Life can take unexpected turns. Nobody expects a motor vehicle accident to turn their lives upside down in seconds. Unfortunately, car crashes are all too common on Texas roads, causing severe injuries to those involved.
One such outcome many victims face is a herniated disc injury. This type of bodily damage happens when the soft cushion-like material between the spinal cord pushes through a crack in the tough exterior.
Herniated disc wounds can lead to severe pain, making it hard for victims to walk or run and sometimes causing sharp, shooting pain in the legs. While money cannot magically relieve the pain, it can financially help victims deal with lost wages and medical bills.
The average settlement for herniated disc cases depends on various factors, such as the severity of the injury, the impact on daily life, and the costs associated with recovery.
Car accident victims can recover anywhere between $50,000 to $250,000 for their herniated disc injury. Anyone pursuing a personal injury lawsuit should consult a legal expert to strengthen the case.
Lawyers can fight the odds and increase the chances of securing a large average settlement value. They can also ensure plaintiffs recover more from the liable party if the herniated disc injury is severe and causes life-altering implications.
What Causes Herniated Discs?
One of the leading causes of herniated discs is trauma, often stemming from car accident cases. The force exerted during an impact can rupture the disc's tough exterior, allowing the softer inner material to protrude. However, motor vehicle crashes aren't the only causes of such injuries.
Age-related Wear and Tear
As time marches on, so does the wear and tear on human bodies. Aging plays a big role in the development of herniated discs.
Over the years, the spinal discs lose some of their water content, making them less flexible and more prone to damage. This natural degeneration can contribute to the discs' vulnerability, increasing the risk of herniation.
Improper Lifting Techniques
Improper lifting techniques can place undue stress on the spine. Lifting heavy objects with a bent spine or twisting while lifting can strain the discs.
Genetic Predisposition
Genes also determine a person's susceptibility to herniated discs. Some people may inherit a predisposition to disc degeneration, making them more prone to experiencing such issues.
Sedentary Lifestyle
Modern lifestyles often involve extended periods of sitting, whether at desks or in front of screens. Prolonged sitting can contribute to weakened muscles and poor posture, which increase the likelihood of developing herniated discs.
Herniated discs don't suddenly emerge in isolation; they often have identifiable triggers. From the sudden impact of accidents to the gradual effects of aging, victims must pinpoint the cause of the injury before filing a lawsuit.
Directly linking the herniated disc injury to the car accident can result in higher payouts. On the other hand, the defendant might try to dispute the disc herniation claim by showing previous medical conditions.
Common Symptoms of Herniated Disc Injuries
A persistent, localized back pain often serves as a red flag for a potential herniated disc. The discomfort may radiate from the spine to the arms or legs, depending on the location of the affected disc. This continuous ache worsens when the victim bends or sits for extended periods.
Numbness or Tingling Sensations
Herniated disc injuries can affect the nerves, leading to sensations of numbness or tingling. Patients may experience these sensations in the arms, legs, or feet. Victims who find themselves regularly experiencing "pins and needles" or a loss of sensation must seek medical attention for a thorough evaluation.
Muscle Weakness
Losing muscle strength in specific body areas may indicate nerve compression caused by a herniated disc. This weakness can manifest as difficulty gripping objects, lifting, or walking. Identifying and addressing these signs is crucial to prevent further complications.
Shooting Pain
A hallmark of herniated disc wounds is a shooting or sharp pain. This pain may travel along the path of the affected nerve, causing discomfort that ranges from mild to severe.
Discomfort While Sitting or Standing
People with slipped discs often find that certain positions, such as sitting or standing, worsen their discomfort. The pressure on the spine in these positions can intensify pain, making it a noteworthy symptom to consider.
Changes in Reflexes
Slipped discs can impact reflexes, leading to noticeable changes. Diminished reflexes or abnormal responses may indicate nerve compression. Regular check-ups with a healthcare professional can help monitor and detect such changes.
Factors Influencing the Total Herniated Disc Settlement Amount in Houston, TX
The bustling city of Houston witnesses its fair share of car accident cases. Thus, it's necessary to highlight the elements that sway the total settlement amount in a herniated disc claim.
Injury Severity
At the core of any herniated disc settlement lies the severity of the injury. The impact on the person's life determines the compensation value. From the intensity of pain to the limitations imposed on daily activities, the severity of the herniated disc shapes the final settlement amount.
Economic Damages
Tangible losses, often called economic damages, form a substantial part of herniated disc settlements. Medical bills, rehabilitation costs, and any expenses directly linked to the injury contribute to the economic damages considered in the negotiation process. A comprehensive assessment of these financial burdens is essential for a fair settlement.
Non-economic Damages
Beyond the tangible, non-economic damages include the intangible toll of a herniated disc. Pain and suffering, emotional distress, and the impact on the quality of life fall under this category. Though challenging to quantify, these non-economic factors influence the final herniated disc settlement amount, reflecting the holistic impact of the injury.
Insurance Coverage
The extent of insurance coverage available determines the herniated disc settlement. Victims must understand the insurance landscape before negotiating a comprehensive settlement. In this event, a car accident lawyer can help plaintiffs recover maximum compensation from the at-fault party's liability coverage.
Comparative Fault
In cases where the court distributes responsibility among multiple parties, the principle of comparative fault comes into play. Texas follows a modified comparative fault system. In such states, the herniated disc settlement amount may be reduced based on the degree of the victim's fault. Negotiating a fair settlement involves examining the accident's circumstances.
Overall Health and Age
Lastly, the overall health and age of the victim are factors that can impact the trajectory of a herniated disc settlement. Pre-existing conditions, the potential for future medical complications, and the impact of the injury on the victim's life expectancy shape the settlement negotiations.
Houston's vibrant energy presents a unique backdrop for bulging disc settlements. Each factor mentioned above influences the personal injury claim.
An experienced personal injury attorney in Houston can negotiate with the insurance company. They can help the victim recover compensation that pays for their medical expenses and physical therapy sessions.
What Does Modified Comparative Fault Mean Under Texas Law?
The Lone Star State sticks to the 51% Bar Rule, a modified form of comparative fault. According to this statute, an injured party can only recover damages if their degree of fault is less than 51%. In other words, if the victim is 51% or more responsible for the incident leading to the wound, the law bars them from recovering any settlement value from the insurance company.
However, in cases where multiple parties share responsibility for an accident, the court allocates liability among them. The jury or the court assesses the percentage of fault assigned to each party involved.
Once they assign liability, the result directly impacts the damages the victim(s) can recover. In this event, if the injured party is deemed 20% at fault, their awarded damages will be reduced by 20%.
Let's illustrate this with an example: If a person incurs $100,000 in damages due to a herniated disc in a car accident and is 30% at fault, the court reduces their recoverable damages to $70,000 (reflecting the 30% reduction).
Consulting a Texas Personal Injury Lawyer for the Best Outcome
In the aftermath of a personal injury, particularly one involving a herniated disc, seeking guidance from a seasoned Texas personal injury lawyer can be the compass that points toward the best possible outcome.
A skilled attorney acts as a guide, untangling the legal web and providing a clear roadmap. Their expertise ensures no stone is left unturned, optimizing the chances of a favorable outcome.
Dealing with insurance companies can be a labyrinth of paperwork and negotiations. A personal injury lawyer is well-versed in the tactics adjusters use. They ensure the agency doesn't compromise the victim's interests during discussions about compensation. They also can advise on an average settlement for back injury Texas.
From lost wages and medical expenses to physical therapy fees, attorneys ensure their clients recover appropriate compensation from the bulging disc injury claim.
Beyond the legal difficulties, consulting a Texas personal injury lawyer provides peace of mind. Victims can discuss their concerns, ask questions, and gain insights into the process.
This communication fosters a supportive attorney-client relationship, relieving the stress associated with proceedings. Expert guidance opens the door to justice. It creates a path toward recovery and resolutions. They can also explain an average settlement for traumatic brain injury Texas.
Final Words
The process of determining the average settlement value for one or two herniated disc injuries in Texas is far from straightforward. A skilled attorney is an invaluable ally in the pursuit of justice. Victims filing personal injury lawsuits can schedule free consultation sessions with Schuerger Shunnarah Trial Attorneys. Stating, "We Go to War for You," its lawyers help clients confidently fight the legal battle.