Sometimes it seems like our bodies can’t keep up with life. Things start degrading like the discs in our spines. However, aging and daily wear and tear aren’t the only things that can cause spinal discs to bulge or break. Accidents, especially car collisions, can cause a herniated disc.
So, does this mean you can recover compensation for your less-than-perfect spinal disc? The answer may be yes, but you may run into some key challenges in proving a herniated disc injury claim. Even though you may hit a few hiccups, you can take steps to make it easier to recover compensation for your herniated disc injury.
What Causes a Herniated Disc?
A herniated disc often occurs over time. Normal daily motions like bending over and lifting objects can cause wear and tear resulting in disc degeneration. Age is another common cause. Your discs naturally degrade over time.
Did you know vehicle accidents can also result in one or more herniated discs? The force of the collision can cause the vertebrae in your spine to compress., placing pressure on the nerves in your spinal cord. You may feel pain, numbness, or weakness in your arms and legs. Where the sensations appear typically depends on the location of the affected disc.
Vehicle collisions aren’t the only type of accident that can cause this painful problem. Just about any accident that places force on your spin, like a slip-and-fall, can result in a herniated disc injury.
Key Tips on Proving a Herniated Disc Injury Claim
If your herniated disc is caused by someone’s negligence accident, there’s a good chance you can file a personal injury claim. However, you can’t simply include a herniated disc in your list of damages. You must prove negligence and sometimes this can be challenging.
Showing negligence means proving the at-fault individual either knowingly or unknowingly acted in a way that placed others at risk. You must show a relationship between you and the at-fault party. Sometimes it’s a breeze but it’s not always the case. However, once you get past showing negligence, the other steps for proving a herniated disc injury claim usually get a little easier.
Be Diagnosed By a Medical Professional
Some herniated discs rarely cause any pain. The individual may only notice some occasional pain or discomfort in their back, neck, arms, or legs. Others with a herniated disc are in almost constant pain. Regardless of your level of discomfort, you want to be examined by a licensed medical professional.
A healthcare provider can accurately diagnose your condition and this is something you need to support your injury claim. However, your physician may not be able to pinpoint the precise cause of your herniated disc. Don’t worry, this shouldn’t affect your ability to include it in your injury claim.
Even though it’s not always easy to tell the exact cause of a herniated disc, tools like imaging and X-rays can help healthcare providers determine approximately when the injury occurred. This way you can show the accident is the cause of your back injury.
Don’t Wait to Start Your Medical Treatment
Yep, medical treatment for a herniated disc can be and usually is expensive. However, you also don’t want to delay treatment while you’re waiting to settle your accident claim. The claim process can last for weeks or even months. You may be looking at years if your claim turns into a personal injury lawsuit.
Waiting to treat a herniated disc can make your symptoms worse and complicate your recovery process. Instead of only needing to go through rehabilitation exercises, you may be facing surgery.
You may not need to rely on your health insurance or bank account to cover your treatment for a herniated disc. A medical lien may be an option. If you’re not sure what a medical lien is, it’s a legal agreement between a patient and a healthcare provider. The lien allows you to receive medical care with the understanding of payment being deducted from your settlement amount.
So, if your treatment costs are $20,000 and your settlement is $80,000. The healthcare provider automatically receives their $20,000 and you get a check for $60,000. This is something to consider if your accident results in a herniated disc. Medical liens are also coming under scrutiny. While your injury claim settlement typically covers the lien, you can still be taking a huge risk.
A lien gives your healthcare provider the right to claim a portion of your assets to settle your medical bills. So, if your herniated disc injury settlement falls through, your healthcare provider may be suing you for their share of your assets.
Calculate Your Damages Both Economic and Non-Economic Losses
A large part of your claim process is calculating the value of your damages. Your damages for a herniated disc will usually include all medical costs. This includes everything from the initial appointment through your testing and treatment.
Even if you’re using a medical lien to temporarily cover expenses, it’s still a good idea to save all of your paperwork. This includes anything relating to your diagnoses and treatment, along with any prescriptions.
If you’ve started covering your medical costs, save these receipts. You can include your out-of-pocket expenses in your injury claim. You may also want to think about your non-economic damages. Your herniated disc may be causing pain and suffering. Your attorney can help you determine the value of your non-economic damages.
Your non-economic losses are things like your pain and suffering. Since herniated discs generally make themselves known, you don’t want to leave off any non-economic losses. Your personal injury attorney can use either the multiplier or per diem method.
Insurance companies aren’t going to complain about which formula you decide to go with. With that being said, it’s not a bad idea to use both formulas. This way, you’re ready with a counteroffer if the insurance adjuster says no to the first one.
Work With an Experienced Herniated Disc Injury Attorney
Even though your injury attorney can’t help diagnose a herniated disc, they can work to ensure you can receive compensation for your injury. Consult with an accident attorney about your back injury and learn more about your legal rights.
Image by Fatih Ustaosmanoglu from Pexels
The editorial staff of Medical News Bulletin had no role in the preparation of this post. The views and opinions expressed in this post are those of the advertiser and do not reflect those of Medical News Bulletin. Medical News Bulletin does not accept liability for any loss or damages caused by the use of any products or services, nor do we endorse any products, services, or links in our Sponsored Articles.
Sometimes it seems like our bodies can’t keep up with life. Things start degrading like the discs in our spines. However, aging and daily wear and tear aren’t the only things that can cause spinal discs to bulge or break. Accidents, especially car collisions, can cause a herniated disc. So, does this mean you can recover compensation for your less-than-perfect spinal disc? The answer may be yes, but you may run into some key challenges in proving a herniated disc injury claim. Even though you may hit a few hiccups, you can take steps to make it easier to recover compensation for your herniated disc injury. A herniated disc often occurs over time. Normal daily motions like bending over and lifting objects can cause wear and tear resulting in disc degeneration. Age is another common cause. Your discs naturally degrade over time. Did you know vehicle accidents can also result in one or more herniated discs? The force of the collision can cause the vertebrae in your spine to compress., placing pressure on the nerves in your spinal cord. You may feel pain, numbness, or weakness in your arms and legs. Where the sensations appear typically depends on the location of the affected disc. Vehicle collisions aren’t the only type of accident that can cause this painful problem. Just about any accident that places force on your spin, like a slip-and-fall, can result in a herniated disc injury. If your herniated disc is caused by someone’s negligence accident, there’s a good chance you can file a personal injury claim. However, you can’t simply include a herniated disc in your list of damages. You must prove negligence and sometimes this can be challenging. Showing negligence means proving the at-fault individual either knowingly or unknowingly acted in a way that placed others at risk. You must show a relationship between you and the at-fault party. Sometimes it’s a breeze but it’s not always the case. However, once you get past showing negligence, the other steps for proving a herniated disc injury claim usually get a little easier. Some herniated discs rarely cause any pain. The individual may only notice some occasional pain or discomfort in their back, neck, arms, or legs. Others with a herniated disc are in almost constant pain. Regardless of your level of discomfort, you want to be examined by a licensed medical professional. A healthcare provider can accurately diagnose your condition and this is something you need to support your injury claim. However, your physician may not be able to pinpoint the precise cause of your herniated disc. Don’t worry, this shouldn’t affect your ability to include it in your injury claim. Even though it’s not always easy to tell the exact cause of a herniated disc, tools like imaging and X-rays can help healthcare providers determine approximately when the injury occurred. This way you can show the accident is the cause of your back injury. Yep, medical treatment for a herniated disc can be and usually is expensive. However, you also don’t want to delay treatment while you’re waiting to settle your accident claim. The claim process can last for weeks or even months. You may be looking at years if your claim turns into a personal injury lawsuit. Waiting to treat a herniated disc can make your symptoms worse and complicate your recovery process. Instead of only needing to go through rehabilitation exercises, you may be facing surgery. You may not need to rely on your health insurance or bank account to cover your treatment for a herniated disc. A medical lien may be an option. If you’re not sure what a medical lien is, it’s a legal agreement between a patient and a healthcare provider. The lien allows you to receive medical care with the understanding of payment being deducted from your settlement amount. So, if your treatment costs are $20,000 and your settlement is $80,000. The healthcare provider automatically receives their $20,000 and you get a check for $60,000. This is something to consider if your accident results in a herniated disc. Medical liens are also coming under scrutiny. While your injury claim settlement typically covers the lien, you can still be taking a huge risk. A lien gives your healthcare provider the right to claim a portion of your assets to settle your medical bills. So, if your herniated disc injury settlement falls through, your healthcare provider may be suing you for their share of your assets. A large part of your claim process is calculating the value of your damages. Your damages for a herniated disc will usually include all medical costs. This includes everything from the initial appointment through your testing and treatment. Even if you’re using a medical lien to temporarily cover expenses, it’s still a good idea to save all of your paperwork. This includes anything relating to your diagnoses and treatment, along with any prescriptions. If you’ve started covering your medical costs, save these receipts. You can include your out-of-pocket expenses in your injury claim. You may also want to think about your non-economic damages. Your herniated disc may be causing pain and suffering. Your attorney can help you determine the value of your non-economic damages. Your non-economic losses are things like your pain and suffering. Since herniated discs generally make themselves known, you don’t want to leave off any non-economic losses. Your personal injury attorney can use either the multiplier or per diem method. Insurance companies aren’t going to complain about which formula you decide to go with. With that being said, it’s not a bad idea to use both formulas. This way, you’re ready with a counteroffer if the insurance adjuster says no to the first one. Even though your injury attorney can’t help diagnose a herniated disc, they can work to ensure you can receive compensation for your injury. Consult with an accident attorney about your back injury and learn more about your legal rights. Image by Fatih Ustaosmanoglu from Pexels The editorial staff of Medical News Bulletin had no role in the preparation of this post. The views and opinions expressed in this post are those of the advertiser and do not reflect those of Medical News Bulletin. Medical News Bulletin does not accept liability for any loss or damages caused by the use of any products or services, nor do we endorse any products, services, or links in our Sponsored Articles.
What Causes a Herniated Disc?
Key Tips on Proving a Herniated Disc Injury Claim
Be Diagnosed By a Medical Professional
Don’t Wait to Start Your Medical Treatment
Calculate Your Damages Both Economic and Non-Economic Losses
Work With an Experienced Herniated Disc Injury Attorney
