Key Takeaways
- Herniated disc injuries are a type of back injury that can lead to pain, suffering, and a decrease in quality of life.
- Common symptoms of herniated discs may include pain, numbness, tingling, and weakness.
- Pain associated with herniated discs can take weeks to months to heal.
- Victims of herniated disc injuries often have high medical bills, and insurance companies often try to decrease the value of an accident claim or avoid paying at all.
- Working with an experienced and knowledgeable Michigan personal injury attorney strengthens your ability to settle or litigate an accident claim associated with a herniated disc so injured parties can get the financial assistance they need.
Suffering from a herniated disc injury following a car accident is an agonizing ordeal. The pain, both physical and emotional, can be overwhelming. The uncertainty of the future, coupled with mounting medical bills and lost wages, adds to the distress. Worse still, navigating the legal complexities alone can feel like an insurmountable challenge.
Even with the recognition that legal assistance is necessary, the journey becomes infinitely more daunting when you choose the wrong representation. One Reddit user painfully discovered this mistake.
My girlfriend was in a car accident 4 years ago where she was deemed not at fault. The accident herniated a disc in her back […] She had two epidural shots, months of physical therapy, and still suffers with back pain and anxiety to this day. A family member referred my girlfriend to a lawyer where she has been receiving less than adequate service. They have been awful at explain the overall process of the case and responding to our questions. Nonetheless, they are near the closing of the case and the insurance company of the other driver is offering 30k. After covering my girlfriend’s medical bills and after the lawyers cut, my girlfriend would be left with a [measly] 6k.
The consequences of inadequate legal support can exacerbate an already dire situation, leaving accident victims feeling exploited and abandoned amidst their suffering.
At Matz Injury Law, we recognize the critical role of having the right advocate during challenging times. Our devoted team will accompany you every step of the way during your injury case and help you obtain the justice and compensation you are entitled to.
Contact the Matz Injury car accident lawyers at 1-866-22Not33 to schedule a free consultation to discuss your injury claim.
What Exactly is a Herniated Disc?
Some doctors might refer to a herniated disc as a slipped or ruptured disc. According to the Cleveland Clinic, every year, up to two percent of people suffer from herniated discs.
A herniated disc injury occurs in the spine. Between the vertebrae (bones) in your back are discs, which are round, rubbery “cushions” that keep your bones from touching/rubbing together. If a disc leaks or tears, the disc becomes herniated.
Bulging Disc Vs. Herniated Disc: What’s the Difference?
While these two medical terms are often used interchangeably, there are some differences between these types of spinal disc injuries.
Bulging Disc
- Might only affect part of the disc or multiple discs
- Affects the outer layer of a disc’s tough cartilage
- Symptoms set in gradually
- Injury can lead to other disc-degeneration issues
Herniated Disc
- Occurs when a crack in the tough cartilage allows soft inner cartilage to stick out
- Affects a small area of the disc where the crack occurs
- Likely to cause more pain than a bulging disc
- Nerve roots may be irritated
- Often caused by acute injury
Can a Car Accident Cause a Herniated Disc?
Car accidents are a common reason why people suffer herniated disc injuries. This is due to the significant forces exerted on the body during a collision while they are in a seated position. A herniated disc injury often causes severe pain, along with debilitating symptoms that disrupt day-to-day activities.
When a person suffers symptoms after a car accident, an MRI can confirm whether one exists. Doctors can also examine the patient to see if they have annular tears caused by trauma, not wear and tear (e.g. old age).
Common Symptoms of a Herniated Disc After a Car Accident
Most people suffering from a herniated disc experience symptoms in the lower back when a rupture occurs, sometimes with severe pain. They may also feel symptoms in their neck. These symptoms include:
- Inflammation
- Arm, leg, buttocks, thigh, or calf pain (lower back disc)
- Back pain
- Neck pain
- Shoulder and arm pain (neck disc)
- Pain near or between shoulder blades (neck disc)
- Numbness
- Tingling
- Weakness in muscles
- Other areas of pain or numbness
How is a Herniated Disc Diagnosed After a Car Accident?
Diagnosis
Physicians will use diagnostic tools and techniques to identify a herniated disc injury following a car accident.
- X-rays
- CT Scans (Computerized Tomography)
- MRI (Magnetic Resonance Imaging)
- EMG (Electromyography)
- SPECT (Single-Photon Emission Computerized Tomography)
- Myelography
Once your doctor diagnoses an injury, they will evaluate the different treatment options to identify the best one.
Treatment Options Available
Doctors will normally try various different treatment options to help provide relief and promote healing for herniated discs. These may include:
- OTC pain medications
- Neuropathic prescription drugs
- Muscle relaxants
- Avoiding specific movements
- Physical therapy
- Cortisone injections (such as epidural steroid injections)
In severe cases of disc herniation, healthcare providers may recommend surgical intervention.
- Fusion surgery
- Discectomy surgery
- Laminectomy/decompression
- Vertebroplasty
- Artificial disc implant
Surgical interventions are sometimes a physician’s recommended next step if conservative approaches do not help.
Tips For a Quick Recovery
Recovering from disc herniation can be a difficult path. You can’t rush recovery, but what you can do is take good care of yourself, follow doctor’s orders, and try various approaches.
- Practice good diet, exercise, and lifestyle habits
- Get plenty of sleep
- Maintain good posture
- Engage in low-impact activities
- Use heat and cold therapy
- Follow physician suggestions for pain management
Being proactive with a herniated disc injury will help you potentially reduce pain and suffering as you heal and get on the road to recovery.
Immediate Steps to Take After a Herniated Disc From a Car Accident
The aftermath of a car accident can be confusing and stressful, but it is important to take the following steps immediately or at least as soon as possible.
Get Examined Immediately
Obtaining a physical examination and getting diagnostic testing as soon as possible can help you get a better long-term prognosis. Early medical attention, intervention, and treatments can get you back on the road to recovery, whereas delaying seeking a healthcare provider’s assistance can exacerbate the problem and worsen it.
Get Medical Treatment
Once you receive a slipped disc diagnosis, you will want to start following the prescribed treatment plan. Your doctor may suggest a specific approach or want to try a variety of treatment options to determine the one that will provide the best relief and long-term prognosis.
Document Your Injuries
The importance of documenting injuries from a car accident cannot be understated. When it comes time to pursue compensation, the documentation you have accumulated will play a pivotal role in proving your case.
Start the paper trail as soon as possible after the accident. This will help you avoid encountering future problems with insurance or trying to prove your injury is linked to the car accident; this creates a clear temporal relationship and makes it more likely for you to receive money to cover the cost of your current medical care and future treatments.
Talk to an Attorney
While it is possible to represent yourself in a herniated disc injury case, this can reduce your chances of receiving compensation. Insurance companies notoriously try to deny or lowball accident claims and may manipulate victims into accepting lower settlements than what they deserve. A knowledgeable attorney will know how to gather evidence, negotiate, and receive a fair settlement. If a reasonable settlement
Tell Your Auto Insurance Company
After the accident, you will need to inform your insurance company about the crash and your injuries within one year of the accident so you can obtain no-fault insurance benefits. In Michigan, this is referred to as a “written notice of injury” and must be filed within one year. Do not sign anything or talk to an agent in detail because this could potentially harm your claim. Allow your attorney to handle communications.
Can You Sue for a Herniated Disc After a Car Accident?
Victims suffering from herniated discs following a car accident can sue for their injuries. If another party’s negligence caused your accident, you may file a personal injury claim against that party to seek compensation for medical expenses, lost wages, and pain and suffering.
It is not uncommon for insurance to refuse payment, or if they do offer compensation, it may not be enough to cover the costs associated with a herniated disc injury. Expenses can include medical bills, surgery, medication, pain and suffering, travel to appointments, lost wages, and loss of future wages, to name a few types of damages.
Average Compensation & Settlement For a Herniated Disc From a Car Accident
The compensation or settlement for a herniated disc from a car accident can vary significantly, as it depends heavily on the specific circumstances of each case. Factors such as the severity of the injury, the extent of medical treatment required, ongoing pain or disability, and the impact on the victim’s ability to work all play a crucial role in determining the final settlement amount.
While it’s difficult to provide a precise figure due to these individual factors, typical compensation for herniated disc injuries can range from $25,000 to $125,000. In more severe cases, especially those requiring surgery or resulting in long-term disability, settlements can exceed this range. Partnering with Matz Injury Law means having a dedicated and professional legal team ready to fight for the compensation you deserve. Our experienced attorneys understand the complexities of herniated disc cases and will work tirelessly to secure the maximum settlement for your medical expenses, lost wages, and pain and suffering.
Factors That Influence a Herniated Disc Accident Settlement
The following factors typically influence settlements of herniated disc injury cases.
- Duration and severity of your injuries
- Number of discs injured
- Whether you require surgery
- Any major complications with the neck or lumbar spine
- Insurance coverage of the at-fault motorist
- Total amount of medical expenses
- Total loss of income and future wages
- How your injuries impact your ability to live life as you did pre-accident
- Experience and reputation of your personal injury lawyer
- Degree of negligence on the part of the at-fault driver
Essentially, your payout will depend upon your specific situation. Working with a skilled car accident attorney is essential. Your lawyer will gather evidence, analyze your medical records, ascertain the extent of your injuries, estimate future medical expenses, and determine the value of your accident injury case.
How Our Experienced Car Accident Attorneys Can Help
For decades, Matz Injury Law has been on Michigan’s side regarding personal injury, auto accidents, and more. With our extensive experience and steadfast support, you can trust us to navigate your case with thoroughness and empathy.
The attorney-client relationship is very important to us. Our personal injury attorneys at Matz Injury Law are committed to standing by your side and helping you receive justice. If you or a family member is suffering a herniated disc injury, soft tissue injury, annulus tear, cervical spine injury, muscle weakness, or another type of personal injury, contact us to discuss your accident case.
Plus, we only charge a 22% contingency fee of the final settlement value. Other Michigan attorneys charge 33 1/3% of your total settlement amount. Our compassionate attorneys understand the trauma and suffering accident victims go through. Allow us to be your dependable partner in pursuing the justice you rightly deserve.
Testimonials
“For anyone looking for an attorney, please look no further than Matz Injury Law!! Not only was Jared professional, he helped me beyond what I could have asked for. I’m so thankful for you all!!! To say I’m appreciative and grateful is an understatement. There’s no need to look for any other attorneys for your auto accidents!! They are so wonderful!!! Highly recommended 10/10!!!!!” — Tessa C.
Whenever I needed to talk to Steve he was always there and still always will be, I know I can always trust him, and if I need anything he will help me out. I seriously couldn’t have asked for a better lawyer to share this journey with, if I had to do it all over again I wouldn’t change my lawyer and if I ever need a lawyer again he will always be my first choice.” — Kristina K.
Additional Resources
- Spine Injury From Car Accident: Guide to Injury Compensation: Auto accidents are a primary cause of spinal injuries (42%) in the United States. This is a serious injury that can lead to loss of mobility or function. Victims can pursue compensation for their damages and a settlement is typically based on the severity of the injury.
- Average Settlement For Car Accident Back And Neck Injuries: Several factors can impact a settlement amount for back and neck injuries in Michigan. How much a claim’s value is will depend upon the severity of the injury but can range from $40,000 to $100,000 and up.
- Seeking Compensation For Whiplash And Nerve Damage From Car Accident: Car accidents frequently lead to nerve damage. The extent of damage will vary based on the location of the injury and how it affects the body. Because nerve injuries are hidden injuries, they can be difficult to prove, but a skilled Michigan car accident attorney can help you pursue compensation to cover your costs, along with pain and suffering.
- Does Health Insurance Cover Car Accident Injuries?: In some instances, health insurance will cover car accident injuries or no-fault insurance may work in conjunction with healthcare insurance. An experienced Michigan car accident attorney can help you coordinate your insurance and explore options to secure compensation to cover future losses and pain and suffering.
The Right Advocate Makes All the Difference
Herniated disc injuries can significantly disrupt your life, especially if the injury is not healing as it should or if you have other secondary injuries compounding your pain and suffering. Dealing with financial hardships along with pain can put stress on you and your loved ones.
Having the right advocate after suffering injury from a car crash can make all the difference in times of adversity. This way, you have someone by your side to do negotiations and provide you with legal advice.
Our attorneys have logged thousands of miles traveling throughout Michigan to support injury victims. To schedule your free case evaluation at our law firm, call Matz Injury Law at 1-866-22Not33 or fill out our online contact form.
Frequently Asked Questions
Whiplash is a frequent injury associated with car accidents resulting from sudden acceleration and deceleration. Many symptoms of whiplash are similar to those of herniated discs. In fact, long-term symptoms from whiplash could potentially stem from a herniation or another type of disc injury in the neck. Diagnostic tools such as X-rays, CT scans, and MRIs can help identify a herniated disc, enabling the doctor to suggest suitable treatment options.
The VA’s standard gives a good general idea of how herniated disc disability is rated based on incapacitating episodes.
- 10% disability: Occurring at least once a week but less than two weeks over one year
- 20% disability: Occurring at least two weeks but less than four
- 40% disability: Occurring for four weeks but less than six
- 60% disability: Occurring for six weeks or more
People can recover from herniated discs, but the disc will never return to its normal state once injured. The pain may subside, but since the disc is never perfectly healthy, herniated discs are a permanent type of injury.
Herniated discs can result in disability or chronic pain, especially if not properly treated by a medical professional. More serious symptoms can emerge if other spinal cord damage is present with the injured discs.
It can be scary sustaining a herniated disc, and you might worry if your neck or lumbar disc injury is a permanent injury. By getting proper medical care and avoiding additional injury, you’ll likely see signs of healing.
In most cases, pain from herniated discs will subside within two to 8 weeks. However, sometimes, your herniated disc might take up to six months to fully heal. Doctors usually recommend OTC pain relievers and limiting activities causing discomfort or pain.
If limiting yourself and taking pain relievers do not help, you may need to start physical therapy, chiropractic treatments, or steroid injections to treat your chronic pain. Surgery, such as a discectomy or spinal fusion surgery, is typically reserved for the most severe cases where other lesser-invasive medical treatments do not help.
If you have pre-existing back or neck issues that were worsened by a car accident, you can still pursue compensation for the aggravation the crash caused. Be sure to document everything in detail and seek professional legal assistance to help you successfully navigate the claim process.
Factors the insurance adjuster will consider when examining your herniated disc case include:
- Severity of injury
- Available insurance coverage and policy limits
- Medical care and related expenses
- Missed work/lost income
- Blaming pre-existing conditions as a way to avoid payouts
Michigan is a no-fault insurance state, so you will first go through your insurance policy. You should speak with an experienced car accident attorney because they know how to negotiate with insurance companies and find other means to seek compensation.
Unfortunately, it is difficult to predict how much compensation, or even an average settlement, you will get for a herniated disc injury. An insurance adjuster or jury verdict will take several factors into account before an injury settlement can be reached.
