Indemnización por hernia de disco en accidente auto en Texas

September 8, 2021 | By Francis Firm Injury Attorneys
Indemnización por hernia de disco en accidente auto en Texas
herniated disc settlement amount

If you or a loved one was in a car crash that caused a herniated disc and other injuries, it’s time to talk with a lawyer about compensation. By proving someone else caused the accident, you’re entitled to a settlement or court award for your injuries.

But it’s never as simple as it sounds. Herniated discs are common issues that can lead to complicated claims processes. Give the Francis Firm a call at 817-329-9001 to talk about how much of a settlement to expect for a herniated disc and what can increase or decrease the final amount.

What Is a Herniated Disc?

Between each of your vertebrae are small rubbery discs. They have a tough outer ring with a jelly-like center. A herniated disc occurs when the center of the disc (nucleus) pushes out through the exterior (annulus). This injury can cause discomfort, pain, and more severe symptoms if it presses on one or more nerves.

Other symptoms involve numbness, tingling, a burning sensation, and muscle weakness. A herniated disc in the lower region can cause cauda equina syndrome, leading to incontinence, sexual dysfunction, and paralysis. This condition requires immediate intervention.  

If you experience symptoms of a herniated disc in the days or weeks after a crash, see a doctor immediately. You may need X-rays or an MRI to diagnose your condition.

What Is the Average Herniated Disc Settlement in Texas?

There is no average amount of compensation for herniated disc injuries from car crashes.

At the Francis Firm, we often hear from car crash victims who want to know about the amount of compensation they can get. Naturally, they want numbers right off the bat. But to get an accurate estimate for a herniated disc settlement, we have to know more about the crash and your specific injuries.

Once we have more information, we can offer you a possible estimate for a herniated disc settlement or court award.

How Do I Get Car Accident Compensation for a Herniated Disc?

To get a fair settlement, it’s best to call a car accident lawyer and seek medical care immediately.

Carefully document your injuries and experience by taking photos, writing journal entries, and attending checkups with your doctor.  These things can all become evidence to present to an insurer or court when you demand compensation.

Whether you hire a lawyer at first or not, you’ll communicate with your insurance company. You aren’t required to talk with an adjuster for the at-fault driver’s insurer. In fact, if they ask you questions or want you to provide a statement, politely tell them you need to consult a lawyer first and give us a call.

Once you make a claim, the insurance company has to investigate who caused the crash and evaluate your injuries. Once the adjuster completes their task, they’ll either deny your claim or approve it and make a settlement offer.

If the insurer denies your claim or refuses to settle for a fair amount, you can file a personal injury lawsuit and take the case to trial.

What Factors Affect My Settlement Amount?

Many factors impact herniated disc car accident compensation. Bear in mind, herniated discs range in severity. How a herniated disc impacts one person can be very different from how it impacts another. And in general, the more severe your injuries, the higher the potential settlement.

Factors that could impact a herniated disc settlement amount include:

  • The severity of the herniated disc;
  • The medical care you have to undergo, including whether you need surgery;
  • Your level of pain and whether you suffer from chronic pain;
  • Whether you’ll require ongoing physical therapy or pain management;
  • The likelihood you’ll fully recover and go back to work;
  • The chance you’ll suffer a permanent disability; and
  • The amount of evidence you have to establish your injuries.

There are other practical factors, too, including whether you have a lawyer to represent you, whether you have a medical expert to testify on your behalf, and the at-fault driver’s insurance policy limits.

Do Pre-Existing Conditions Affect Settlement Amounts?

You may have had back issues before the car crash. That’s common. Now you’re wondering whether your pre-existing conditions impact your potential settlement.

Prepare for the insurance company to blame your preexisting conditions for your current pain and medical care. If they try this, contact the Francis Firm immediately.

Insurance companies have to take you as you are. It’s called the “eggshell skull doctrine,” based on an old case. The at-fault driver and their insurer are responsible for any harm the driver caused you, whether the wreck caused a new injury or aggravated an old one.

This is a complex issue, though, so we highly recommend you work with an attorney if you had previous back issues before the car accident.

Should I Trust the Settlement Offer I Get From an Insurance Adjuster?

No, initial settlement offers are almost always too low. The at-fault driver’s insurance company isn’t your friend. It isn’t on your side. You should take everything they say with a grain of salt and talk with your Texas personal injury lawyer about your rights and options.

Should I Hire a Lawyer?

Yes, if you’re diagnosed with a herniated disc after a car crash, we strongly encourage you to call a lawyer. A Texas car accident attorney will document your injuries, deal with the insurance company, and fight for you to receive fair compensation.  

Call the Francis Firm Today

When searching for the right car accident lawyer, look for someone who has years of real trial experience. Michel Francis has litigated cases in Texas for over 25 years and has won millions of dollars in settlements and verdicts for his clients. He’s Board Certified in Personal Injury by the Texas Board of Legal Specialization.

The Francis Firm is ready to fight for you. Call us today at 817-329-9001 or contact us online to set up your initial confidential consultation.