The sudden, impactful force of a motor vehicle collision can cause many types of injuries. Herniated discs are a common result of such occurrences, leaving victims in tremendous pain in the days, weeks, months, and even years that follow.
If you have suffered this injury in a car accident caused by a negligent driver, make sure you have reputable legal representation to help you navigate the legal process. Jacobs and Jacobs Personal Injury Law is a Washington State disc injury law firm committed to providing personalized legal service to injured victims.
Read on to learn more about the effects of herniated discs and how a car accident attorney can help you fight for fair compensation after enduring this painful injury.
What Is a Herniated Disc?
Between the vertebrae, or the bones that make up your spine, there are rubbery cushions known as discs. They serve several purposes: absorbing shock from everyday activities, keeping the spine stable, and allowing for flexible motions such as bending and twisting.
When you have a herniated disc at any point along the spine, the jelly-like center, the nucleus, tears through its encasements, resulting in pain, numbness, or weakness in your appendages. Herniated discs, often called slipped or ruptured discs, can disrupt your daily life, making it impossible to perform the duties of your job or enjoy your favorite hobbies.
The pain caused by a herniated disc will depend on the location of the disc and if it is pressing on one of your nerves. If you have a herniated disc in your lower back, you’ll feel pain in your lower back, thighs, or calves. It may even extend into one of your feet. If the ruptured disc is higher up, such as in the neck area, pain may radiate into your shoulder and arm.
Most people with herniated discs in car accidents experience a sharp or burning pain. There may even be feelings of numbness, tingling, or weakness that affect how you lift or hold items. While herniated discs can be treated, the treatment depends on the severity and point of impact on the spine. You may need to take pain medications, go to physical therapy, or get nerve injections. When the damage is severe, surgery may be the only option, and even then, you may still suffer from the chronic pain caused by this injury.
Legal Implications of a Herniated Disc Injury
If another person caused your car accident and left you suffering a herniated disc, you may be able to hold them accountable for your injuries under personal injury law. Since these cases are complicated, you will want a disc injury attorney in Washington to help you navigate the legal process. There are several key factors that make a herniated disc lawyer in Washington State the key person to contact before you file your injury claim.
Proving Negligence and Liability
Since Washington follows an at-fault model for car insurance, the driver who is determined to have caused the accident will be held responsible for paying damages. It may seem straightforward that someone else crashed into you but negligence has four elements that all must be satisfied to have a valid claim.
First, the defendant needs to have owed you a duty of care, which may be the easiest point to make after a car accident. All drivers have a duty to drive safely and obey traffic laws, and they owe this to one another.
Next, a breach in this duty needs to have occurred, and the evidence presented should be able to prove that the other driver was behaving in a negligent way. They may have been texting while driving, drunk, or failed to obey traffic laws, such as running a red light. This breach needs to be linked to the accident, and the accident must result in damages. Proving this on your own may be hard, but our Washington State disc injury law firm is up for the challenge.
Preventing Blame from Comparative Negligence
A herniated disc lawyer in Washington State will be your advocate when you are being fully or partially blamed for the crash. The pure comparative negligence rule allows all parties involved to incur some of the blame. While you can technically be up to 99% at fault and still recover compensation for your injuries, this would significantly impact your settlement. It could also mean you are held liable for paying the other party.
These complications can add more undue stress to your situation. When you hire a lawyer to handle your herniated disc claim, they will investigate and present evidence that quashes these unscrupulous tactics used by insurers to reduce payouts or deny claims.
Time Limits for Filing a Herniated Disc Claim
In Washington State, the statute for filing a herniated disc claim or any personal injury case is three years from the date of the accident. This time limit is fairly short, especially when you consider that when the clock starts ticking, you will be busy taking care of your injuries. You will likely then file a claim with the insurance company and spend time going back and forth to get your settlement.
They may deny the claim outright, blame you, or offer much less than the expenses you’ve incurred. By the time you realize this, much of the time limit in the statute will have passed. Consult a disc injury attorney in Washington immediately after getting medical treatment, allowing them to promptly get started on your claim before the time limits run out.
How Our Washington State Disc Injury Law Firm Can Help
When the pain from a herniated disc radiates through your arms and shoulders or from your lower back down to your legs, it can be debilitating and utterly exhausting. At Jacobs and Jacobs Injury Law Group, we are committed to helping you get the compensation you deserve.
You can rely on our combined experience of over 100 years and our commitment to client advocacy.
Free Initial Consultation and Case Evaluation
Unsure whether or not you have legal grounds to seek compensation for your herniated disc injury? You can schedule a free consultation with a herniated disc lawyer in Washington State to review your case and see what legal options are available.
Investigation and Strategy Building
If you have a valid claim, investigations will help us to uncover all available evidence in your case. In addition to the police report and medical records, we use our resources to obtain other types of evidence, such as traffic surveillance footage and testimony from experts. Accident reconstructionists can show how the accident occurred while medical experts can provide a deeper explanation of your injuries and how they impact your life.
Providing Client Support at Every Step
The pain that can come from a herniated disc may make your life a struggle from minute to minute, every day. At Jacobs and Jacobs Injury Law Group, we provide the compassion you need to help you move forward. We lead the way through insurance claims and work to negotiate a fair compensation award.
When you’re injured through no fault of your own, you shouldn’t be left floundering in financial ruin or enduring pain that disrupts your life. Contact our Washington State disc injury law firm today.
Typical Timelines and Expectations for a Herniated Disc Lawsuit
Injured victims with herniated disc lawsuits often wonder how long it will take to resolve the case. There is no specific answer as each case will vary based on its unique factors. Some may take a few months while others may take several years.
Ultimately, the severity of your herniated disc and the treatment required will be the biggest factor. Waiting until you’ve finished medical treatment or have reached the maximum medical improvement (MMI) is typically advised to make sure you get the full value of your injury claim.
The case may also take longer if the accident is complex and disputes have arisen over liability, especially when there are multiple parties involved. When you meet with a herniated disc lawyer from our firm, we will do our best to resolve your case in the most efficient way while working for favorable results.
Potential Compensation for Herniated Disc Injuries
When you are in a car accident that another person negligently caused and suffer a herniated disc injury, you may be entitled to recover compensation to cover the losses you’ve experienced. These tend to include medical expenses, such as your hospital visit, physical therapy, medications, and surgeries.
If you work, you may also seek your lost wages for the time you missed from your job, plus any benefits you had to utilize to take time off. Future loss of earnings, property damage, and other out-of-pocket expenses may also be sought.
While it’s relatively easy to prove economic damages, non-economic damages such as your pain and suffering, mental anguish, and loss of enjoyment of life, can be tricky. Contact Jacobs and Jacobs Injury Law Group today to get help recovering the full and fair amount you deserve.