Who Is Responsible for a Herniated Disc?

Who is responsible for a herniated disc will depend on how the condition occurred. If the injury resulted from a workplace accident or safety hazard in a place of business, the employer may be responsible. However, if you sustained an injury in a car accident that caused a herniated disc and the other driver is at fault, that driver is responsible.

If you have a herniated disc caused by someone else’s negligence, you must speak with a lawyer to file a personal injury claim, so you can receive compensation for your injuries.


What Is a Herniated Disc?

A herniated disc—also referred to as a ruptured disc or a slipped disc—can cause significant neurological pain along with numbness and weakness in the extremities. Some sufferers experience difficulty walking and a decreased range of motion. Depending on the severity of the herniated disc, paralysis can result.

Herniated discs are caused by heavy lifting, sudden injuries, or falls. The condition can also be caused by injuries sustained in car accidents.

If you recognize any symptoms of the condition, visit a specialized physician as soon as possible. An early diagnosis and treatment can help with your recovery.


Taking Legal Action Against the Person Responsible for the Herniated Disc

The first step to receiving compensation is for you to consult with a personal injury lawyer. Experienced Fort Myers herniated disc lawyers can assist you with gathering evidence on how the accident has impacted your life and the expenses you have incurred because of the injury.

Often, insurance companies will engage in tactics to deny or undervalue your claim. However, lawyers are familiar with the tactics insurance companies use, so they will be able to increase your odds of winning your claim and receiving the compensation you deserve. It is advised to let your attorney take over all communication with the insurance company.

Winning a Settlement Despite a Pre-Existing Injury or Health Condition

If you have a past injury or an ongoing degenerative health condition, insurance companies will try to use these factors against you to prevent you from winning your claim. Some examples of previous injuries or pre-existing health conditions are:

  • Osteoarthritis
  • Traumatic brain injury
  • Back pain
  • Neck pain
  • Pulled muscles

The argument insurance adjusters will use is that the pain and suffering you are experiencing is from your past injury or health condition. However, personal injury lawyers are aware of such tactics. Attorneys know how to fight against these strategies and how to win favorable settlements for their clients.

If you have a past injury or health condition, your lawyer will collaborate with you to establish that the pain and suffering you are now experiencing is from present trauma rather than a pre-existing injury or health condition. If your injury or condition is work-related, your lawyer will use the OSHA requirements as a guideline to build a strong case.

What Kind of Compensation You Can Expect for a Herniated Disc Case

When you win your settlement, the type of compensation you can expect to receive depends on your circumstances. If your injury has impacted you severely enough to need back surgery and you miss several months of work, your settlement will be much higher than if you can alleviate your pain through physical therapy and pain management.

Consult a Personal Injury Attorney

You must talk with a personal injury lawyer today to get the compensation you deserve. An attorney will advocate for you and ensure you are treated fairly. When working with a lawyer, it is a guarantee that you will get the most from your personal injury claim.

If you think you cannot afford to work with a personal injury lawyer, put those worries aside because personal injury lawyers tend to work on a contingency basis. The lawyer is compensated when you win by receiving a portion of your settlement. Therefore, it is a win-win situation for both of you.

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