Torn Disc after Automobile Accident? What to Expect
Getting into a car accident can be a very frightening experience. It’s not unusual for survivors to feel dazed and forget what steps to take next. This is especially true when they’re injured.
This is why lawyers make the process very easy. After seeing a medical physician and filing your police report, the first thing you should do is contact an attorney.
Now, there are various injuries that can occur due to a car accident, such as a torn disc. When this happens, the severity can potentially prohibit your ability to work and perform daily tasks.
When this happens, it’s essential to determine whether your injuries are permanent and lead to the inability to take care of yourself physically and financially.
In this guide, we will cover some of the aspects of a torn disc and what you can expect to happen in your life next.
The Auto Accident that Caused Your Torn Disc
A disc tear or herniation is a permanent injury that grants you the chance of getting a substantial settlement. This is because torn discs are a serious injury and can severely limit your ability to perform the way you once did.
But in order to get a settlement, you need a lawyer well versed in car accidents to help you. This way, you can gather the medical and legal evidence required to win your suit.
By speaking with an attorney, you can gauge the probable outcome of your case regarding the range of the settlement.
What to Expect Financially for a Disc Injury
The amount you can potentially get from a car accident resulting in a disc injury depends on multiple things. However, as a rule of thumb, you can expect to get three times your medical costs back for pain and suffering.
Say you had to get spinal surgery for $150K – you could potentially get back $500K for pain and suffering. On the other hand, if your disc is inoperable, then you can only receive back what you paid in medical bills, which in this case would be $50K.
However, since you’re looking forward to a life in pain, you may still be able to get pain and suffering for around $150K.
Mediation for Settlement
During the mediation between the defense attorney and your lawyer, the terms will be discussed. Some attorneys will bring a blank settlement sheet so that if an agreement is reached, the amount is written in.
It’s a higher chance for the defense side to come to a settlement because the outcome is more reasonable. Jurors don’t use mathematical damages formula, so their numbers may be a lot more. While this is good for you, it’s not so great for the other party.
And this is why you’ll find many defense attorneys coming to a settlement during mediation – to avoid paying more. The upside for you is that you get your money faster rather than waiting for a determination by a dragged out court case.
Payouts for Various Forms of Disc Damage
One way to determine the potential settlement for your case is to look at past verdicts. The details of your case will help determine what a jury may award you with.
For instance, in one case, a man in Illinois only received $12,500 because he had back problems before the accident. The jury wasn’t convinced that this accident alone caused the disc herniation.
However, a woman in Oregon received $150,000 after being in an accident. While driving, she stopped for traffic and was rear-ended by another driver that attempted to swerve out of the way. The collision caused a herniated disc, which called for surgery. Her lawyer was able to get her the award to cover her expenses.
Then in Florida, a man was in an accident that herniated two discs. He required pain medications and physical therapy, plus, he missed days at work. It was also expected that he would need surgery. With all these facts, the lawyer was able to secure him $581,458 to cover medical bills, lost wages, as well as pain and suffering.
The Factors in Winning a Case for a Torn Disc
Now, there are various factors that play a major role in your ability to win your case. For starters, you need to give your testimony. Tell the court your account of what happened at the time of the accident and after.
Detail how it affected your life, the symptoms and so on. Then you’ll have to back up your claims with diagnosis and treatment. This will come from your physician and specialists. This is why it’s recommended that you seek medical attention soon after an auto accident.
It’s good to have a record of your pain and torn disc within 24 to 48 hours after a car accident.
A testimony from your doctor will also help the court better understand your injuries and symptoms. However, this can make or break your case. Just because it’s your doctor doesn’t mean they will side with you. For example, if the doctor tells the court your pain is from disc degeneration versus herniation, then the court may not award you any money.
Other documents that will help include imaging scans and your past medical history. It’s important to prove that your injuries are fresh and severe enough to receive compensation for. X-rays and MRIs are crucial to showcasing the trauma caused to your discs.
Hiring a Lawyer to Represent Your Case
When it comes time to contact a lawyer, let it be the attorneys at Babcock Partners. We have the knowledge and expertise to represent your case.
The lawyer you hire can make the difference between you winning or losing your case. Some attorneys are able to work the system better and get the expert witnesses and documents required to get you the most for your pain and suffering.
At Babcock Partners, we work hard to come to an agreement in mediation, so that you can get the money you need as quickly as possible. At the end of the day, you are our top priority. We don’t win until you do.
Contact us today to get a free consultation on your car accident case.