The most common type of injury that may occur in a slip and fall or a car accident is herniated disc injury. At the same time, it is the type of injury claim that insurance companies usually try to challenge and avoid paying compensation. This happens because there is no objective evidence to prove what caused the damage in herniated disc injury cases. An MRI examination can show that a disc is herniated but cannot document when the disc was herniated. Consequently, MRI is not objective proof.
If you were involved in an accident that caused a herniated disc injury to your spine, most probably, your insurance company will try to argue and de-legitimize your claim. Insurance companies pay lots of money and hire doctors to say no objective proof shows that the accident caused the herniated disc injury. An experienced Tampa personal injury attorney knows how to prove these doctors wrong and win the compensation you deserve to recover your damages.
A herniated disc can lead to severe pain and numbness in your arms and legs, making you weak and incompetent to work or do chores. You need to consult a personal injury attorney if you believe that your herniated disc was the result of an accident caused by someone’s negligence.
What is a herniated disc?
Another name for herniated disc spine injury is “slipped disc” or “ruptured disc.” The stack of bones that your spine is made of is called vertebrae. The disks between each vertebra are like cushions protecting the spine and nerves when the body bounces, bends, or twists. A liquid gel material externally covers the discs and, when it protrudes or tears, leads to a herniated disc. The symptoms of this condition can be:
- Arms or legs pain. Depending on the herniated disc location, you may feel pain in different parts of your body. For example, if it is in your neck, you may feel extreme pain in your shoulder or arm. If it is in your lower back, you may feel pain in your thigh. Moreover, you may feel sudden pain when you change positions or sneeze.
- Numbness and tingling. The nerves near the herniated disc get irritated and affect parts of your body.
- Weakness. The irritated nerves may weaken the muscles that are connected with them. This muscle weakness can lead to loss of balance and difficulty in lifting or holding things. In severe cases, it could even lead to paralysis.
The treatment for this condition is usually medication and physiotherapy; however, sometimes, surgery is inevitable.
What May Cause A Herniated Disc Injury?
Aging is the primary cause of some herniated discs when discs become less flexible and easy to tear. This aging process within the spine is known as degeneration. Other herniated discs, though, occur from incidents like:
- An auto accident
- A slip and fall accident
- An assault to the back
- A workplace accident
When an accident occurs due to someone’s careless act, or negligence, they are legally responsible for covering your damages.
How To Prove Herniated Disc Resulted From The Accident?
A competent personal injury lawyer will thoroughly investigate your case and prepare your evidence to prove the paid defense doctors wrong. Many paid defense doctors are willing to testify that your herniated disc injury did not result from the accident. However, when you are honest and do not try to hide previous injuries, the jury can perceive the doctor’s deception.
A clear medical record with no history of pain before the accident can prove when the accident’s damage occurred. Furthermore, family members or close friends may also testify about their observations when you started to feel pain.
If a person was involved in more than one accident, the person’s doctor could testify which accident caused the herniated disc. Nevertheless, the medical expert must testify within a reasonable degree of medical certainty how or when the disc herniation happened.
Financial Recovery Of Costs
If you suffer from a herniated disc injury caused by someone else’s negligence, you should claim compensation to recover your damages. You may receive financial compensation for the following:
- Medical costs
- Prescribed medicine costs
- Physiotherapy costs
- Income loss
Get In Touch With A Florida Personal Injury Lawyer
If you, or someone you love, suffer from a herniated disc injury, our team at Winters and Yonker Law Firm can help you get the financial recovery you deserve. Our team of experienced personal injury attorneys can discuss with you the available legal options to protect your rights. Call us today for your free consultation.