When you think about the most common types of bodily harm victims sustain in motor vehicle crashes, back injuries may not rank high on the list. However, a National Institutes of Health study on the frequency of back trauma in auto collisions proves otherwise. A common injury site is the spine, and leading injuries include bulging and/or herniated discs. Though there are many other causes of these conditions, an injured disc is frequently the result of someone else’s careless conduct. If you suffered a herniated disc from a car accident or other incident that wasn’t your fault, solid legal representation is essential for recovering compensation for your losses.
Herniated or bulging discs are a serious concern for victims because they’re very difficult to treat effectively with medication, bed rest, massage, or other remedies. This type of injury can be debilitating and affect many aspects of your life. You can count on the New York City spinal cord injury lawyers at Hecht, Kleeger & Damashek, P.C. to pursue the responsible parties for your considerable losses.
There are 33 vertebrae of the spine that are separated by spongy, gel-filled pockets called discs, which cushion the bones and act as shock absorbers. In a normal, healthy spine, these discs remain confined within the vertebrae. However, in the event of violent trauma, the disc material may bulge or herniate outwards and come into contact with surrounding nerve tissue. Not only is the condition painful, but it can also lead to loss of motion. A bulging or herniated disc in the neck may prevent you from turning your head, and this injury in the lower back may cause shooting pain down one or both of your legs.
Though many people use the terms interchangeably, herniated and bulging discs are very different injuries. Researchers at the Mayo Clinic explain the difference, describing discs as similar to jelly donuts. With a bulging disc, there’s significant pressure on the spine, but the “jelly” stays inside the donut. When you suffer a herniated disc, the gel-like material protrudes out of the disc, which is why the condition is also called a slipped or ruptured disc.
The effects of this type of injury depend upon the vertebrae that are affected. For a herniated disc in the lower back, you could be unable to sit for long periods of time or do any heavy lifting. A herniated disc in your neck may lead to a severe loss of motion and shooting pain down one or both of your arms.
It’s common to suffer a bulging or herniated disc in a car accident, but there are many other causes for such injuries, including:
You may be entitled to herniated or bulging disc compensation if you’re injured due to one of the above-mentioned causes. Your NYC personal injury attorney can explain your rights and options in more detail, but these claims usually fall under the legal concept of negligence. The key is proving that the responsible party failed to exercise reasonable care when acting, and this misconduct directly caused your injuries.
In most cases, you pursue the negligent person or entity through a claim with their insurance company. Drivers, businesses, and property owners carry liability insurance to protect against such losses. You begin the process by filing a claim with the insurer and requesting a payout for a herniated or bulging disc. It’s possible to seek compensation for such losses as:
Note that there’s a caveat in workers’ compensation claims. Though you don’t have to prove the elements of negligence, you’re not entitled to damages for pain and suffering.
You may find that the insurer is unwilling to pay a bulging or herniated disc settlement amount that’s sufficient to cover your losses. Having a lawyer on your side during negotiations increases the likelihood that you’ll be successful and satisfied with the results.
The next step may be filing a lawsuit in court if you can’t agree upon a fair, reasonable herniated or bulging disc settlement. Litigation is complex, so retaining an attorney to represent you in court is crucial for protecting your rights.
If you suffered a herniated disc from a car accident or other incident, reach out to Hecht, Kleeger & Damashek, P.C. to set up a free case evaluation. Our attorneys have decades of combined experience fighting for injured victims in New York City and the surrounding areas, and they have recovered hundreds of millions in compensation for injury victims like you. We’re happy to explain your rights and legal remedies after reviewing the details of your case.
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