A herniated disc is a type of injury typically caused by car accidents. The impact of the crash can exert pressure on the body including the spine. Too much pressure on the spine can tear and rupture your spinal discs – the cushions or pads of your spine. If you or someone you know suffers from a herniated disc because of a car crash, and you believe there is a liable or negligent party, then hire an attorney to help you handle the case. The following sections will give you more information about handling herniated disc injury settlements.
Treatment Options
The type of treatment you receive for a herniated disc can affect how much compensation you should ask for. Some treatments include:
- Conservative treatment – the first level of treatment which usually means taking anti-inflammatory medications along with a regime of physical therapy or chiropractic treatment.
- Steroid injections – if the first level of traditional treatment doesn’t succeed then steroid injections are often the next best option. The steroids are injected into the spine to reduce swelling and to take pressure off the nerves due to disc herniation.
- Surgery -if the first two options don’t succeed then an operation is typically next. Surgery options range from minimally invasive procedures to open back surgery.
Compensatory Damages
An injury settlement awarded to you will help compensate for the losses that you suffered and for the problems you will face in the future. Compensation will, at least in some way, help you or someone you know get back on track. Before a settlement amount can be determined for a bulging or herniated disc, a dollar figure must be worked up based on the consequences of the accident. The effects could include physical limitations, pain and suffering, lost wages and medical bills for treatment including steroid injections.
If you want to ensure that you get the right compensation for your injuries, you must establish that the disc herniation affected your quality of life and will potentially impact it in the future. You can include the following factors in your claim:
- Medical treatment details including costs – you can make a claim for reimbursement of medical treatment and compensation for future medical expenses.
- Income – if the injury affects your ability to work or the income you receive for work that you cannot do anymore, or if the injury prevents you from working in the future, then you may receive compensatory damages for “loss of earning capacity.”
- Pain and suffering – injuries cause pain and discomfort and you can ask for compensation for these hardships.
- Emotional distress – if the damage is grave then it may affect you psychologically as your quality of life declines with the limitations posed by the injury.
Personal injuries can also be settled out of court. Usually, attorneys and insurance companies can negotiate a settlement amount. You also have the option to resolve the case through arbitration or mediation. These are considered “middle ground.” If you need help in settling your case with enough compensation to get you through the expenses and future medical costs, hire an attorney today. He or she can assist you in submitting the right paperwork, strengthening your case, and receiving the compensation you deserve.
