Car accidents can cause some of the most impactful and devastating injuries. Disc injuries can be excruciatingly painful, difficult to recuperate from, and permanently impact your life. If someone’s reckless or negligent behavior causes your car accident and disc injuries, you may have the right to compensation for your damages.
A Chicago car accident lawyer at Staver Accident Injury Lawyers, P.C. can help you bring justice and maximize your claim. Contact our team at (312) 236-2900 for a 100% free consultation today. Learn more about the value of your claim and who could be sued.
What Are Disc Injuries?
Disc injuries are common after a car accident. They occur when the vertebrae in your back become broken or fractured. There are several types of disc injuries, like herniated or bulging discs.
Herniated discs occur when the gelatinous material of the desk is torn and spills out. Bulging disc injuries occur when the outer part of the disc becomes stretched and protrudes out of the margins of the vertebrae.
Patients may experience extreme pain radiating from the affected nerve, known as radiculopathy. A disc injury can have various symptoms, like:
- Pain in the lumbar spine or lower back
- Discomfort in the legs
- Pain while sitting
- Sciatica pain
- Inflammation and irritation
- Numbness and tingling in the legs, feet, or thighs
- Weakness of the limbs
How do I Know the Car Accident Caused the Disc Injury?
Diagnosing disc injuries after a car accident is essential. These medical records will be valuable in proving that your car accident is responsible for causing your disc injuries. This is particularly true if you do not develop pain or other symptoms until the days, weeks, or months after the accident.
You can expect your healthcare provider to order a magnetic resonance imaging scan (MRI), which can display disc herniations and bulging immediately after a car wreck. Your healthcare providers will also determine whether any annular tears are present, which could indicate disc or back injuries. Some of the other areas your healthcare providers will examine include:
- Whether you have disc dehydration
- Whether you show signs of disc degeneration
- Whether there are osteophytes surrounding disc herniation
How Do You Treat Herniated Discs after a Car Accident?
Treatment options for herniated or bulging disc injuries vary case-by-case. Your medical history, the severity of your injuries, and other factors will determine how your healthcare provider makes their prognosis and treatment plan. Some of the most popular treatment options for disc injuries after a car accident include:
- Epidural steroid injections
- Chiropractic treatment
- Bedrest
- Trigger point steroid injections
- Occupational therapy
- Physical therapy
- Microendoscopic discectomy
- Fusion surgery
- Disc replacement surgery
These are just a few potential treatment options that may be available. Work with your healthcare provider to determine which treatment options are most likely to be effective. Follow their directions so you can regain as much functionality as possible. These medical records will then be used to determine how much compensation you should seek in your car accident insurance and civil claims.
Can I Collect Damages for a Disc Herniated in a Car Accident?
You have the right to collect damages for a disc herniated in a car accident if someone else is responsible for causing your injuries. Your attorney will need to gather compelling evidence that proves another party’s negligence or misconduct was the cause of your car accident.
When negligence plays a part in your injuries, you have the right to be made whole. This means you are entitled to reimbursement for not only economic losses but non-economic losses as well. Some examples of those types of damages include:
- Healthcare expenses
- Future medical bills
- Costs of medical devices or equipment
- Chronic physical pain
- Vehicle repair and replacement fees
- Loss of income and earning potential
- Mental anguish and suffering
- Disfigurement and skin scarring
- Loss of enjoyment of life
- Loss of consortium
How do I File a Claim for Disc Injuries?
Filing a claim for disc injuries can be intimidating while you are still healing. Thankfully, your attorney can help you get the legal guidance and support you need when you need it most. Every person’s case differs, but the claims process is generally the same. Some parties may be able to settle outside of court with the insurance company. Others may need to go to trial.
With that in mind, here is a general idea of how to file a claim for disc injuries after a car accident:
- Get a medical evaluation and diagnosis
- Obtain treatment for your disc injuries
- Follow your healthcare provider’s treatment plan
- Contact a disc injury attorney for help
- Review your damages and calculate your claims value
- File an insurance claim with the liable party’s auto insurer
- Negotiate with the insurance company for a reasonable settlement
- Pursue your case at trial if necessary
How do I Prove My Disc Injuries Happened in a Car Crash?
To prove your disc injuries happened in a car accident, your attorney must introduce evidence that proves correlation and causation. You can expect the defense to argue that the injuries did not happen in the crash.
They might argue you had some pre-existing conditions, which may devalue your claim. However, your lawyer should be ready to refute their claims with compelling evidence, including:
- Eyewitness statements
- Physician’s opinions and documents
- Copies of police reports
- Medical expenses
- Your prognosis and treatment plan
- Medical expert testimony
- Reports from accident reconstructionists
- Personal journal entries
What Can Affect My Disc Injury Settlement?
Multiple factors could affect your disc injury settlement after a car accident. Your personal injury attorney will carefully review specific details to determine how much your claim is worth and how much compensation you should recover through the insurance company or at trial. Some of these factors include:
- Your prognosis
- Your medical history
- Your age
- The type of disc injury you suffered
- Your disc injury treatments
- Whether the liable party has insurance
- How much insurance coverage is available
- Whether you suffered emotional distress, pain, and suffering, or other non-economic losses
It is important to note that sharing liability for the accident could have an impact on the outcome of your case. Illinois follows modified comparative negligence laws with a 50% threshold. Victims can share as much as 49% of the liability for the accident and still recover compensation at a reduced rate. If a victim shares more than 50% liability for a crash, they cannot recover compensation.
For example, if you failed to wear your seatbelt, the judge might find you 10% liable for the injuries you suffered. If the jury awarded you $300,000 for your damages, your settlement would reflect a 10% reduction, leaving you with a final settlement of $270,000.
With help from your disc injury attorney, you can ensure fault has been accurately determined in your case. You can hold the liable party and their insurer accountable with an accurate finding of who is responsible.
How Does a Personal Injury Attorney Help My Disc Injury Case?
Suffering a disc injury is complicated. You should not have to go through the claims process on your own. When you have a legal advocate fighting for your rights, you can focus on healing while we handle the legalities of your case from start to finish. While you focus on recovering and start to rebuild your life, our team will be working diligently to:
- Investigate the cause of your accident
- Find witnesses to support your case
- Identify the culpable parties
- Calculate your damages
- Prepare and file insurance documents
- Negotiate with insurance adjusters
- Bring your disc injury claim to trial if necessary
Call a Chicago Disc Injury Lawyer Now
The car accident claims process can be particularly complex when you suffer debilitating disc injuries. Our team at Staver Accident Injury Lawyers, P.C. understand how traumatic your experience has been. They are here to help you reduce the impact your injuries will have on your future.
We understand how the law works and know what needs to be done to recover maximum compensation for your damages. Reach out to a respected Chicago disc injury lawyer at our firm for a free consultation and learn more about what your next steps should be. You can use our quick contact form or call us at (312) 236-2900 to get started on your claim as soon as today.
