Suppose you are involved in an automobile crash that leaves you feeling stiff, in pain, and with other symptoms over the next week. You dismiss it as muscle pain from the force of the impact, yet you start noticing numbness and other concerns. You see your doctor a week later and discover you have a herniated disc.
Can you get a herniated disc from a car accident? It is possible, and if you suffer from this condition, you may be eligible to seek compensation through an insurance claim or personal injury lawsuit. Here, a car accident lawyer from Chubb Law explains what you need to know.
What Is a Herniated Disc?
According to the Cleveland Clinic, a herniated disc injury occurs when there is damage to one of the discs found between the bones of your spine (vertebrae). These discs provide cushioning and flexibility for your vertebrae. If they slip out of position, become compressed, or tear, you can experience pain and mobility issues.
A herniated disc after a car accident can involve any of the three spinal sections, which are the cervical spine (neck), the lumbar spine (lower back), and the thoracic spine (mid-back). Other names for this condition include a slipped disc, bulging disc, ruptured disc, or slipped disc. A herniated disc from a car accident or any other cause requires immediate care and possibly surgical intervention.
Can a Car Accident Cause a Herniated Disc?
Auto accidents can be one of many causes for a bulging or herniated disc. While the Accident and Prevention Analysis Journal from Science Direct notes that disc injuries are rare in collisions, it states that they can occur from extreme spinal flexion during the crash. It’s also possible for the impact from a car accident to make existing injuries much worse.
Whether a crash involves other vehicles or stationary objects, Newton’s laws of motion describe how the physical effects of inertia, force, and action cause sudden deceleration in the human body. An object in motion (your vehicle) that comes into contact with another object will slow down dramatically, causing harmful movement for your neck and spine.
Whiplash and other conditions that cause damage to the muscles, tendons, and other tissues surrounding the neck and spine can result. The injury can be so severe that it causes extreme stress on your vertebral discs, potentially leading to a slipped, herniated, or bulging disc after a car accident.
How Do I Know if I Have a Herniated Disc From a Car Accident?
While a car accident can cause a bulging disc, you may be unsure whether you have suffered one from a recent crash. Here are the most common symptoms to look for:
- ● Tingling
- ● Numbness in your neck, shoulders, or back
- ● Persistent pain around one or more parts of your spine
- ● Pain that increases as time passes or gets worse when you move
- ● Muscle weakness
Your car accident doesn’t have to be severe for you to experience damage to a disc. If you have been in any type of crash, you should seek medical care right away to determine the extent of your injuries.
Steps You Should Take After a Crash if You Suspect a Herniated Disc or Other Damage
Once the wreck is over, you should call 911 to get help from law enforcement and paramedics. Even if you think you’re OK, you should allow the medical professionals to evaluate your condition, since there are many injuries that aren’t always obvious right away. If they send you home, you should see your own doctor within 24-72 hours for a full examination.
Getting care immediately reduces the chance you’ll develop more problems that could slow your recovery or cause permanent damage. A slipped disc from a car accident may be minor at first, but can quickly lead to significant pain and loss of function. Developing lumbar disc disease can affect your ability to earn a living, care for yourself, or maintain your health.
Seeing a doctor can establish a link between the accident and your injury, which is vital for filing a claim against your Personal Injury Protection (PIP) insurance policy in Florida. If your injuries meet certain legal criteria, you may also have the right to file a personal injury lawsuit against the other driver.
How Your Doctor May Diagnose and Treat a Herniated Disc
Whether you visit your doctor’s office or go to a hospital, the first step in treating a herniated disc is to accurately diagnose it. Healthcare providers rely on many kinds of tests and scans, including:
- ● X-ray imaging: This is likely the first thing your doctor will do, since they can clearly see the discs, vertebrae, and other tissues.
- ● Magnetic Resonance Imaging (MRI): If the X-ray indicates damage, your physician may also request an MRI for further detail.
- ● Myelogram: By injecting dye into the spinal canal, your doctor can conduct a myelogram while taking an X-ray to show whether a disc is leaking fluid.
- ● Computed Tomography (CT): Combining X-rays and computer software, a CT scan shows high-resolution images of the muscles, bones, discs, and other tissues.
- ● Electromyography (EMG): If you are experiencing muscle weakness or numbness, your doctor may perform an EMG to assess possible nerve damage associated with your injuries.
Once they have a clear diagnosis, your medical team will understand how to proceed. They may recommend surgery to correct the problem or begin with more conservative treatments. These could include bed rest, physical therapy, back support devices, and muscle relaxers for pain. Be sure to follow your doctor’s orders and keep copies of all medical records to include with your insurance claim.
Potential Compensation You Could Claim for a Herniated Disc After a Car Accident
If your injuries are not serious, you may only need a few weeks of bed rest and medication to recover from a bulging or herniated disc. For more severe situations, you could require surgery, months of physical therapy, and mobility devices. You could even be permanently impaired if additional injuries make it harder to recover fully.
After car accidents, Florida drivers must first file a claim with their PIP insurance, and the state requires a minimum of $10,000 in coverage. However, PIP only pays a portion of your medical costs and lost wages, meaning you could be left with a lot of unpaid expenses. You could have the option of filing a personal injury lawsuit if you meet the legal threshold for significant injuries under Florida law.
If you experience a significant and permanent loss of bodily function, scarring or disfigurement, or an injury with a reasonable probability of being permanent, you have the right to begin legal action against the at-fault driver. If your case is successful, you could claim both economic and non-economic damages. These are known as compensatory damages, meant to “make you whole” after a crash.
Economic Damages
Economic losses have a specific cost associated with them. If you have a herniated disc after a car accident, your car accident attorney may recommend seeking payment for the following items:
- ● X-rays, CT scans, and other imaging tests
- ● Prescription and over-the-counter medications
- ● Physical therapy and rehabilitation costs
- ● Travel expenses for appointments
- ● Lost income, bonuses, and retirement savings
- ● Medical therapy and mobility devices
- ● In-home or facility-based nursing care
- ● Surgical and hospital costs
Non-Economic Damages
Insurance policies such as PIP typically only pay part of your economic losses after a crash. However, you may be able to recover full compensation through a personal injury lawsuit as well as payment for your non-economic damages. These address your pain and suffering, including:
- ● Chronic pain
- ● Diminished quality of life
- ● Anxiety and depression
- ● PTSD
- ● Loss of personal or professional reputation
- ● Permanent disability
You Must Show Negligence if You File a Lawsuit
If your attorney recommends filing a personal injury lawsuit, you will need to demonstrate how the other driver was at fault for your injuries. In a PIP claim, you don’t have to show proof of negligence since Florida is a no-fault state. For a lawsuit, the court will require that you establish these four elements:
- ● The other party owed you a duty of care: Your attorney can show how all drivers must drive safely and use reasonable caution to avoid causing harm to others.
- ● The other motorist breached their duty: Through police reports and other evidence, you must show how the other driver failed to uphold their duty. Perhaps this involved driving recklessly, driving drunk, or while distracted.
- ● The other driver’s actions directly led to your injuries: You will need to demonstrate a causal relationship between the other driver’s negligence and your injuries.
- ● You have damages: You can show proof of your medical and other expenses associated with your injuries that require compensation.
Even if you present a powerful case against the defendant, you can expect their lawyer to claim you were partly to blame. Under Florida’s comparative negligence law, you cannot seek damages if you were 50% or more at fault, so the other side may try to reduce what they owe through this statute. A skilled attorney on your side will strive to push back and show how the defendant is more responsible and liable for your losses.
Strong Evidence Is Crucial to a Successful Claim
Earlier, we discussed the importance of going to the doctor soon after your accident for a full diagnosis. Along with protecting your health, the records from these visits can form the basis of a robust claim or personal injury lawsuit. The more high-quality evidence you present, the greater your chance of reaching a fair settlement.
Common types of evidence we use include:
- ● All medical records: This can include your initial scans and reports, but also receipts and documentation of any follow-up treatments, medications, or other services associated with your herniated disc.
- ● Photos of your injuries and property damage: Take photos at the scene and later on to show what happened to you and your vehicle. In a personal injury lawsuit or property damage liability claim, you can seek compensation for damage to your automobile.
- ● Witness statements: Ask witnesses for their contact details so your car accident attorney can interview them later.
- ● Videos: Your attorney may be able to access traffic and security footage showing what happened. You can also ask witnesses if they have dashcam footage they can share with you.
- ● Police crash reports: You can request accident reports from authorities such as the Seminole County Sheriff’s Office. If the other driver is cited for a moving violation, it can support your claim that they failed in their duty of care to you and others.
- ● Work records and pay stubs: By showing the cost of your lost income and earning capacity, you can establish the full amount the at-fault driver is liable for by causing you harm.
- ● Pain journal: Begin by writing down what happened soon after the crash, and continue recording details about your pain level, recovery, and other experiences as a basis for your non-economic damage claim.
The Florida spinal cord injury lawyers at Chubb Law can collaborate with medical and other experts to fully explain the impact of a herniated disc and associated injuries on your life. Speaking with these specialists can also help your attorney calculate your projected medical costs. With a broad range of evidence, you can often negotiate a higher settlement that meets your needs.
Chubb Law Will Protect Your Right to Compensation
Car accident injuries, such as a herniated disc, can dramatically affect your life. Instead of taking a chance on managing your claim on your own, put your trust in a car accident lawyer from Chubb Law. We proudly serve Seminole County and Lake Mary residents with all types of personal injury claims, and we are ready to help you.
We believe in making you feel respected and valued as a client, and we treat you with honesty and integrity. We also offer a contingency fee structure, where you don’t pay us anything until we secure a settlement for you. Arrange a free consultation by contacting us online today for top-tier legal representation and advice.
