The pain from a herniated disc can make life pretty miserable. When a herniated disc is the result of a car accident, not finding financial relief only adds insult to this painful injury.
How much of a settlement to expect from a herniated disc caused by a car accident in Florida depends on a number of factors as well as the circumstances of the accident.
Average Settlement for a Herniated Disc in Florida
The average settlement for a herniated disc in Florida is not an actual number that would be helpful to define because each case is so unique. Herniated discs are one of the most common injuries that may occur in a car accident.
They are also one of the most contested injuries for auto insurance companies. It is difficult to prove that the herniated disc was not a pre-existing condition. An MRI can prove the existence of a herniated disc, but not when the injury occurred.
Contesting Pre-Existing Conditions for Your Herniated Disc Injury
Insurance companies will often contest that the injury was caused by a car accident. This is why medical history will be important. A pre-existing condition does not necessarily mean that you are not entitled to a herniated disc car accident settlement in Florida. You may still be entitled to a settlement if the car accident aggravated the injury.
How Much of a Settlement to Expect from a Herniated Disc
As previously mentioned, there is no average settlement for a herniated disc in Florida. Your herniated disc settlement amount depends on a number of factors. These can include:
- Your medical history and pre-existing conditions,
- Your age,
- You salary,
- The prognosis of your herniated disc,
- How much pain and suffering you have endured because of the injury, and
- Who was at fault for the injury/car accident.
Your personal injury attorney can help you calculate the value of your damages and help you seek a fair settlement.
How Other Factors Impact Herniated Disc Settlement Amount
Unfortunately, the spinal cord does weaken with age, which means an older person may be more susceptible to injury. Someone who is retired and has a herniated disc from a car accident may not receive as much in their settlement because they may not have lost income because of the accident.
A herniated disc car accident settlement in Florida should include loss of wages due to injury.
The prognosis (outlook for recovery) and the amount of pain and suffering should also be taken into consideration. If your injury lasts a long time and prevents you from living your normal life, you should receive a bigger settlement for your herniated disc.
Treatment for your injury could include anything from physical therapy to surgery or steroid injections for your herniated disc.
How to Prove Damages for Your Herniated Disc Settlement in Florida
The best way to prove your case and receive the most for your herniated disc is to seek help from a personal injury attorney who has the experience and knows how to prove your claim in Florida.
A good personal injury law firm that focuses on auto accidents will have a step-by-step process to get you the relief you deserve. Some important documentation may include:
- An MRI or other tangible proof of herniated disc;
- Medical history showing any pre-existing conditions and their extent;
- Potentially, medical expert testimony as to the injury cause;
- Proof of current salary and loss of income; and
- Eye-witness testimony or the incident report.
This documentation can help you prove fault as well as the amount of your damages.
Tips to Get the Most Out of Your Herniated Disc Auto Accident Settlement
It is important to be careful with what you say and do, in any personal injury case. The comment “oh, I’m fine,” can come back to haunt you. It is best to secure legal representation as soon as possible, but in the meantime, here are some tips to help with your herniated disc auto accident settlement:
- File a police report immediately after the accident occurs;
- Get medical attention if you even suspect you may need it;
- Watch what you say to insurance companies who will downplay your injury;
- Keep a thorough record of all expenses related to the injury; and
- Do not sign anything without speaking to legal counsel.
Because there is no average settlement amount for a herniated disc in Florida, it is important to speak to a professional to get a better understanding of the strength of your case for relief. The experienced professionals at Emmanuel Sheppard & Condon can help you fight for the herniated disc settlement amount that you are entitled to.
And though they may not be able to fix your physical pain, you can rest comfortably knowing that you are working with some of the best personal injury attorneys in Florida.
Contact us today for your free consultation.