Not many people know much about what a herniated disc actually is, but these can be some of the most painful and debilitating back injuries that a person can suffer from. They are also one of the most common examples of a personal injury claim a law firm will deal with. If you have been suffering from this type of injury, then it is highly likely that you have been experiencing chronic pain, numbness, and/or tingling sensations in your arms and legs. In some of the more severe cases, a disc herniation can result in a permanent disability. Due to the potential severity and pain associated with herniated discs, if you have sustained this type of injury because of something that was not your fault, then it is important you seek legal representation to see if you could be entitled to compensation.
Here at The Law Place, our personal injury lawyers recognize how serious a herniated disc can be and will do everything to get you the compensation you deserve. Our Florida team boasts over 75 years of combined experience in dealing with personal injury cases such as your own, and many are AVVO 10.0 rated, so you can be confident your case will be handled with the utmost professionalism and dedication. Your personal injury lawyer will work around the clock to ensure this process is as stress-free as possible and to get the justice you deserve. If you wish to find out more and schedule a free consultation with our lawyers, then do not hesitate to get in contact.
Call our law firm today at (941) 444-4444. Phone lines are open 24 hours, 7 days a week!
What Is a Herniated Disc Injury?
Your spinal cord is a very intricate system. It is made up of multiple individual bones that are known as discs. The discs purpose is to protect the spinal cord, and they allow for us to bounce, bend, and twist about freely. However, as many of us are familiar with, as we get older, our spine and joints become noticeably weaker. Because of this, if we make any sharp movements, then this has the potential to cause a disc herniation. This is a lot more common in the elderly. Traumatic accidents (e.g., a car accident or a slip and fall) can also lead to a herniated disc. However, this could happen to anybody at any age in this type of scenario.
A disc herniation will arise when the solid disc that surrounds your spinal cord tears or protrudes outwards. This will then allow for the gel-like substance within your spinal cord to leak out. If your disc is protruding, then it will be pushing against your spinal cord or a nerve root. This will cause very severe back pains. To make this even worse, because your spine is linked to your entire body, the pain a herniated disc causes is likely to impact the rest of your body too. A herniated disc injury does have the capability to lead to more severe conditions, injuries, and pains if not treated. This includes radiculopathy, which will occur because of the pressure on the spine and will cause numbness and/or pain in the arms, legs, and lower back.
In some of the more severe disc herniations then it is also possible to suffer from complications with your movements and to experience intense pain, and sadly this may require an extensive amount of recovery time. If the injury is serious enough, then it is also unfortunately possible for the degree of movement you had before your injury to never return.
Because of how severe and life-changing a disc herniation can be, it is highly recommended that you consider hiring an experienced Florida personal injury lawyer to take on your case. If you have sustained a herniated disc in an accident that was not your fault, then a personal injury lawyer will be extremely helpful in you getting the justice you deserve. Call or text The Law Place today to schedule a free case evaluation to learn what we can do for you.
What Are the Most Common Symptoms of a Herniated Disc Injury?
A herniated disc can cause a lot of pain and discomfort. Common symptoms you may experience if you are suffering from one includes (but are not limited to):
- Muscle weakness – Disc herniations will often cause unusual loss of balance and/or weakness in your limbs. The nerves that the disc is pressing against may not be able to suitably communicate with the muscle they’re associated with. This could make even the most simple motor tasks a lot more difficult to complete. In the case that the disc is pressing against the nerve associated with the lower half of your body, then the nerve damage could become permanent or at least long-term. This is, however, not certain and is a very rare occurrence.
- Shooting pains – If your herniation is severe enough, then it is likely that you will be experiencing severe shooting pains from the source of your injury, which will then travel across the body. This pain could occur in short bursts when you make a sudden movement (e.g., when you sneeze), or it could last hours or even days in some cases.
- Pain, numbness, or/and tingling in different parts of the body – Depending on which disc has been herniated, this will determine which part of the body experiences these sensations. For example, a herniated disc in the lower of the spine will more than likely lead to pain in your legs, whereas an injured disc in the neck is more likely to affect your shoulders or arms.
What Are the Most Common Causes of Herniated Disc Injuries in Port Charlotte, FL?
Unfortunately, it is an undeniable fact that the elderly are more at risk of sustaining a herniated disc in an accident than a younger person would be. This is due to the discs in the spine losing water content as we get older. This reduction in water content in the spine means that the discs will become a lot less flexible, and so they’re much more susceptible to tearing or rupturing. Even when doing a normal activity, this risk is there, so being in an accident is particularly risky. However, it is vital to keep in mind that people of any age could sustain a herniated disc if involved in a traumatic accident.
Some common examples of accidents in which people may sustain a herniated disc include, but are not limited to, the following:
- A physical assault or another instance of violence against a person.
- A car accident.
- A slip and fall.
- Sports accidents.
- Workplace accidents.
If you or a loved one are suffering from a disc herniation at the expense of an accident that was not your fault (instead caused by one of the above causes), then somebody may be liable for your suffering, and you could be eligible for compensation.
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Is It Possible to Sue Somebody Following a Herniated Disc Injury in Port Charlotte?
To put it simply, yes, you can! It is possible to sue for herniated disc injuries in Port Charlotte and across the whole State of Florida. However, as already mentioned, because of how complicated the specifics of a herniated disc injury can be, it may be difficult for a lawyer to adequately prove that you injured your back in the accident (if you had issues beforehand) or/and that your injuries are serious enough to require compensation.
Because of this, it means that it is really important to choose the correct personal injury attorney to take on your case. Here at The Law Place in Port Charlotte, our lawyers have an immense amount of experience and skill related to cases such as your own. A solid case with well-backed evidence and the right lawyer can win you the compensation you so deserve after an injury. Contact us today to learn more.
From the initial call to updates on your case status, we are here to get you answers.
What if I Have a Pre-Existing Neck or Back Injury?
In order to be eligible to receive financial damages after your accident, then your personal injury lawyer must be able to reasonably prove that you suffered your disc herniation in an accident and that it was not pre-existing. Unfortunately, this becomes a lot more difficult if you did already have an existing neck and back injury at the time of your accident. This is why it is highly recommended to hire a personal injury attorney with great experience and skill in doing so. Our attorneys here at The Law Place have years of combined experience in dealing with cases such as this, so we will confidently take on the necessary insurance company involved with your payout.
A personal injury attorney at our law firm will be able to put in the work to prove that at least an element of your injury and consequential back pain was caused by the accident. Once this has been done, you should be able to receive a suitable amount of damages. In order to achieve this, an attorney from our office will begin by gathering all of the necessary evidence to highlight how any back pain you already had has, in fact, been worsened considerably because of the accident. Evidence to prove this may include testimonies from family members and friends, treatment history, medical records, and keeping a daily journal. To learn more about how we can get you compensation for your injuries, contact The Law Place today to organize a free case evaluation.
How Is Liability Determined in a Herniated Disc Injury Case in Florida?
The process of suing for a herniated disc can be a complicated one. There are four main requirements in any injury case that have to be satisfied in order to ensure that your personal injury claim is successful. Your lawyer will be required to prove the following:
- Was there a duty of care – In any personal injury case, it must be proven that somebody owed you a duty of care. This is more often than not relatively simple to prove as, in most situations, people will owe the people around them a duty of care to behave as a reasonable person and ensure their safety. For example, in reference to car accidents, every driver owes a duty to ensure their driving does not endanger anybody around them.
- Was there a breach of this duty of care – In order to prove that the duty of care was breached, your lawyer must provide evidence that the person in question was acting at a level of negligence that could be considered unreasonable. Again, to use the example of car accidents, a breach would have occurred if a driver was found to be speeding, drunk driving, distracted by their phone, etc.
- Were your injuries caused by this breach – This is a factor that can be the hardest to prove; your injuries had to have been a direct result of the breach. It is advisable to have a personal injury attorney on your side to help you prove this.
- Did these injuries result in damages – The damages you could be owed will be explained in the next section. The proof you will need for these will vary, but for most, it is as simple as retaining the necessary medical bills and employment records.
If you believe your case satisfies these four requirements, then do not hesitate to get in contact with The Law Place to organize a free consultation in order to see whether we believe you could be owed financial compensation.
What Damages Could I Be Owed After Sustaining a Herniated Disc Injury in Port Charlotte, FL?
The most common damages awarded following a herniated disc injury in Florida include (but are not limited to):
- Medical bills – If your disc herniation has meant that you have had to seek professional medical attention (e.g., surgery or physical therapy), then any medical costs will be included in your final settlement. Similarly, if your symptoms will require ongoing treatment, then it is also possible to claim for any possible future costs too.
- Pain and suffering – Pain and suffering is a complex form of damages that includes any mental or physical suffering resulting from your injury, as well as any loss of enjoyment in life. However, this is hard to prove and to calculate into a reasonable value, so it is recommended to have a personal injury attorney do this for you.
- Lost wages – If your herniated disc caused you to have time off from work, then it is possible to claim back this lost income in your settlement. If you have had to leave work or change to a less demanding role, you can also claim a loss of earning potential.
- Wrongful death – Florida Statute 768.21 makes it possible for you to file a wrongful death lawsuit in the unfortunate case you have lost a loved one. This lawsuit will often result in a settlement that will cover all necessary funeral expenses and loss of consortium.
Call The Law Place today to organize a free consultation to find out more about how our team could get the compensation you deserve.
What About No-Fault Insurance?
In the case that your injury was sustained in a car accident, then Florida’s no-fault policy will be applied. Florida Statute 627.7407 explains that if you are involved in a car accident, then all drivers involved must rely on their respective insurance companies if they wish to make a claim, regardless of who was at fault. In order to cover this, all Florida drivers are required to have Personal Injury Protection (PIP) Insurance with their motor insurance companies. PIP insurance should cover all medical bills and lost wages occurring because of your herniated disc. If it does not, you may have to file a separate lawsuit against the at-fault driver to make up the gap.
Will Florida’s Comparative Negligence Laws Affect Me?
Florida Statute 768.81 may also affect your settlement if you sustained your herniated disc in a car accident. The courts will assign liability on who they believe was to be at fault in the car accident, and your settlement will reflect the laws of comparative negligence. This means that the Judge will reduce your settlement to reflect the percentage of fault that was proven to be your own, if any.
For example, if your car accident was caused by a drunk driver, but you were also slightly speeding at the time, then your settlement may be reduced by up to 10%. This reduction accurately reflects your own liability and is reduced by this amount due to the fact Florida considers drunk driving to be a more serious offense than traveling over the speed limit by 5-10 miles per hour.
Because of these laws, it is advisable to hire an experienced personal injury lawyer. They would be able to accurately prove where the liability should be placed and ensure you receive a fair deduction if it did lie with you. Contact The Law Place today to organize a free case review to learn more about how your disc herniation case could be affected by the rules of comparative negligence.
Your Personal Injury Case Has a Time Limit!
If you have recently sustained a disc herniation as a result of an accident that was not your fault, then it is vital you act quickly and hire a lawyer as soon as possible. Florida Statute 95.11 sets out that there is a very strict time limit on all personal injury cases. The statute of limitations means that you will have four years from the date you were injured to put forward a claim. If this time period elapses, then you will be unable to ever get the compensation you could be owed. If you have sadly lost a loved one and wish to file a lawsuit, this is reduced to a two-year limit.
Similarly, Florida Statute 627.736 sets out that you are legally required to seek medical treatment within two weeks of being injured. Not only is this for your own benefit, but it is also so that an insurance company can’t use the fact you didn’t seek medical help against you. If you fail to do this, this can severely affect your settlement.
Contact a Personal Injury Lawyer at The Law Place Today!
If you or somebody you know has recently sustained a herniated disc in an accident that was not their fault, then contact an attorney at The Law Place today! The lawyers on our team possess over 75 years of combined experience in dealing with cases such as your own, so you can safely relax knowing your case is in good hands. Our lawyers work on a contingency basis, so do not let legal fees put you off from seeking the justice you deserve. A herniated disc can cause debilitating symptoms which can affect your life, so it is important you are compensated for your suffering. We realize money will not solve everything, but it is a step in the right direction for your recovery.
Our lawyers are here to help! Contact our office today to organize a free consultation with a dedicated personal injury attorney on our team. We have experience in dealing with these complicated insurance companies and know how to best get you a fair settlement. Call us on (941) 444-4444. Phone lines are open 24/7.