HOW MUCH IS A HERNIATED DISC WORTH IN A CAR ACCIDENT IN TEXAS?
If you’ve suffered a herniated disc from a car or truck accident in Texas, you may be wondering, “How much is a herniated disc worth in a car accident in Texas?” Understanding the value of your claim is crucial, as these injuries can significantly impact your life and finances.
Angel Reyes & Associates is well-versed in herniated disc injury cases in Texas and can help you get a fair settlement. Below, we’ll discuss the factors influencing settlement amounts, common challenges in negotiating with insurance companies, and practical tips to strengthen your case.
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 vertebra number and the part of the spine affected.
For instance, a “C4” injury would be located in the fourth vertebra in the cervical region. In contrast, 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. This variability can produce a range of sensations in the affected area, 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.
For instance, a herniated disc in the cervical spine region may lead to pain in the neck and shoulder areas. If the disc compresses 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 be unable to do weightlifting exercises, sit for too long, vacuum your home, or do any activity that puts undue stress on the back or spine.
To ensure you receive full compensation for accident-related injuries, it’s 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 necessary for an extended period. If your condition doesn’t 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 of treating a herniated disc can quickly add up. In addition to doctor visits, you must consider the cost of medication, tests, and imaging such as X-rays, MRIs, and CAT scans.
Seeking a herniated disc settlement after an accident is not only fair but necessary. To pursue your legal options, working with an experienced personal injury lawyer who can help you navigate the process is crucial.
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.
It’s essential to consult a car accident lawyer as soon as possible to build your case and gather evidence, including medical reports. An experienced legal professional at Angel Reyes & Associates can also provide insight into how much a herniated disc is worth in a car accident in Texas.
View our case results highlighting some of the settlements we’ve won for our past clients. 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 & Associates to guarantee you’re compensated for your medical expenses, lost income, and 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’re eligible to receive. In addition to the cost of your medical care, they must determine how much damage was caused and how much your insurance will cover.
It’s a complex process. Generally, the greater the amount your lawyer believes you’re entitled to in compensation, the longer and more contentious your case will likely be. Let’s take a closer look at these factors.
FACTORS THAT IMPACT AVERAGE HERNIATED DISC SETTLEMENTS
How much a herniated disc is worth in a car accident in Texas depends on several factors. Your lawyer must gather a fair amount of information before they can accurately estimate the herniated disc settlement you’re owed. This is why it’s crucial to seek the services of a lawyer as soon as 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 a herniated disc settlement in Texas:
THE ACCIDENT
Evidence of the accident, such as photos and eyewitness statements, can be vital in proving liability and the accident’s severity. 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. You may not be entitled to a settlement if you’re more than 50% at fault. Additionally, your percentage of liability also affects 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 save time and support your case. Waiting too long to gather information and file a claim can negatively impact your case, as recalling information and locating witnesses becomes more challenging. Therefore, gathering evidence as soon as possible and working with an experienced lawyer to guide you through the legal process is essential.
THE INJURY
The severity of your herniated disc is also a crucial factor in determining how much you’ll 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’re 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 compound serious injuries that should be addressed right away.
In addition to the severity of your injuries, the severity of your herniated disc 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 estimate 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 it will impact your life. 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’re usually done over an extended period 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.
DAMAGES
Damages due to your herniated disc also must 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 can’t return to their jobs due to complications from the injury, which is where a lawyer must 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 that comes in handy.
General damages are non-monetary losses, including 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 can’t 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). If the other motorist is uninsured or underinsured, you may not be able to recover the entire amount of your damages.
In such circumstances, filing a claim with your insurance company under your uninsured motorist coverage may be necessary. However, the amount you can recover from your insurance coverage may be limited.
It’s vital to analyze your insurance coverage and consult with a lawyer to fully understand your options and potential reimbursement.
PRE-EXISTING INJURIES
Another common issue is pre-existing medical conditions. Insurance companies may argue that the herniated disc was not a result of the car accident but rather due to an earlier medical issue. This tactic can complicate the claims process and keep victims from getting a fair settlement.
Moreover, insurance companies in Texas often employ aggressive tactics to minimize payouts. They might downplay the severity of a herniated disc or question the necessity and cost of treatment, all to reduce the settlement amount. Overcoming these challenges requires detailed medical documentation and, often, legal assistance to achieve a just resolution.
STATUTE OF LIMITATIONS
A herniated disc injury is a type of personal injury. So, if you want to seek compensation for a herniated disc or any other personal injury, you generally have about two years to file a lawsuit. This clock starts ticking from the date of the accident.
If you miss this deadline, the court may throw out your case, leaving you without compensation for your injuries and damages. This timeframe is vital because it keeps things fair and ensures that legal matters are dealt with promptly while evidence remains fresh.
Some considerations might extend your time, such as the tolling of the statute. Tolling in this context means a temporary pause on lawsuit deadlines, often for minors. For them, the deadline starts at age 18, with exceptions. If someone is mentally incompetent, the deadline may pause until they’re sound. If the liable person leaves the state, the deadline could pause until they return.
Nonetheless, staying on top of this deadline is crucial if you’ve been injured in an accident. Take action quickly. Talk to a lawyer as soon as possible to understand your rights and options for seeking the compensation you deserve.
ARE ONLINE CASE CALCULATORS RELIABLE?
A case calculator will only be as accurate as the information you provide. That’s 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 determine how much you can get in a settlement.
The calculator cannot assist you if you don’t supply sufficient information. In certain circumstances, a lawyer will likely contact you for additional information about your case.
Case calculators are handy tools, but legal consultants give more accurate herniated disc settlement amounts.
FAQS ABOUT HERNIATED DISC SETTLEMENTS IN TEXAS
HOW MUCH DOES A HERNIATED DISC SETTLEMENT PAY FOR PEOPLE IN A CAR ACCIDENT?
The sum will differ depending on the circumstances of the event and the extent of your damage. As a result, it’s impossible to provide a precise figure because each scenario is unique. Settlements can range between $80,000 to $150,000. However, in cases of severe herniated disc injuries, the amount can increase quite a bit. For a more definitive estimate, it’s best to consult a personal injury lawyer and have them look into your case.
HOW DO YOU PROVE A HERNIATED DISC INJURY WAS CAUSED BY A CAR OR TRUCK ACCIDENT?
Even if you can determine how much a herniated disc is worth in a car accident in Texas, you still must prove your case to the insurance company. You’ll need medical evidence and the proper legal steps to do this successfully.
First, seek immediate medical attention following the accident. The doctor’s report should clearly link your symptoms to the incident, noting details like the force of impact and the onset of your symptoms. This immediate medical documentation is critical.
Second, gather all possible evidence from the accident scene, including witness statements and police reports, which can corroborate the circumstances of the crash. Photographic or video evidence of the accident scene showing the impact can also be helpful.
Consulting with medical experts who can provide a professional opinion on how the specific type of collision could have resulted in a herniated disc is also critical. These experts can testify in court if necessary.
Finally, an attorney experienced in personal injury claims can guide you through the process, ensuring that all documentation and expert testimonies are presented effectively to establish causation in your claim.
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 must 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 may increase settlement amounts. In Texas, herniated disc injury settlements with steroid injections might be nearly twice as high as those with other non-invasive treatments.
HOW MUCH SHOULD I SETTLE FOR A HERNIATED DISC?
This is when talking to a personal injury lawyer is most helpful. There’s no way to estimate a settlement amount without proper consultation. While it’s possible to calculate an average settlement for a herniated disc in a car accident, each case’s factors differ.
How much you should settle for will vastly differ 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 in Texas 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. 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’s 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 must 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. 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.
WORK WITH THE TOP 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.
If you’re still unclear about how much a herniated disc is worth in a car accident in Texas, Angel Reyes & Associates can help you figure it out. We have over 30 years of experience in the field of personal injury and auto accident law, meaning our lawyers know the intricacies and loopholes that our competitors can’t find.
With a compassionate, comprehensive approach to each case, we’ll fight for your right to gain the maximum possible amount you deserve. Taking these steps lets you focus on your recovery, knowing that your settlement is handled by the most competent and experienced professionals. Contact us today to discuss your case and receive an obligation-free quote.
