Because every injury and case is different, there is no average settlement for a herniated disc from a car accident.
Herniated Discs Vary in Severity and Treatment Needs
Not every injury calls for the same attention or healing time. For instance, the American Association of Neurological Surgeons (AANS) states that some injuries of this kind could require a few days of rest. Others could force an accident victim to undergo surgery.
You might need to take light painkillers or strong medication. In either case, you could qualify for damages. A personal injury lawyer can build your case and seek an injury settlement to help you access the medical care you need and get back on your feet after an auto accident.
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How Your Herniated Disc Could Entitle You to Damages
Your pain and suffering is not the only loss you could collect damages for. Awards for your medical care, mental anguish, loss of income, and reduced quality of life could be available to you. If the back injuries you suffered caused you to take a job that pays you less, you can also pursue the difference in income.
If you suffered a permanent injury, you may require ongoing treatment. Such medical expenses can cripple a family’s finances, but you can seek compensation for future medical care, as well. You could even pursue compensation for property damage to repair your car.
Your car accident lawyer will explore all avenues for compensation after an accident. There might be opportunities you do not know about, such as a personal injury lawsuit. This may be the best option if your accident-related losses exceed the liable party’s insurance policy limits or if you were hit by an uninsured driver.
Who Could Be Liable for Your Injuries?
Car accident injuries are often due to the fault of the other driver. This can happen in situations where this other party engaged in:
- Drunk or intoxicated driving
- Reckless driving, such as speeding or failure to use a turn signal
- Distracted driving, like texting or talking to a passenger
- Drowsy driving
Other parties could have something to do with your case. These could include:
If the city did not repair a pothole or replace a speed limit sign, this could have worsened your accident. The city or county in charge of maintaining the roads could owe you damages if it failed to protect you.
If a car part malfunctioned or was defective, it might have worsened the effects of your crash or collision. For instance, there might be a problem with your brake lines that the manufacturer was aware of and chose to ignore.
What to Do After an Accident where You Suffered a Herniated Disc
Doing the following can help you after an accident:
Put Your Health First
Call for emergency services and wait for medical care. If you did not obtain care at the scene, visit a healthcare center as soon as possible. Symptoms of a herniated disc injury, such as neck pain or shoulder pain, can worsen over time if left untreated. Worsening symptoms can lead to chronic pain or severe pain, as well.
You should have a medical professional look at your spine. You might not know what is wrong, only that you do not feel well. Your medical team can provide you with a diagnosis, pain management, and a treatment plan.
Furthermore, your personal injury attorney can use your medical records to establish your injuries and the negligence of another party. They can serve as key evidence in your case.
Beware of the Insurance Company
The insurer does not have your best interests at heart. If you get a call shortly after the accident where the company offers you a settlement, do not take it right away. Consider your future healthcare costs and other losses. Your lawyer can help you explore all your options and then fight for a fair award on your behalf.
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What Benefits Could a Lawyer on Our Team Provide You and Your Case?
Your lawyer will commit themselves to your case. You can focus on healing and visiting with family. Our legal representatives will stand by you and investigate the circumstances of your case. Let their knowledge and resources guide your case.
You do not need to devote your time to learning about Texas personal injury law when you can hire someone who already knows about these kinds of cases.
A lawyer from our firm can do the following for you:
- Handle your insurance claim
- Communicate with the insurance company
- File a lawsuit if the insurance company does not want to play fair
- File paperwork
- Cover your court costs until you secure a financial award
- Represent you in court in front of a judge and jury
- Help you stay within all relevant statutes of limitations
The legal process can be overwhelming when you are recovering from injuries. You have a right to seek legal representation when making a personal injury claim or lawsuit. You do not deserve to suffer a lifetime of pain due to a careless driver.
How Long Do You Have to File a Lawsuit After a Car Accident?
While every insurance company has different rules for filing claims, Texas has one law about lawsuits. Texas Civil Practice and Remedies Code § 16.003 states that you generally have two years to take legal action after an accident. The court could throw out your case if you file after this time frame passes.
Your Options if You Think You Are Partially at Fault for the Car Accident
Texas’ proportionate responsibility statute enables partially at-fault drivers to collect some damages after the accident. If you were not greater than 50% responsible for the accident, you can recover an award.
Your lawyer can analyze your case and the role you might have played in it.
Retain the Services of Loncar Lyon Jenkins After Suffering a Herniated Disc in a Car Accident
Call in the Strong Arm when you need a helping hand after a car accident leaves you with a herniated disc.
We want to secure a fair settlement or award for you to pay your accident-related losses. Call us for a free consultation. You owe us nothing up front for our help.