Have you ever been in a car or truck accident? If so, you know just how painful it can be.
In a related point, have you ever experienced a herniated disc? If you have, you would be acutely aware that the pain can be unbearable, making even the simplest tasks a challenge.
And it’s not just physical pain—a herniated disc can impact every aspect of your life, from work to leisure activities. But don’t worry; there are options available to you.
In this article, we’ll dive into all the details about herniated disc settlements and why you need an experienced car accident lawyer on your side. At Angel Reyes, our team has collective decades of experience navigating the waters of personal injury settlements from car accidents, so we’re extremely qualified to explain the ins and outs of the process.
What is a herniated disc?
Car accidents often result in injuries, and a herniated disc is one of the most common ones. These injuries frequently occur when a person is rear-ended, causing the soft, cushion-like disc between vertebrae to push through a crack or rupture in the exterior casing. This protrusion into the spinal canal puts pressure on surrounding nerves, leading to pain and discomfort.
Herniated discs can occur anywhere along the spine, from the cervical spine in the neck to the lumbar region in the lower back. Medical professionals typically refer to these injuries based on the number of the vertebrae and the part of the spine affected. For instance, a “C4” injury would be located in the fourth vertebra in the cervical region, while an “L2” injury would be situated in the second vertebra in the lumbar region of the spine.
Complications from a herniated disc
The symptoms and complications resulting from a spinal injury can vary widely depending on the injury’s severity, its location along the spine and any associated nerve damage. Due to this variability, the affected area may exhibit anything from a dull ache to intense pain. Additionally, if a herniated disc is pressing on nearby nerves, it may cause pain in other areas of the body as well.
For instance, a herniated disc in the cervical spine region may lead to pain in the neck and shoulder areas. If the disc is compressing a nerve, this pain could radiate down the arm and into the hand and fingers, resulting in numbness or tingling sensations that make it difficult to grip objects.
Similarly, a herniated disc in the lumbar region can affect the nerve running from the lower back to the foot, typically causing pain in one leg. This pain can be intense, and in severe cases, it can even impede a person’s ability to walk or drive.
A herniated disc can significantly impact your capacity to perform everyday activities and work. Beyond the pain you experience, you may find yourself physically unable to perform certain tasks.
To ensure you receive full compensation for accident-related injuries, it is crucial to learn about herniated disc and pinched nerve compensation.
Treatment options for a herniated disc
The treatment of a herniated disc depends on the injury’s severity. Doctors typically begin with conservative treatment options, such as anti-inflammatory medication and activity restriction for a few days.
If this approach proves ineffective, doctors may prescribe steroid injections or recommend physical therapy. However, injections can be costly, especially if they are necessary for an extended period. If your condition does not improve, your doctor may suggest surgery such as a discectomy, vertebral fusion or artificial disc replacement, depending on your injury and overall health.
As you might expect, the expenses associated with treating a herniated disc can quickly add up. In addition to doctor visits, you must also consider the cost of medication, tests and imaging such as x-rays, MRIs and CAT scans. Consequently, seeking a herniated disc settlement after an accident is not just fair, but necessary. To pursue your legal options, it’s crucial to work with an experienced personal injury lawyer who can help you navigate the process.
When should you consider seeking legal action?
After a car accident, seeking immediate medical care is crucial to determining the extent of your injuries and the necessary treatment. In the case of a herniated disc, treatment can take weeks or even months—and costs can start to stack up.
Therefore, it’s important to consult a car accident lawyer as soon as possible to start building your case and gathering evidence, including medical reports. An experienced lawyer from the team at Angel Reyes can also provide valuable guidance on the varying amounts of herniated disc car accident settlements in different states, as seen in our case results. One of our expert personal injury lawyers can help you navigate the legal process and recommend doctors who can accurately diagnose your injury to create an effective treatment plan.
If you develop a herniated disc as a result of a car accident, don’t put off taking legal action. Get the assistance of an experienced lawyer from Angel Reyes to guarantee that you are compensated for your medical expenses and lost income, as well as your pain and suffering.
How is the amount in a car accident settlement calculated where I suffered a herniated disc?
Lawyers must consider several factors when calculating the amount you are eligible for. In addition to the cost of your medical care, they have to figure out how much damage was caused and how much your insurance will cover.
It is a complex process, and you must be prepared for a lengthy case if the amount calculated is significantly large. Let’s take a closer look at these factors.
Factors that impact average herniated disc settlements
Your lawyer will need to gather a fair amount of information before they can give you an accurate estimate of the herniated disc settlement you are owed. This is why it is crucial to seek the services of a lawyer as soon as safely possible after the accident.
In addition, you should keep a copy of all your medical bills and reports for each consultation after the accident.
Here are the specifics of what will influence herniated or bulging disc settlements:
The accident
Having evidence of the accident, such as photos and eyewitness statements, can be vital in proving liability and the severity of the accident. For instance, if you were rear-ended by a truck, it could indicate a more severe impact that could cause more significant injuries like a herniated disc.
Furthermore, because Texas is a comparative negligence state, each party’s percentage of fault in the accident must be determined. This means you may not be entitled to a settlement if you are more than 50% at fault. Additionally, your percentage of liability will also affect the settlement amount you can receive. The lower your liability percentage, the higher the potential settlement amount.
Having the accident report, eyewitness names and photographs can also help save time and support your case. Waiting too long to gather information and file a claim can negatively impact your case, as it becomes more challenging to recall information and locate witnesses. Therefore, it’s essential to gather evidence as soon as possible and work with an experienced lawyer who can guide you through the legal process.
The injury
The severity of your herniated disc is also a crucial factor in figuring out how much you will get as a settlement. No two people will have the same specific herniated disc. This is why a settlement for herniated C5 and C6 discs in Texas will differ from that for herniated C4 discs. Your medical consultation after the accident is vitally necessary to determine this information.
Even if you are not in pain, you should never skip a consultation following an accident. Some people are in shock after an accident, or the adrenaline prevents them from registering injuries. Skipping a doctor’s appointment could put your life at risk and make compound serious injuries that should be addressed right away.
In addition to the severity of your injuries, how bad your herniated disc is will also determine what kind of treatment you need later. With the right images, doctors can quickly determine how to treat your injury and what to do next. This will give you an estimate of how much therapy will cost and how long it will take you to recover.
Another crucial moment is when your doctor outlines the full implications of your injury and how your life will be impacted. You can then use this information to negotiate your settlement.
For example, in Texas, settlements for herniated disc injuries treated with steroid injections tend to be higher than those treated with other non-invasive methods. This is because they are usually done over a longer period of time to treat recurrent pain.
When surgery is involved, settlements will also be higher because of the time it takes to recover and the long-lasting effects. This is why you need a lawyer familiar with herniated disc settlements who will understand the full implications of your injury.
They will also know how to deal with any arguments relating to pre-existing conditions or injuries.
Damages
Damages due to your herniated disc will also have to be assessed. These are separated into special and general damages. The former includes medical treatment, property damage and loss of income. Each of these will be based on the severity of the accident, plus the injury and recovery time.
Some people cannot return to their jobs due to complications from the injury, which is where a lawyer will have to prove these damages. Remember what we said about keeping track of all the information regarding your injury? This is one of the vital points where it comes in handy.
General damages deal with non-monetary losses. These damages include things like physical pain, suffering and emotional distress. Although general damages are hard to quantify, they must be considered.
Experienced personal injury lawyers understand how severe injuries impact people’s lives and states of mind. It can take a toll on your mental health when you cannot work or do the things you once enjoyed.
In addition, surgeries to correct or replace a herniated disc can leave permanent scarring, negatively impacting your self-confidence. These are all consequences of your accident and will also play a role in calculating your settlement amount.
Insurance coverage
The amount you receive in a settlement may be affected by your insurance coverage and that of the other driver(s). You may not be able to recover the entire amount of your damages if the other motorist is uninsured or underinsured.
In such circumstances, filing a claim with your own insurance company under your uninsured motorist coverage may be necessary. The amount you can recover from your own insurance coverage, however, may be limited.
It’s vital to analyze your insurance coverage and consult with a lawyer to fully understand your options and potential reimbursement.
Are online case calculators reliable?
A case calculator will only be as accurate as the information you provide. That is why they’ll often ask for the specifics of your case. It won’t be able to give you a definite settlement amount, but it can give you an idea of what to expect. A herniated disc settlement calculator can help you figure out how much you might be able to get in a settlement.
If you do not supply sufficient information, the calculator will be unable to assist you. In certain circumstances, a lawyer will most likely contact you for additional information about your case.
Case calculators are handy tools, but a legal consultant will be more effective in giving you an accurate herniated disc settlement.
FAQs
How much do steroid injections increase settlements in Texas?
Steroid injections help reduce the pain and discomfort caused by a herniated disc by acting as an anti-inflammatory agent. A doctor or nurse must give these injections, and they require special imaging equipment. The doctor has to guide the needle into the correct area and administer the steroids. These injections can be incredibly effective, reducing pain and discomfort for months. However, some people may need several injections in a year. This can get expensive, so it makes sense that it may increase settlement amounts. In Texas, herniated disc injury settlements with steroid injections might be nearly twice as high as those with other conservative treatments.
How much should I settle for a herniated disc?
This is when talking to a personal injury lawyer is most helpful. There is no way to get an estimate of a settlement amount without proper consultation. As much as there is an average range for settlement amounts, the factors in each case are different. How much you should settle for will be vastly different from what others should. Consulting a lawyer will allow you to understand better the factors in your case that will affect your settlement amount. You should never accept a herniated disc settlement without consulting a lawyer after a car accident.
Should you work with a herniated disc?
The severity and symptoms of a herniated disc will affect people differently. Some people may not experience symptoms except mild discomfort, while others may have severe pain and limited range of motion in their limbs. Some may even have difficulty walking or holding objects in their hands. Therefore, whether you can work with a herniated disc depends on the injury's severity. Your doctor is the best person to advise you on working with a herniated disc. If you continue to work with a herniated disc, you could cause permanent damage. Furthermore, continuing strenuous work against your doctor’s orders could also negatively impact any injury claims you may raise.
What is the average settlement for discectomy?
A discectomy is an operation that takes out either the whole herniated disc or a part of it to relieve back pain and other symptoms. Doctors will carefully examine your medical history to decide if you can have a discectomy. The operation can cost between $15,000 and $50,000, and there is a 70-90% chance of a full recovery. Your settlement amount will incorporate factors like the cost of your operation and recovery period. This means settlement amounts will vary—you can’t get an accurate estimate without a consultation.
How long does a herniated disc settlement take in Texas?
The time it takes for a herniated disc case to settle in Texas will depend on your individual circumstances, as there is no one-size-fits-all settlement. There are many factors to consider—you need to think about how long it will take to get all the information you need to negotiate a settlement amount. Generally, more significant settlement amounts take longer as both sides try to gather evidence to aid their case. Generally, settlements can take anywhere between two months and two years.
How long does it take to recover from herniated disc surgery?
Getting better after a discectomy, spinal fusion or putting in an artificial disc depends on your health and how well the surgery went. On average, recovery time can be anywhere between 4 and 12 weeks. Your doctor will tell you what will help you recuperate and what you should avoid. A herniated disc is considered a disability if you can’t go back to work for 12 months or more.
Use the best personal injury lawyers in Texas
As we now know, the settlement amount for a herniated disc resulting from a car accident in Texas is highly dependent on the specific circumstances of the case. Seeking prompt medical attention, documenting everything related to the accident, and filing your injury claim early are crucial steps to ensuring a smooth and successful claims process.
Having a skilled personal injury lawyer on your side can help you obtain the best possible outcome. The team at Angel Reyes has more than 30 years of experience in the personal injury and auto accident field of law, meaning our lawyers know the intricacies and loopholes that our competitors can’t find. With a compassionate, comprehensive approach to each case, we will fight for your right to gain the maximum possible amount you deserve. By taking these steps, you can focus on your recovery, knowing that your settlement is being handled by the most competent and experienced professionals. Get in touch with us today to discuss your case and receive an obligation-free quote.
