Spinal discs are cushions situated between the vertebrae in the spinal column. They are composed of a tough outer layer of cartilage called the annulus fibrosis and a softer inner layer of a gelatinous substance called the nucleus pulposus. Whether due to the passage of time or because of acute trauma, such as an auto accident, the spinal discs can lose their shape, causing them to protrude.
In many instances, the change in shape can cause pressure, or pinching, of the nerves that are exiting the spinal cord. This can result in back pain and pain that travels to your extremities, such as your arms and legs.
While age and degeneration are frequent contributing factors, a bulging (or slipped) disc can be aggravated by trauma related to a car accident, causing new symptoms or a worsening of symptoms that might have been there before. Like any other spinal injury caused by a car accident, a bulging disc can range broadly in severity. If it requires medical treatment, results in lost earnings, or otherwise disrupts your life, it is your right to hold the at-fault party responsible and seek financial recovery for your losses.
Consulting with an experienced Austin car accident attorney can help you navigate the legal process and ensure you receive the compensation you deserve.
Damages in Bulging Disc from a Car Accident Settlements
Many people who suffer from a bulging disc make a full recovery and become symptom-free, while others will experience lasting pain. The future cost of medical care can differ widely in bulging disc cases, and so in order to pursue appropriate damages, you will need to know how the injury will affect you in both the short and long term.
This begins with receiving an accurate medical diagnosis. Consult with your medical providers to see what kind of recovery you can make with conservative treatment such as physical therapy and chiropractic care. If conservative treatment methods are ineffective, your medical providers may move on to oral steroids or epidural steroid injections. If these only provide temporary relief, the injury may require surgical intervention.
In addition to reimbursement for future medical consequences and costs, you can also receive reimbursement for lost earnings and lost earning capacity. Again, it’s important to look to the future and understand the economic impact this is likely to have on your life in the long term.
An accident claim lawyer can help you determine the settlement value of your case and work with your medical providers to prove that the car accident either worsened or caused your spinal injury. Establishing future costs will put you in the best position to understand what kind of financial recovery you should expect.
What Factors Can Affect Your Bulging Disc from a Car Accident Settlement in Austin?
It is difficult to predict what kind of financial recovery one can expect in a car accident-related bulging disc case without considering the unique circumstances surrounding the injury. The major factors that can affect the amount of your settlement include the following.
- The severity and permanence of your injuries. The more severe and long-lasting your injury, the higher your potential for financial recovery from the at-fault party. Considerations include how you are responding/are likely to respond to treatment, whether you will ultimately require surgery, and whether the injury will worsen over time, stay the same, or resolve. It should become clear to your medical providers within a matter of months whether or not you will make a full and lasting recovery.
- How your injuries affect your capacity to work. If you need to take time off work or your job requires a certain amount of physical stamina, you may be entitled to reimbursement of lost wages. You will need to prove that your injury reduced or diminished your capacity to work.
- The cause of the accident. You will need to prove that the other party is liable for your injuries through negligence or misconduct. If you were partially responsible for the accident, it is unlikely that you will receive a settlement amount that covers all of your losses.
- Insurance payout limits. If your losses exceed the amount of coverage the other driver possesses, that driver is considered underinsured. If the driver does not possess any coverage, they are uninsured. Some insurance policies include underinsured and uninsured motorist coverage; depending on the limits of the other driver’s insurance as well as your own, you may need to seek other sources of recovery.
How Long Do Bulging Disc Car Accident Settlements Take?
It’s difficult to predict how long an accident settlement case will take. Some are resolved in just a few months, while others take a year or longer. The circumstances surrounding your case, the nature of your injuries, and your ability to coordinate with other involved parties can all affect how long it takes. Specifically, here are a few variables to consider that may impact your case’s timeline.
- The severity of your injuries. A bulging disc can cause a variety of symptoms and can manifest differently depending on your body and how badly you were injured. This can drastically impact your likelihood of making a full recovery — and how your injury will affect your life in the meantime. A severe injury typically requires more extensive treatments and may cause you to miss work and lose income. You will likely require more compensation in order to cover your losses and damages in this scenario. However, cases with larger compensation at stake often take longer to resolve, simply because the other parties will work harder to disprove your claim and devalue the amount of compensation you receive.
- The cooperativeness of other parties. When parties are communicative and cooperative, it makes for a much more streamlined legal process. However, this is often not the case, and delays in responding to requests or in the litigation process can all extend the length of your case.
- The litigation process and jury trial. If the parties involved cannot come to an agreement during negotiations, your case may need to go to trial. When this occurs, it will take much longer for your case to be resolved.
Why Hire a Lawyer to Help with Your Bulging Disc from a Car Accident Settlement?
Bulging disc car accident cases can become quite complicated, and they increase in complexity with the degree of medical intervention required. The number of parties involved can also impact the intricacy of the case — for instance, if you were hit by a truck driver, your employer’s insurance policy may become relevant. Consulting an Austin truck accident attorney can be essential in such scenarios.
Additionally, preexisting structural spine issues can be grounds for the at-fault party’s insurer to deny or devalue your claim. Structural spine issues are incredibly common but can often remain asymptomatic until the trauma of a car accident triggers an inflammatory response or causes symptoms to develop.
An accident claim lawyer can help you navigate these complex factors by managing your communication with insurance providers and gathering evidence to prove that the accident caused your injuries or aggravated preexisting spine issues. Your lawyer will work closely with your medical providers, who will explain your body’s response to the trauma and what kind of treatment will be needed in the future. Your lawyer will then determine the medical and economic consequences of your injury and fight to obtain the financial recovery you deserve. If the accident resulted in a fatality, consulting with an Austin wrongful death attorney can help address the legal complexities and ensure justice for your loved one.
How an Auto Accident Lawyer in Austin, TX Can Help
Our experienced Austin personal injury attorneys at FVF Law Firm – Injury & Wrongful Death Lawyers know what a challenging time this can be, which is why we offer free, no-commitment case consultations. We aim to not only help you understand the best way to maximize your financial recovery but also offer support and guidance in the midst of difficult circumstances. Contact us today to schedule your free consultation.