Can a Car Accident Cause a Herniated Disc?

A herniated disc is a relatively common back or neck injury with a wide range of severity. No matter how mild or severe the injury, discomfort from a herniated disc can affect your quality of life, limit your movement, and force you to evaluate your pain management options.

Car accidents can and frequently do cause herniated disc injuries. If you’re experiencing symptoms of a herniated disc following a car accident, you shouldn’t ignore the pain. Make sure to see a doctor immediately and carefully follow their treatment plan.

And if you suffered your herniated disc injury in a car accident and someone else’s negligence caused the crash, you may be able to file a personal injury claim. Filing a claim can help you recover compensation for your medical bills, damages, lost wages due to the accident, and pain and suffering.

Because herniated disc claims can be complex and challenging to prove, you should schedule a free consultation with a car accident lawyer if you’ve suffered a herniated disc in a crash. The attorneys at Will Adams Law Firm have worked with many clients in your situation. We understand your pain, and we’ll work hard to see that you receive fair compensation for your injuries and losses.

The spine is a very complex and important structure that stretches from your neck to your lower back. Your spine consists of bones called vertebrae, a spinal cord full of nerves, and many other components like muscle that help hold everything in place. Your spine also contains discs, which are small cushions between the vertebrae that keep the spinal bones from pushing on each other.

Sometimes, these discs can bulge or rupture due to injury or long-term wear and tear on the body. This injury is known as a herniated disc, but it can also be called a bulging disc, ruptured disc, slipped disc, or prolapsed disc. A car accident can easily cause the types of pressure or trauma to the spine that may result in a herniated disc.

Disc herniation most often happens in the discs of the lower back, also known as the lumbar spine. But any disc in your spine can suffer herniation, even the discs in your cervical spine (which is the upper area of your spine in your neck).

Herniated discs can produce various types of pain and symptoms, including:

• Pain and numbness, often on one side of the body
• Pain that extends to your arms or legs
• Pain that worsens at night or with certain movements
• Pain that worsens after standing or sitting
• Pain when walking short distances
• Unexplained muscle weakness
• Tingling, aching, or burning sensations in the affected area

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Because the spine is so complex and so vital to the human body, spinal injuries are often very complex as well. And the symptoms of a spinal injury can be very hard to predict.

In some cases, a person may feel fine for weeks following a car accident. Then, they suddenly experience back pain that was directly caused by the accident. Sometimes, because of the delay in onset of symptoms, these victims don’t even realize that the accident caused the injury and the pain they’re feeling.

If you experienced delayed symptoms following a car accident, the negligent party and their insurance company may try to argue that your injuries are not serious since you didn’t seek medical treatment right away. So, it’s critically important to see a doctor right away following any car accident, and it’s also important to follow up with your doctor when any new symptoms show up. A medical expert may be able to use imaging (like an MRI) and other tests to prove that you experienced a herniated disc.

In Texas, the statute of limitations for personal injury claims, including car accident, is two years. This means you only have two years from the date of a car crash or other accident to file a claim against the negligent party’s insurance. It takes time to build a case and file a claim, so the sooner you contact an attorney for help after a crash, the better.

RELATED: How Long Do I Have to File A Personal Injury Claim in Texas?

If you were experiencing back pain from a herniated disc before the accident, it is very likely that the accident made it worse. In fact, any type of back pain is very likely to get worse following a car accident.

Maybe you had a herniated disc before the crash, but it was responding well to medication and rest. Now, because of the accident, your doctor says your injury has gotten worse. You need surgery and won’t be able to work for months. So, can you recover damages from the car accident if you had a pre-existing condition?

The answer is yes. In Texas and elsewhere, when a negligent party causes a car crash or other accident that leaves you injured, you’re entitled to compensation for the resulting damages — even if you had pre-existing conditions that caused your injuries to be worse than they might have been if you were perfectly healthy.

Many factors affect how much compensation you can recover in a personal injury claim. A herniated disc can have a wide range of treatment options and outcomes that affect the costs involved. In general, the more severe your injury and the more extensive your medical treatment, the more compensation you can potentially recover.

In some cases, the insurance company will try and offer you a sum of money to settle your claim; this sum is called a settlement. When evaluating a settlement offer, it’s important to consider where it truly addresses your current and future medical costs and losses, including ongoing physical therapy. Remember that the insurance company will not offer you a settlement out of generosity. Their goal is to make your claim go away while paying you as little as possible.

If you have permanent disability or nerve damage because of the accident, any settlement offer should account for those long-term effects. Any time off work, including time missed due to the accident or for medical appointments, should be compensated. And a fair settlement offer should also compensate you for your pain and suffering.

Most importantly, you should always work with an experienced attorney when trying to determine fair compensation for your injuries or evaluating a settlement offer from the insurance company. No attorney can estimate your potential compensation without knowing the unique facts of your case. Take advantage of your free consultation with Will Adams Law Firm to get a better idea of what kind of compensation you may be able to recover for your injuries.

If the facts of the accident are clear and only one driver is responsible for the accident, then in theory, dealing with insurance shouldn’t be complicated. However, this is rarely how things play out in the real world. Car crashes can be complicated events, and often, each driver bears some of the responsibility.

Texas law establishes proportionate responsibility, which means that if you bear some of the fault, you cannot recover full damages from the other party. If the other driver is only 60% at fault for the accident, then you can only recover 60% of the total amount of damages from them or their insurance company.

Because of this rule, the insurance company will often try to argue that you were at fault to some degree for your injuries. The more they can put the blame on you, the less they have to pay you. The insurance company may also try to deny the severity of your injuries or argue that some or all of your medical treatment was unnecessary. To fight back against these tactics, you’ll need detailed evidence and strong arguments.

A good personal injury attorney will have experience investigating a crash, gathering the necessary evidence, and translating that evidence into winning arguments. And solid evidence and arguments don’t just help your case in court. If your attorney can show the insurance company that you are serious about pursuing full compensation and that you have strong evidence on your side, then the insurance company is more likely to make a fair settlement offer before the case ever goes to a trial.

RELATED: 16 Questions to Ask Personal Injury Lawyer Candidates

We understand that back injuries are incredibly serious, and we know how stressful life can be following a car accident. Will Adams Law Firm is on your side, and we’ll work to help you recover the compensation you deserve for your herniated disc.

If you’d like to speak with one of our lawyers, we offer a free consultation. An attorney from our team will listen to your story and inform you about your rights and legal options at no cost to you.

To speak with one of our compassionate, hard-working attorneys, please call (281) 371-6345 or complete our quick contact form today.

Reference

Slipped (herniated) disc. n.d. Healthline.  https://www.healthline.com/health/herniated-disk

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.