Bulging and Herniated Disc Lawsuits and Settlements

On Behalf of | Dec 13, 2017 | Personal Injury

You fell or maybe you were in a car accident. You suffered a significant injury to your back. A few weeks later, you learn that you have damaged your spinal column and now have a herniated disc. Treatment is expensive. The pain is chronic. You’re missing work and there may be a big surgery in your future. In this situation, you may feel overwhelmed and without the help you need. If someone’s negligent behavior caused your losses, seek out the help of a legal team to assist you.

Herniated Disc and Bulging Disc Settlements

It is common for individuals to suffer Disc injuries after trauma.  Below are just a few examples of cases in Florida that demonstrate recoveries in disc injury cases.

Nathanson vs. Houss

A key example of this is in the case of Nathanson vs. Houss. In this case (Fla. Dist. Ct. App. 1998), Mr. Houss (a doctor) was injured in a rear end collision. At the time of the filing, the accident was considered a minor incident with both vehicles traveling at a slow speed. Nonetheless, Mr. Houss was hurt in the accident and suffered loss due to a herniated disc. He claimed the damage to his spinal column was the result of the rear-ending accident. Though the fight for this case went on for some time, Dr. Houss eventually won his case.

Ramey vs. Winn-Dixie

One example of this is a case called the Ramey vs. Winn-Dixie Montgomery, Inc. (Fla. Dist. Ct. App. 1998) case. In this case, an individual visiting a Winn-Dixie location named Mr. Ramey slipped on the floor and fell. In this situation, he sought after medical care and was told that he suffered a herniated disc. His doctors told him he would likely suffer chronic pain for the rest of his life as a result of the condition. Mr. Ramey, who did not have any insurance coverage, sought financial support from the grocery chain.

Is Your Disc Injury the Result of a Negligence?

Ultimately, a herniated disc or bulging disc can occur as a result of a fall, slip, twist, or a variety of other instances in which there is impact or trauma to the proper alignment of the spine. if you were involved in a car accident or fall accident, you may have suffered this type of injury.

Herniated discs can worsen over time. You should meet with your doctor right away to establish the condition’s presence but also to determine if the incident was the direct cause of the injury or the worsening of it. It’s also important to note that you may have had a slipped disc or bulging disc prior to your accident and felt no pain. This doesn’t mean you don’t have a case – you may have a case if the accident led to the development of pain.

Providing the Cause of Your Disc Injury

The most challenging component of this type of case is proving that the incident that occurred – such as the fall or the rear-ending – was the proximate cause of your injury. This can be challenging to prove, especially if you have a pre-existing condition or have been treated for neck or back pain previously. It is our job to establish that the injury was the cause or that the injury aggravated the condition.

Because of how difficult this type of case can be, it is essential to turn to a professional that has extensive experience in representing individuals who have sustained bulging discs or herniated discs.

What to Expect from a Bulging or Herniated Disc Settlement

Depending on the severity of your bulging or herniated disc injury, recovery times can vary. Your age and the severity of your symptoms also determines how long it will take to heal and the type of treatment. Sometimes, the injury can be so severe that it will require long-term care.

While insurance companies may cover your initial medical treatments, they may not cover your future medical costs if you require long-term care. This is why attaining a settlement with a personal injury attorney is important. A settlement can help cover your future medical procedures or even surgery if your bulging or herniated disc injury does not resolve on its own.

What Will the Insurance Company Help Cover?

The insurance company can help cover the following costs:

  • Medical treatments
  • Property loss
  • Wage loss
  • Injuries
  • Pain and suffering
  • Punitive damages

What Will a Personal Injury Attorney Help Cover with a Settlement?

Our Miami personal injury attorneys know that the initial offer from an insurance company can seem low. We know that you will need financial support in the near future, whether it be because you cannot go back to work as quickly as you thought you would or you need another surgery. This is why it’s helpful to have an attorney on your side.

We know the process of determining a fair settlement. You have the right to receive the compensation you deserve.

How Long Is the Process for a Herniated or Bulging Disc Settlement?

Depending on how long your recovery from the injury takes, the time it takes to settle your case can vary. For example, you may have only a few months of treatment for your bulging or herniated disc, or you may have to be in treatment for a year.

If your bulging or herniated disc injury is healing, and you’re feeling well, our attorneys can send a settlement demand to your insurance company. From there, the insurance company will usually respond within 30-days with an offer to settle the case.

Unfortunately, some insurance companies can take months or years to settle a case. This usually occurs when a complex case goes to trial.

How Can You Get Help for Your Injury?

Don’t settle your case without talking to an attorney. At Kaire & Heffernan, LLC, we can help you. Call us today to schedule a free consultation to discuss your case. Our team has extensive experience helping individuals suffering from a bulging discs, herniated discs, and other types of spine injuries.

Related Information

Mark Kaire has been practicing law in Miami for nearly 15 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for 4 years.