the following factors that can make a difference in the award:
- If you have a history of back pain or injuries
- Your age
- Your medical bills
- Your expected recovery
- Your quality of life
- If you can work
- If you contributed in some way to the accident or injury
We Can Use Different Types of Evidence to Show You Were Injured
Although your personal testimony is a key piece of evidence in your accident case, we need more than just that. Other forms of evidence we can gather to support your claim include:
- Medical records (e.g., doctor’s appointments, x-rays, and MRI scans, test results, etc.)
- Photos of the scene of the incident
- Video of the accident
- Testimony from witnesses
- Your doctor’s input
If there is any other proof you have of your injuries, let your lawyer know so they can add it to your case file.
What You Can do to Help Your Case
Even if it seems like there isn’t anything you can do to bolster your case, there is. If you take the following measures, it will be difficult for the other party’s insurance company to argue your claim.
- Seek medical attention right away: Not only is this step good for ensuring you get proper treatment, but it will also provide a direct link between the accident and your herniated disk.
- Stopping treatment against medical advice: Make sure you follow through with your treatment plan in its entirety. Otherwise, the insurance company may question the severity of your injuries.
- Avoid posting on social media: It’s tempting to share what happened to you with your friends online or just post as usual, but the insurance company might find these posts and take them out of context for their benefit.
- Beware of the first settlement offer: It may be tempting to accept whatever the insurance company offers just to put this ordeal behind you. However, insurance companies might undervalue your losses despite knowing that you may have many bills to pay. The first offer may not cover all your losses.
- Direct contact to your lawyer if the insurer asks for your recorded statement: When you speak to the insurer, they might twist your words and you weren’t as hurt as you claimed. Our lawyers are familiar with these tactics and take over all communication on your behalf.
Forms of Damages You Can Collect Following a Herniated Disk
After suffering from a herniated disk injury, you probably face physical, financial, and emotional hardship. Don’t think you have to fend for yourself.
Through an insurance claim or lawsuit, you can seek a financial recovery from the other party. Forms of such damages are:
- Past and future medical bills
- Loss of income
- Loss of future earning potential
- Property loss
- Pain and suffering
- Scarring and disfigurement
- Mental anguish
This list is not comprehensive. A lawyer with our firm can evaluate your case and determine what other damages you may be able to receive.
Meeting the Statute of Limitations is Crucial for Your Injury Case
The date you start to take legal action can make or break your case. Claimants generally have several years to file a personal injury lawsuit. If you don’t make the deadline, the court might prohibit you from collecting any financial recovery.
However, if you get in touch with our firm soon enough, we can help make sure everything is filed on time. This way, your chances for recovery aren’t at risk. Your injury lawyer can inform you of the relevant timeline in your state (and for your kind of injury-related incident).
Understanding Herniated Disk Injuries
It might be helpful to understand herniated disk injuries and how these injuries could cause you chronic pain for months or even years. There are small rubbery disks between the individual vertebrae of your spine. These spinal disks have soft, gel-like centers covered by a tough exterior. A spinal disk can rupture anywhere along your spine. You can also have more than one herniated disk.
According to Mayo Clinic, a herniated disk occurs when this soft interior pushes out through the outer layer; it can pinch or rub on nearby nerves. This injury causes:
- Weakness in the buttocks, leg, foot, neck, shoulder, or arm
A herniated disk is also known as a bulging or ruptured disk.
Untreated Herniated Disks Can Lead to Serious Health Conditions
In addition to the excruciating pain of a pinched nerve, an untreated herniated disk could lead to permanent paralysis. You could experience bowel or bladder dysfunction. Another complication is called saddle anesthesia, which causes numbness in your thighs, back of legs, and buttocks.
A Personal Injury Lawyer with D. Miller & Associates, PLLC® is Ready to get Started
Since 2002, D. Miller & Associates, PLLC™ has pursued financial recovery for injured and disabled clients. Our past success does not guarantee future outcomes. However, our personal injury lawyers will seek awards that fairly reimburse you.
To learn more about a settlement you should expect for a herniated disk, you can connect with us today. Dial (855) PRO-LAWYERS.
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