A herniated disc is a common injury in auto accidents, and the settlements vary greatly depending on the facts of each case. Two factors you should consider when calculating your herniated disc personal injury settlement are fault and preexisting injury.
Who Was At Fault?
One of the critical issues you must determine when calculating damages for a herniated disc is the assignment of fault—the percentage of blame assigned to each person involved. For example, if you were in a rear-end collision and the person who hit you was cited by police, it is likely that person will be 100 percent responsible for the accident, and you will be able to recover 100 percent of your damages. If your settlement is $2000, you will recover $2000.
In other cases, multiple parties may share the blame. A typical example may be an accident that took place during a lane change. In this example, you and the driver in the second vehicle may both be liable, and your settlement would be reduced based on your contribution to the accident. For example, if your damages are $2000 and you are 20 percent liable, then your recovery would be reduced by 20 percent and you would recover $1600.
Do not be discouraged from bringing a case if you bear some blame for the accident. This simply means you may have to re-evaluate your calculation and, depending on the evidence, you may be able to dispute your percentage of liability.
A second factor to consider when calculating your herniated disc personal injury settlement is the extent to which any preexisting injuries can impact your settlement. If you have no preexisting disc injuries, then any x-rays or imaging scans will be able to demonstrate that your injury is the result of the accident. If you have a history of back or disc injuries, then it is crucial that you obtain a proper diagnosis from a treating provider and x-rays or scans to support the new injury or exacerbation. Gather a full set of medical records and bills and make sure to follow-up on all recommended medical treatments.
If you have a herniated disc due to an accident or have questions about a personal injury settlement, call the experienced staff at the Kelly Law Team for a free consultation 602-283-4122.