Written By: Robert King, Esq.
Legal Review By: Sandy Fazili, Esq.
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A herniated disc is an extremely painful condition that can be caused by a number of factors. It is believed that millions of people suffer from some form of a herniated disc each year. One of the most common causes of herniated discs is car accidents. If you suffer a herniated disc after a New York car accident, you need to contact an attorney to determine your legal options.

Table of Contents:

Overview of Herniated Disc Injuries in New York Car Accidents

A herniated disc occurs when there is a problem with the rubbery cushion between the vertebrae of the spine. The rubbery cushions are referred to as discs. Inside the rubbery cushion is a nucleus. When the spine is injured, the nucleus may seep through the outer encasing of the disc, causing pain. Car accidents are one of the leading causes of herniated discs. The sudden impact of a crash can result in the rupture of the rubbery cushion.

Herniated discs, also referred to as slipped or ruptured discs, can result in severe discomfort if they press on a nerve. In some cases, a person may experience pain, numbness, or tingling down one side of the body. Left untreated, a herniated disc may cause bladder or bowel dysfunction, increasing pain, and a loss of sensation.

Unlike a herniated disc, the nucleus in a bulging disc does not completely perforate the outer cartilage and, therefore, may not be as painful. Both herniated and bulging discs are serious injuries that may affect your ability to live a normal life. It is important to consider legal action if you have been diagnosed with one of these conditions. However, a herniated disc may result in a larger settlement due to its severity.

If you have been diagnosed with a herniated disc after a car accident in New York, you may be able to file a lawsuit against a liable party. The only way to determine whether you have a valid claim for damages is by consulting with an experienced attorney.

Most cases are based on negligence. In New York, you must meet the threshold for a serious injury in order to file a lawsuit based on personal injury after a car accident. Most cases are based on negligence, meaning you must show that the other party breached the duty of care that they owed you, resulting in your injury.

Average Settlements for Herniated Disc Injuries in New York

Average settlements for herniated disc injuries in New York may range depending on the specific circumstances of the case.

Factors that may determine your settlement amount after a herniated disc:

  • Severity of injury – The severity of your injury may directly impact the amount of your settlement. Damages are determined by our economic and non-economic losses, including your medical bills, lost wages, and whether the injury is debilitating.
  • Type of medical treatment – The treatment you receive after your accident may affect your settlement. Any delay in treatment can negatively impact your settlement, while the more intensive the treatment required to repair the injury may increase the compensation you will receive.
  • Impact on quality of life – In order to meet the threshold for serious injury, you may show that an injury substantially limited your ability to perform all of your “usual and customary daily activities” for at least 90 of the 180 days following the car accident.

While herniated disc settlement amounts vary greatly, the typical amount may fall between $30,000 and $200,000. The severity of the injury, however, may significantly increase the amount of the settlement.

Role of Medical Treatment in Determining Settlement Values

Seeking immediate medical treatment can prove critical in herniated disc cases. Any delay in medical treatment may result in your claim being denied or your compensation being reduced. It is essential to provide all of your medical records related to your injury and subsequent treatment. You should also work with a medical expert to build your case.

Collecting Evidence for Proving Herniated Disc in Car Accident Cases

In order to prove your herniated disc injury after a car accident in New York, you will need to provide evidence. Evidence can help establish what caused your injury, the severity of the harm, and the impact the injury has had on your life. It may also prove essential in negotiating a full and fair settlement in your case.

Evidence that may help prove your herniated disc case:

  • Medical records: Medical records are often critical in building your herniated disc case. You will need to provide detailed medical reports from doctors, chiropractors, or specialists diagnosing your herniated disc. You should also keep track of any medications, physical therapy, or surgical procedures that were part of your treatment and keep detailed records of ongoing medical needs and future care plans.
  • Imaging results: In addition to your medical records, you will want to provide any imaging results showing the herniated disc. Imaging results may include MRIs, CT scans, and X-rays.
  • Expert testimony: Statements from medical experts that correlate your herniated disc to the car accident can help to strengthen your case. Expert opinions are also important in proving the long-term impact and prognosis of the injury.
  • Accident reports: Evidence in a car accident case may also include any official police reports and witness statements that can corroborate the event and its severity.
  • Legal and insurance documents: Make sure to provide any correspondence with insurance companies that you have had or received and any prior claims or medical history relevant to the injury.

Generally, the more information you can provide in relation to your case, the more likely you will receive a favorable outcome. It is important to work with a qualified attorney throughout the process to protect your rights.

Herniated Disc Case Studies and Settlement Outcomes in New York

Many herniated disc injuries are caused by car accidents, as was the case when our clients, a mother and daughter, were struck by another vehicle that turned left in front of them. Our clients suffered a herniated disc and partial fracture. We were able to secure a recovery of $40,000 on their behalf.

Contact a New York Car Accident Lawyer Experienced in Herniated Disc Injuries

If you were diagnosed with a herniated disc after being involved in a New York car accident, contact King Law to schedule a free consultation. It is imperative to contact our office as soon as possible as you only have a limited amount of time to file a claim under New York’s statute of limitations.

Frequently Asked Questions (FAQs)

What is the average settlement for a herniated disc injury in New York?
Settlement amounts in herniated disc injury cases in New York differ greatly depending on the circumstances of the case. On average, however, settlement amounts range between $30,000 and $200,000.
What type of evidence is most important in proving a herniated disc injury in a car accident case?
Medical records are generally the most important in proving a herniated disc injury in a car accident case. You will also want to provide any accident reports, eyewitness accounts, and other evidence that can help prove your case.
How soon after a car accident should I file a lawsuit for a herniated disc injury in New York?
You should consult with an attorney immediately after your car accident. You only have a limited amount of time to file a case.
How can I prove my herniated disc was caused by the car accident and not a pre-existing condition?
Medical records can help prove that your herniated disc was caused by the car accident and not a pre-existing condition. If a pre-existing condition was exacerbated by the crash, you may still be entitled to damages.
How long does it take to settle a herniated disc injury case in New York?
The length of a herniated disc injury case will depend on the individual circumstances of your case. Factors like the severity of your injuries may impact how long it takes to settle your case.
Can I still claim compensation if I didn’t seek immediate medical attention after the accident?
While it may impact your right to compensation, you may still file a lawsuit if you did not seek immediate medical attention after an accident that caused you injury.
What should I do if I had a pre-existing disc injury that was worsened by the car accident?
If you have a pre-existing disc injury that was worsened by a car accident, you need to consult with an attorney. You may still be entitled to financial recovery.
What if the insurance company disputes the severity of my herniated disc injury?
If the insurance company disputes the severity of your herniated disc injury, you should consult with an attorney as soon as possible. You should never have to settle for less than your case is worth.
Can I claim compensation for a herniated disc without surgery?
You may still be able to claim compensation for a herniated disc if your treatment did not require surgery; however, you will need extensive documentation from a medical professional about your care plan.