Herniated disc cases are some of the most common and the most painful personal injury cases that we handle in Florida. A herniated disc is a common outcome of a car accident, but it can also happen through a slip and fall or other kinds of accidents that result from people’s negligence.
Unfortunately, it is also an injury that is often challenged, especially by car insurance companies. This is because of the difficulty proving that the herniated disc as a result of your accident. In fact, insurance companies have been known to hire their own doctors who can argue that your herniated disc was not a result of the car accident.
That is just one of the reasons why it is important to have an experienced Sarasota personal injury attorney on your side. At The Law Place, we have been very successful in fighting for people’s rights to compensation following a herniated disc. Contact us today on (941) 444-4444 for a free consultation.
What is a Herniated Disc Injury?
Your spine is comprised of 23 bones called vertebrae. The discs are curved cushions that sit in between each vertebra. The discs act as shock absorbers, protecting the spine and the nerves that run through the spinal column. This allows you to bend, twist, and bounce.
Each disc is filled with a liquid gel-like material, almost like a jelly-filled donut. A diagnosis of a herniated disc means that the external covering has begun to protrude out or tear, potentially resulting in the liquid leaking out. Usually, this itself does not cause the pain, but rather as the disc protrudes, it pushes into the spinal cord or a nerve root. The pressure on the spine can cause severe pain and numbness, called radiculopathy; this can radiate down the arm, leg, or lower back.
Injuries involving the back are painful and can lead to a long road to recovery and reduced quality of life. If you have been in an accident that wasn’t your fault and have been left with a back injury, then you should contact personal injury lawyers at a reputable law firm such as The Law Place. We offer a free consultation so that you can get the information you need before moving forward.
How Can a Car Accident in Sarasota, FL Cause Herniated Discs?
When you are young and healthy, the gel inside the discs is soft, supple, and filled with water. This makes them great at absorbing impact. However, as you age, they begin to deteriorate. They dry out, and the normal wear and tear of life can also lead to bone spurs forming around the vertebrae.
Spinal degeneration makes it more susceptible to injury. In a car crash, the trauma from the impact causes the back and neck to whip back and forth, resulting in whiplash. Whiplash can cause an aged disc to tear or herniate.
How Do Defense Doctors Cast Doubt on Whether the Car Accident Caused Herniated Discs?
Defense doctors who are often hired by insurance companies in Sarasota, FL, could argue that spinal degeneration alone is the cause of a herniated disc. MRI’s are very good at showing degeneration, which makes it an easy excuse. However, it is almost impossible to see in an MRI when a disc herniation occurred.
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How Can Your Injury Attorney Prove That the Car Accident Caused Your Injury?
With the number of defense doctors testifying that car accidents do not lead to disc herniations, it would be difficult for an inexperienced Sarasota personal injury attorney to win your case. However, we have found that with the right evidence and testimony, including past medical history, damage to the vehicles involved, and testimony from families, as well as an honest approach, juries see through the deception.
To prove your case, your injury lawyers will need to prove that:
- You were owed a duty of care – Duty of care means that someone had a duty to you to take care. If your injury was a result of a car crash, then this is easy to prove. All motorists have a duty of care to other motorists and pedestrians.
- The duty of care was breached – Secondly, you need to prove that the duty of care was breached; in other words, they did not act as a reasonable person would have. This could be proven in the example of a car crash if someone broke the rules of the road.
- That breach caused your injuries – Next, you need to prove that their actions caused your injury; this can be difficult to prove in disc herniation injury cases. However, with a strong law firm by your side, you stand a good fighting chance.
- Your injuries resulted in damages – Finally, you need to prove that your damages were a result of your injuries. For some damages such as medical bills, this is easy. However, a good lawyer will also be able to fight for your right to compensation for your emotional anguish and pain and suffering.
From the initial call to updates on your case status, we are here to get you answers.
Pre-Existing Neck and Back Injuries
If you have any pre-existing injuries, then your case becomes more complex and difficult to prove. To prove this type of case, you need a law firm on your side with experience dealing with similar situations. At The Law Place, we have dealt with countless cases just like yours.
We look to prove that you were owed a duty of care and that that duty was breached by someone’s negligence. Most juries will understand that while your pre-existing conditions may have contributed to your injuries, but they were made substantially worse by the car accident.
We will look to prove that a proportion of your condition was caused by the accident when that determination is made, you should be awarded for the damages to the degree that the accident caused your injuries. To do this, you will need to evidence how your pain has increased since the accident. You can do this with a daily journal, medical records, and testimonies.
How Much Is a Herniated Disc Injury Case Worth in Sarasota?
It is impossible to say what your individual injury case could be worth because every case is unique. In your free consultation, one of our Sarasota personal injury lawyers will be able to make a quick assessment of your case and tell you what it could be worth. However, some of the damages you will be fighting for are:
- Pain and suffering.
- Costs for needed help around the house.
- Lost earning capacity.
- Emergency medical bills.
- Expenditures for personal assistance devices such as a wheelchair or handrail.
- Follow-up care.
- Transport to and from appointments.
- Mental anguish.
- Medical bills for long-term care, such as nursing or rehabilitative care.
- Lost work.
The Law Place
If you have suffered a disc herniation injury in Sarasota, you need a law firm behind you that is dedicated to getting you the compensation you deserve. If your injury was a result of a car accident, you should be cautious about going up against large insurance companies alone who will have experienced lawyers and defense doctors on their side, ready to fight.
By leveling the playing field, you increase your chance of success. In fact, studies show that having a personal injury lawyer by your side not only increases your chance of obtaining compensation, but you are also likely to revive a higher amount in a settlement in most cases.
If you are still unsure, then don’t worry, it’s understandable. That is why we offer a free consultation so that you can have any worries you have put to rest before moving forward. Contact The Law Place on (941) 444-4444 today and see if you could be entitled to compensation.