You might suffer severe injuries if you or a loved one were involved in a car accident. For example, one possible repercussion of a crash is a herniated disc. This type of injury can cause great pain and, in serious cases, even lead to disability.
When another party caused your collision, they could be liable for your suffering and the associated expenses. In some cases, accident victims are eligible for financial compensation. Contact us for a free consultation, and our Orlando herniated disc lawyers will help you explore your legal options.
What Is a Herniated Disc Injury?
A herniated disc is a spinal injury that occurs when the disks separating your vertebrae are displaced. The condition can be caused by age-related wear and tear, injury, or repetitive stress to the back. They are common in vehicle accidents due to the high-impact trauma victims can experience.
These extremely painful injuries often require a long period of medical treatment, which could include therapy, pharmaceutical intervention, and more.
These can leave you with expensive medical bills you did not budget for, causing financial stress or difficulty. In addition, herniated discs can make everyday life difficult and impact your ability to work and earn income.
While there are several ways in which the condition can negatively impact your life, there are ways you can pursue damages for your physical pain and suffering. For example, you may have legal options that can result in compensation, making life easier on your road to recovery.
Disc Injuries Caused by Car Accidents
When two or more vehicles collide during a car accident, the potential for injury is significant, as a great deal of force can cause trauma to the human body.
It is not uncommon for this impact to cause traumatic brain injuries (TBIs), neck, spinal cord injuries, and other back area wounds. Therefore, we recommend seeking medical attention immediately after a collision.
Understanding the causes of accidents is helpful when considering your legal options, as you may determine if another party is at fault. Common causes of accidents include but are not limited to:
- Distracted Driving: Examples of distracted driving include engaging in conversation, listening to loud music, eating, using a cell phone or other device, looking away from the road, and more. Another party could be liable for your damages and suffering if your accident was due to distracted driving.
- Driving under the influence: Alcohol and other substances can inhibit the ability to operate a vehicle safely. There is a reason driving under the influence of drugs, or alcohol is illegal. If another driver was under the influence during your accident, you could take legal action against them by filing a personal injury claim.
- Speeding: Speeding can cause accidents and injuries, such as herniated discs. A speeding driver may be responsible for your accident.
- Improperly maintained roads: Sometimes, governing agencies fail to do their job in keeping the roadways safe. A malfunctioning traffic light, missing stop sign, unplowed road, or other forms of negligence can put your health in danger.
- Tailgating: If a car was traveling too close to you at the time of your accident, their recklessness could have contributed to your accident injuries. It is important to remember you have legal options if tailgating is a factor.
There are many reasons why traffic accidents happen. According to the National Highway Traffic Safety Administration (NHTSA), over 2.5 million injuries occur yearly in motor vehicle accidents. In addition, the NHTSA reported billions of dollars in damages and healthcare expenses incurred from car accidents annually in the United States.
If you were involved in an accident leading to your herniated disc, you should seek medical attention and legal help immediately. Our personal injury lawyers can help you understand your options.
Recoverable Compensation
Every case is different, but if another party is ruled liable for your accident and suffering, you could recover various damages. This might include reimbursement for legal fees, medical expenses, lost wages, and much more.
These costs can be substantial and ongoing, depending on the injury’s severity and the individual’s ability to return to work. Other factors contributing to the calculation of damages include the individual’s age, education, and career prospects before the injury.
A personal injury attorney can determine the full extent of recoverable damages in a herniated disc injury case. They will use the available evidence, like medical records and medical expert testimony, to paint a complete picture of your losses.
Economic Damages
The financial losses you suffer from an injury are known as economic damages. Recovering these losses can help rebuild your financial stability. You may recover:
- Lost wages: The income a person would have earned if they had not been injured may be included in the final award.
- Loss of earning capacity: This refers to the reduced ability of a person to earn an income due to their injury, which can result from a decrease in job performance or the need to switch to a lower-paying job.
- Medical expenses: This includes all costs associated with medical treatment for the injury, such as hospital bills, rehabilitation, and prescription medication.
- Property damage: This refers to the repair or replacement cost of any property damaged in an accident, such as a car or other personal belongings.
- Out-of-pocket expenses: This includes any additional expenses caused by the injury, such as transportation costs for medical appointments, home modification expenses, and costs associated with hiring a caregiver.
A personal injury attorney can help you document and prove economic damages by gathering all relevant evidence related to your economic damages, such as medical bills, pay stubs, and tax returns.
Our legal team may also bring in experts, such as economists or rehabilitation specialists, to assess the full extent of your economic losses and provide expert testimony in court.
Non-Economic Damages
The intangible losses suffered by the victim as a result of the injury are known as non-economic damages. Unlike the previous category, these incorporate the personal and subjective impact of the traumatic event. Victims may access damages for:
- Pain and suffering: Victims may seek compensation for the physical discomfort and emotional suffering experienced due to the injury.
- Emotional distress: This covers the psychological and emotional harm suffered by the victim, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: The injury can reduce the victim’s ability to engage in activities and hobbies they previously enjoyed.
- Loss of consortium: The harm suffered by personal relationships, including the loss of companionship, affection, and intimacy due to the injury, can also be compensated.
The lawyer handling your case will always represent your best interest before the insurance company. They will try to negotiate for maximum compensation, and if they fail to reach a fair disc injury settlement offer, your lawyer can take the case to court.
Punitive Damages
Unlike economic and non-economic damages meant to compensate victims for other losses, punitive damages punish the defendant.
These are awarded only in rare cases where the liable party shows extreme negligence or maliciousness. Consult your lawyer to learn if your case qualifies for any additional damages.
Anidjar & Levine Can Help You Recover
In the aftermath of your accident, you could be dealing with many stressful circumstances as you strive to recover. During this difficult time, filing a legal claim could add one more challenging item to your to-do list. But remember, the personal injury law experts at Anidjar & Levine are available to walk you through the legal process and answer any answer your questions.
While legal action is not for everyone, accident victims may find a sense of peace and closure while recovering compensation that can make life easier moving forward. Whether you are considering legal action or are ready to act today, a herniated disc lawyer in Orlando can help. Contact us for a free consultation.