Herniated disc cases are some of the most common and the most painful personal injury cases that we frequently deal with in Clearwater and the rest of Florida. A herniated disc is a common outcome of car accidents, but it can also happen through a slip and fall or other kinds of accidents that result from people’s negligence.
Despite the frequency of this kind of injury, it is often challenged, especially by car insurance companies. This is because it is impossible to prove when a herniated disc occurred. In fact, insurance companies will have experienced lawyers on their side trying to prove that your injuries were not caused as a result of the accident in a bid to devalue your claim. This is unfair if your back and neck pain has been caused as a result of a road traffic accident, especially as you could have medical expenses as a result of the accident.
This is just one of the reasons why you could benefit from having an experienced Clearwater, FL, personal injury attorney offering you legal advice. At The Law Place, we have been very successful in fighting for people’s rights to compensation following herniated disc injuries. Neck and back injuries can lead to serious and life-altering complications, and while no amount of money can make up for your suffering, the hope is that it will make your life a little easier.
We have over 75 years of combined experience in Florida law. So, call us today for a no-obligation, free consultation on (941) 444-4444.
What Is a Herniated Disk Injury?
Your spine is formed by 23 bones called vertebrae. Each vertebra is cushioned by a curved disc that acts as a shock absorber. This protects the spine and the nerves that travel through the spinal column, allowing you to twist, bend, and bounce without sustaining an injury.
Each disc has a tough exterior that contains a loose network of fibers in a gel-like substance called mucoprotein. When a disc herniation occurs, it is because the tough exterior has begun to protrude or tear, this can lead to the gel leaking out. As the disc protrudes, it pushes into the spinal cord or nerve root, which can cause severe pain. Pressure on the spine can lead to radiculopathy, which causes severe pain and numbness that can radiate down the lower back, legs, or arms.
Neck and back injuries can be debilitating and can take a long time to recover from. They might even cause lasting damage and cause you to have back pain for the rest of your life. If you have been in an accident that wasn’t your fault and are left with herniated discs or any other kind of debilitating injury, you need help from a personal injury lawyer. At The Law Place, we will fight by your side every step of the way to get you the compensation you deserve. Contact us today for a free case review in Clearwater, FL.
How Can a Car Accident in Clearwater Cause a Herniated Disc?
The spine is extremely delicate, and you would be lucky to escape from a high impact collision without doing any damage to your back. Herniated disks are generally more common the older you get, and the older you are, the more likely it will be that a herniated disk would be caused by a car accident.
When people are young and healthy, the gel inside their spinal discs is supple, soft, and comprised of a lot of water, which is great for absorbing impact. However, as you age, the discs begin to deteriorate and dry out. The normal wear and tear of life can also lead to bone spurs forming. Because of this natural deterioration, it can be difficult to prove from scans whether a car accident was the true culprit of your injuries.
Spinal degeneration makes you more susceptible to neck and back injury. Therefore, during a car accident where your body is whipped back and forth with force, an aged disc will be more likely to tear or herniate.
How Can Defense Doctors Cast Doubt on Whether the Car Accident Caused a Herniated Disc?
Unfortunately, most insurance companies are sneaky and use underhand tactics to avoid making payouts to people who deserve compensation. It is true that car accidents are not the only cause of herniated disks, and insurance companies frequently play on this to prevent them from having to make large payouts. Insurance companies have been known to hire defense doctors in Clearwater, who could very well argue that spinal degeneration alone is the cause of a herniated disc. This is a very hard argument to argue against, especially as finding evidence to prove this is not the case is extremely tricky. MRI scans are capable of showing degeneration, but it is almost impossible to see when a disc herniation occurred. You may even have already been diagnosed with herniated disks when the accident occurred, but your back and neck pain might have worsened as a result of the car accident.
A personal injury lawyer will help you to gather the right evidence to prove that your injuries have been caused by, or worsened, due to the accident. They will take testimonies from yourself and your friends and family, and use it as evidence to illustrate how your pain has become more severe.
If you would like to have a free consultation about your case with an experienced injury lawyer at our law firm, that is no problem. We can give you general information about the proceedings in a usual back injury case. Call us any time; we are open 24 hours a day, seven days a week to take your call.
How Can Your Personal Injury Lawyer Prove That the Car Accident Caused Your Injury in Clearwater?
Due to the cunningness of insurance companies and defense doctors, it could be difficult for an inexperienced Clearwater personal injury attorney to win your case and claim for the true amount of compensation that you deserve. That’s why choosing The Law Place is a good choice. We are a law firm that offers sound legal advice and will provide you with a highly trained lawyer who is experienced in dealing with back injuries, building a strong client relationship with you so that we can gain all necessary evidence to get your compensation.
Through our experience, we have found that the right evidence and testimony, including damage to the vehicles involved, past medical history, records of lost wages, and testimony from families, backed by an honest approach, will ensure that juries see through any deceptive tactic that your insurance company might take.
To win your case, your injury lawyer will need to prove that:
- You were owed a duty of care – Someone owed you a duty to take reasonable steps to keep you safe. In the event of a car accident, this is easy to prove because all motorists have a duty of care to those around them.
- The duty of care was breached – Secondly, we will prove that your duty of care was breached; in other words, the defendant did not act as a reasonable person would have. In the event of a car crash, this can be proved if the other party did not follow the rules of the road.
- That breach caused your injuries – Next, we will show how their actions caused your injury; this could be difficult to prove in disc herniation injury cases. However, with the right representation, you stand a good fighting chance.
- Your injuries resulted in damages – Finally, you need to prove that your injuries led to your damages. For some damages such as medical bills and lost wages, this is easy. However, a good personal injury lawyer will also fight for compensation for your pain and suffering, which includes emotional anguish and loss of enjoyment.
Pre-Existing Neck and Back Injuries
If you have a pre-existing back injury, then your herniated disc case will become more difficult to prove. If you have a pre-existing back injury, then you need a law firm on your side who has experience with similar cases. At The Law Place, we have dealt with multiple back injury cases, including herniated disks, and will be prepared to take on insurance companies and their doctors.
We hope to prove that a proportion of your injuries was caused by the accident. Once that determination is made, you should be awarded damages to the extent that the accident was at fault for your injuries. For this to be successful, we will gather evidence to show how your pain has increased since the accident. This can be done with a daily journal, medical records, and testimonies from family and friends.
How Much Is a Herniated Disc Injury Case Worth in Clearwater?
It is impossible to say what your individual herniated back injury case could be worth because every situation is unique. However, when you call The Law Place for your free case review, we will make a quick assessment and tell you what we think your case could be worth.
We will look at the factors that may have impacted your life as a result of the back injury and build our case around this information. We will fight for your right to the following kinds of compensation:
- Pain and suffering – The injuries caused as a result of the accident may have put you in excruciating pain, and you might not be able to do the activities you enjoyed prior to the accident. Therefore, you deserve to be compensated for this.
- Costs for help around the house – Having a herniated disc might debilitate you from doing your usual day-to-day activities. If you need to hire someone, such as a cleaner, to help you do things as a result of not being physically able to because of your injuries, you shouldn’t have to foot the bill.
- Transport to and from appointments – Sustaining herniated disks will mean you have to attend multiple appointments with doctors and specialists. These are journies that you wouldn’t have had to make were it not for the injuries sustained due to the accident. Therefore, it is only right that you are compensated for this.
- Medical expenses – This can be for emergency medical bills as a result of the injuries or medical expenses for long-term care such as nursing, rehabilitative care or personal assistant devices such as a wheelchair or handrail
- Lost earning capacity – If your injuries are so severe that you are unable to work or work as much as you had previously, you are entitled to compensation for the loss of earnings caused by the accident.
- Mental anguish – This may be caused by the constant pain and discomfort suffered or from knowing that you are unable to live your life as you would have previously.
The Law Place Law Group Is Here to Help
The first thing you or a loved one need to do if you have suffered from herniated disc injuries as a result of an accident in Clearwater is to contact a reputable law firm for some legal advice. Here at The Law Place, we have a wealth of experience and have dealt with cases like yours before. Before we take your case, we offer a no-obligation consultation with an attorney who is knowledgeable in injury law. You should not have to suffer from your injuries uncompensated when the accident wasn’t your fault, which is where we can help.
Upon calling The Law Place, you will be offered a free consultation, in which we will assess your individual case. You will be asked a series of simple questions to determine if your claim is legitimate and can be taken further. The accident lawyers at our law firm will offer you some obligation free advice and give you some general information on how best to proceed with your case. If you do not wish to choose us to represent you, that is fine.
If you do wish to proceed, we will arrange an in-depth consultation in which we will explain our fee structure and what we can do to help you through this hard time. Upon deciding to proceed with The Law Place, an experienced attorney from our law group will take over every detail of your case, giving you the much-needed time to recover mentally and physically from the accident.
Upon hearing you wish to make a claim, you will likely be contacted by the liable party’s insurance company. They will attempt to settle the case quickly, quietly, and with minimum cost to themselves. They will try to get you to waive your rights to proceed with the case and accept an offer much lower than what you deserve. We advise that you do not agree to anything without consulting your attorney. They will ensure that you are not taken advantage of in such a vulnerable time.
In Clearwater, FL, most accidents caused by a blown tire end in settlement, and research show that you are 90% more likely to receive a payout with an experienced law firm behind you; however, this does, of course, depend on the case at hand. These payouts also tend to be 60% higher than those without proper representation. That being said, if your case does go to court, our team will be beside you every step of the way to ensure you get the compensation you deserve.
At The Law Place, we understand how scary car accidents are and how much they can impact your life. Being a driver is a risk and can sometimes lead to injuries that have life-changing consequences. This is why, here at The Law Place, we work on a contingency basis, so you will not pay anything upfront. The fees will be deducted from your settlement, and if your case is unsuccessful, you do not pay anything.
Contingency work is monitored by the State Bar Associations, who set restrictions on what lawyers can charge. Your attorney will ensure that you understand the costs, so you are not left with any surprise bills.
Call The Law Place Today
If you have suffered from herniated discs as a result of an accident in Clearwater, FL, you need a law firm behind you that is known for building a strong client relationship and being dedicated to getting you the compensation you deserve. In fact, studies show that having representation not only increases your chance of obtaining compensation, but you are also more likely to revive a higher settlement amount.
Don’t face insurance companies and defense doctors alone. The Law Place is here to help you. Contact us today, and we will take over the investigation so that you can focus on recovering from your injuries.
We offer a free consultation so that you can make a decision only when you have all the facts. What are you waiting for? Call us today on (941) 444-4444.