In Georgia, every personal injury claim involving a herniated disc from a car accident is unique. The specific details of the case determine the settlement’s value. So, there is no “average” settlement.
Determining the value of a herniated disc settlement requires understanding the factors that impact compensation, the evidence needed to prove your claim, and the types of compensation available to you. An experienced car accident lawyer can explain your options and the best approach to pursuing the money you deserve.
What Is a Herniated Disc?
A herniated disc, also known as a slipped or ruptured disc, is an injury that occurs when the soft center of a spinal disc pushes through a tear in the tough exterior. The disc can press on surrounding nerves and cause numbness, weakness, and significant pain, most often in the back, neck, and limbs.
Symptoms of a herniated disc include:
- Numbness or tingling in arms or legs
- Difficulty standing, walking, or sitting
- Sharp or radiating neck or back pain
- Muscle weakness.
The symptoms and compensation you may be entitled to receive in a car accident depend on the severity of the injury. The more severe the injury is, the more debilitating the symptoms and the more significant the compensation.
How Can a Car Accident Cause a Herniated Disc?
Car accidents are a leading cause of herniated discs. The sudden impact of an auto collision can jolt the victim’s spine back and forth, placing immense pressure on the vertebrae and discs. The force can often be enough to herniate a disc.
The symptoms of the injury may not show until hours or even days later. That’s why seeking immediate medical attention is essential, particularly if you plan to pursue a car accident claim.
Are Herniated Disc Injuries Treatable?
Yes, herniated discs are treatable, but recovery can vary widely. While some heal within weeks, others take far longer and can potentially have permanent effects.
Some common non-surgical medical treatments for herniated discs include:
- Physical therapy
- Chiropractic care
- Rest and activity modification
- Pain management (e.g., steroids or NSAIDs).
If non-surgical options fail or nerve compression is severe, surgery may be necessary. Surgery is often a significant factor in determining the settlement value in a personal injury claim, as the longer recovery time and greater severity of the injury usually warrant more compensation.
How Can You Prove a Georgia Car Accident Caused a Herniated Disc Injury?
The success of your car accident claim depends on the evidence you provide. To prove your herniated disc injury was a result of the accident, your car accident attorney will need:
- Medical records – Physician notes, diagnostic imaging like MRIs and CT scans, treatment records, and medication prescriptions can connect your injury to the accident and show its extent and impact.
- A consistent timeline – Insurance companies will look at when you sought medical treatment to determine whether your injury and the accident are related. So, whether you seek immediate (or at least timely) medical care will be critical when pursuing a personal injury claim.
- No significant prior injury history – Another common tactic for weakening or denying personal injury claims is to look at the victim’s previous medical history and claim the injury already existed. Your car accident lawyer will have to show this isn’t the case, or at the very least, that the accident worsened a prior injury.
What Factors Can Influence the Amount of a Herniated Disc Settlement?
While every case is unique, certain factors influence the final value of most herniated disc settlements. Those factors include the following:
- Strength of evidence – Your case might appear as open-and-shut as they come. Still, if there isn’t substantial evidence to support your claim, it will affect the settlement. Compelling documentation and medical evidence connect your injury to the accident, show the impact on your life, and leave the defendant with little room to counter your claim.
- Severity of the injury – The more devastating your injury has been to your finances, physical and mental health, emotional well-being, and everyday life, the higher the settlement will be. For instance, if you suffer a severe injury that results in permanent disability, your compensation will likely be higher than that of a person with a temporary injury. The amount will be higher because you may need extensive medical treatment and have higher medical bills to treat your injury.
- Comparative fault – You may still seek compensation for your injuries if you are less than 50 percent at fault for the car accident. However, the law reduces your compensation in proportion to your percentage of fault. For instance, if your settlement was $100,000, and you were 25 percent at fault, the amount decreases by 25 percent to $75,000.
- Timing – Under Georgia law, you have two years from the date of the car accident injury to file a personal injury lawsuit. Failing to file before the deadline can result in the court dismissing your case.
What Sort of Compensation Might Be Payable for a Herniated Disc Injury?
Your car accident lawyer can seek compensation, or “damages,” that may include the following:
- Medical expenses – Emergency room visits, diagnostic imaging, physical therapy, prescription medications, surgeries, follow-up appointments, rehabilitation, and future medical treatment related to your injuries.
- Lost wages – Any loss of income related to the car accident, including hourly wages or salary, commissions or tips, missed raises or promotions, sick days and vacation time, medical benefits, and future loss of income.
- Pain and suffering – Compensation for physical and mental pain and suffering caused by the car accident and your injuries.
- Emotional distress – Compensation that reflects the psychological trauma caused by the car accident and your injuries, including acute stress reactions, depression, anxiety, and PTSD symptoms.
Could a Pre-Existing Condition Affect My Settlement?
A pre-existing condition could affect your compensation in a herniated disc injury car accident settlement. Georgia follows the “eggshell plaintiff” doctrine. Under this rule, a defendant does not avoid liability just because the victim in a personal injury claim was more vulnerable to injury due to a pre-existing condition. You can still seek compensation if the car accident worsened an existing injury.
Contact a Georgia Car Accident Lawyer
If you’ve suffered a herniated disc in a car accident caused by someone else’s negligence or wrongdoing, you need an experienced car accident lawyer to protect your rights. Our Sherrod & Bernard, P.C., team has over 85 years of combined legal experience. While there may be no “average” settlement, you can count on us to use our knowledge, skills, and resources to seek the maximum compensation for you. As one former client writes:
“I was hurt in a car wreck in Douglasville. I contacted Ken and he was a tremendous help. My medical bills and health insurance liens were reduced by Ken’s hard work and I received a fair check as a result. I recommend Ken and his legal services if you need a lawyer for an accident.”
– William Jacobs (Douglasville, Ga.)
When you are ready to take legal action after a car accident in Georgia, contact us today. We can review the specific facts of your case in a free consultation.
