Victims of car accidents can suffer injuries that may never fully heal, including herniated disc injuries.
A herniated disc injury is not only painful but may have a long-lasting impact on your daily life.
If you suffered an injury due to the negligence of another, you have a right to recover from a herniated disc auto accident settlement.
Many people suffering a herniated disc injury find themselves burdened with expensive medical bills coupled with an inability to work due to their injury.
Pursuing a herniated disc settlement amount from the person responsible for your injuries is a complex legal process requiring the assistance of a personal injury attorney.
What Is a Herniated Disc Injury?
A herniated disc injury occurs when a disc moves out of alignment from the rest of the spine. Herniated disc injuries typically occur due to trauma, like a rupture or tear, but may also occur with age. The lower back is a common location for a herniated disc injury. The symptoms of those experiencing herniated disc injuries include:
- Pain in the arm, leg, shoulder, calf, thigh, and buttocks;
- Numbness or tingling in areas of the body;
- Weakness in the area connected to the damaged nerve;
- Lack of coordination and balance;
- Difficulty holding items; and
- Lower back pain.
A person suffering from a herniated disc may suffer some, all, or none of these symptoms. Typically, herniated disc injuries worsen after long periods of sitting, standing, or walking. Additionally, a sneeze or cough may trigger herniated disc pain.
What Factors Determine a Herniated Disc Settlement Value?
The long-lasting effects of your injury may have you wondering how much of a settlement to expect after suffering a herniated disc. Multiple factors affect a herniated disc settlement value. Working with your attorney to answer the following questions is a great start.
- How many herniated discs do you have?
- Where are your herniated discs located on the spine?
- How large are your herniated discs?
- What treatment did you receive?
- Is your herniated disc injury new or old?
- Have you fully recovered from your herniated disc injury?
- How have herniated discs affected your daily life?
As you work through the answers to these questions, your attorney gains a clearer picture of an average possible settlement for your herniated disc car accident injury.
No two herniated disc injuries are the same. For this reason, most attorneys refuse to give an average herniated disc settlement value without first getting some information from you.
Additionally, it’s generally not advised to use a herniated disc settlement calculator. These calculators tend to be inaccurate and fail to provide a reliable value for your case.
Does a Preexisting Disc Injury Affect My Herniated Disc Settlement Amount?
A preexisting disc injury does not automatically disqualify you from recovering in your personal injury case. However, it’s crucial to seek legal representation from a qualified personal injury attorney, as the negligent party and insurance company will try to use your preexisting condition to reduce their liability.
Even if a disc injury existed before your accident, you still have a right to recover if you can prove that the accident substantially aggravated your disc injury.
Medical records, notes from physical therapists, expert medical testimony, and appointments with medical specialists can support your claim for recovery. A personal injury attorney works to gather all relevant evidence to maximize a herniated disc settlement value.
How Much to Expect in a Herniated Disc Auto Accident Settlement?
The particular facts and details surrounding a car accident vary from one case to the next. While Ohio law permits those suffering injuries in a car accident to recover all the compensation needed to make them whole, insurance companies and liable parties seek to pay out as little as possible.
This is why having an experienced personal injury attorney from the beginning sends a strong signal that you are serious about receiving a fair herniated disc auto accident settlement.
What Damages Make up My Herniated Disc Auto Accident Settlement
Ohio law permits injured parties in personal injury cases to recover compensatory damages and punitive damages in Ohio. Compensatory damages seek to make an accident victim “whole” for their losses. Punitive damages are awarded in rare circumstances and seek to punish the defendant and deter future similar conduct.
The law divides compensatory damages into two categories: economic and non-economic damages.
Economic damages represent calculable financial losses like the following:
- Past and future medical expenses,
- Past and future lost wages, and
- Property damage.
Economic damages typically comprise a large portion of your herniated disc settlement amount. Your attorney proves the existence of these losses through medical bills, receipts, pay stubs, and other evidence.
Non-economic damages represent the intangible and subjective losses associated with a herniated disc settlement value. These damages include the following:
- Pain and suffering,
- Emotional distress,
- Loss of consortium, and
- Loss of enjoyment of life.
Ohio law provides no caps to economic damage awards. However, non-economic damage awards in Ohio are subject to limitations. So while there are no personal injury caps to your recoverable medical expenses, there is a limit to your claim for emotional distress.
Non-economic damage awards are limited to the greater of (a) $250,000 or (b) three times your economic damages, which is subject to a maximum of $350,000 per person and $500,000 per accident.
Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, possesses extensive experience navigating personal injury lawsuits in Ohio. As a skillful negotiator, he works to pursue the compensation you deserve. However, if negotiations fail, he won’t hesitate to bring your case to trial.
Aaron Bensinger understands the devastation and disruption a herniated disc injury causes to your daily life. We build a strong case on your behalf, so you can prioritize getting better and moving forward.
Contact us today for a free case review. Don’t let your herniated disc injury rule your life any longer. Let us get you on the path to recovery today!