Grass Valley Cervical, Thoracic and Lumbar Disc Herniation Lawyer
A herniated disc occurs when the fibrous outer portion of the disc ruptures or tears, and the jelly-like core squeezes out. When the herniated disc compresses a nearby nerve, as in the video below, the result can be a “pinched” or impacted nerve. A pinched nerve may “radiate” causing pain, numbness, tingling or weakness in the arms or legs. The substance that makes up the disc’s jelly-like core can also inflame and irritate the nerve, causing additional pain at the location of the herniation.
The sections of your spine, are broken down into three segments: The cervical, thoracic and lumbar portions of your spine.
Cervical. The cervical portion of your spine involves the first seven vertebrae at the top of your spine near your neck.
Thoracic. Below cervical spine is the thoracic portion of your spine, which is home to the next 12 vertebrae.
Lumbar. Underneath the thoracic spine sits the lumbar portion of your spine, which involves the next five vertebrae.
Left With Back Pain After a Grass Valley Car Accident? Call Us for a Free Consultation Before Talking to the Insurance Company
Can I Collect a Herniated Disc Settlement in California if I Have a Pre-Existing Spinal Injury?
In California, it is possible to collect a herniated disc settlement even if you have a pre-existing spinal injury. However, the process of pursuing a settlement may be more complex due to the presence of a pre-existing condition. Here are some key points to consider:
Aggravation of Pre-Existing Condition: If the herniated disc is a result of the truck accident and has aggravated or worsened your pre-existing spinal injury, you may still be eligible to seek compensation. California law recognizes the concept of "eggshell plaintiff," which means that the at-fault party is responsible for compensating the injured person for the full extent of their injuries, regardless of pre-existing conditions.
Burden of Proof: To successfully collect a herniated disc settlement, you will need to establish a clear link between the truck accident and the exacerbation of your pre-existing spinal injury. This may require medical evidence, such as expert opinions from healthcare professionals, diagnostic tests, and medical records, to demonstrate that the accident directly caused the herniated disc or significantly worsened your pre-existing condition.
Comparative Fault: California follows a comparative fault system, which means that the amount of compensation you can recover may be reduced if you are found partially responsible for the accident. However, your pre-existing condition should not be used against you to shift blame for the herniated disc injury. It is important to consult with an attorney who can help protect your rights and ensure that your pre-existing condition does not unfairly impact your claim.
Damages and Compensation: In a herniated disc settlement, you may be entitled to various types of compensation, including:
a. Medical Expenses: This can include costs associated with doctor visits, diagnostic tests, surgeries, physical therapy, medication, and future medical treatments related to the herniated disc.
b. Lost Wages: If the injury has caused you to miss work or has affected your ability to earn a living, you may be eligible to seek compensation for lost wages and potential future earnings.
c. Pain and Suffering: Compensation may be available for the physical pain, emotional distress, and diminished quality of life resulting from the herniated disc.
d. Rehabilitation and Therapy: If the herniated disc requires ongoing rehabilitation or therapy, the costs associated with these treatments may be included in your claim.
Legal Representation: Given the complexities involved in a herniated disc settlement, it is advisable to consult with an experienced spine and back injury attorney. An attorney can assess the specifics of your case, gather relevant evidence, navigate the legal process, negotiate with insurance companies, and advocate for your rights. They will work to ensure that your pre-existing condition is not used against you and help you pursue fair and appropriate compensation.
In summary, while a pre-existing spinal injury may present additional challenges, it should not prevent you from seeking a herniated disc settlement in California if the accident exacerbated your condition. With proper legal representation and the necessary evidence, you can pursue compensation for your injuries, medical expenses, and other damages resulting from the herniated disc caused by the truck accident.
What’s the Difference Between a Bulging Disc and a Herniated Disc?
You've probably heard the terms bulging disc and herniated disc before. And, chances are, you know they both have to do with something in your spine. You probably know both can be painful, too — but are they the same thing? In a word: Nope.
Different terms may be used to describe a herniated disc. A bulging disc (protrusion) occurs when the disc annulus remains intact, but forms an out-pouching that can press against the nerves. A true herniated disc (also called a ruptured or slipped disc) occurs when the disc annulus cracks or ruptures, allowing the gel-filled center to squeeze out. Sometimes the herniation is so severe that a free fragment occurs, meaning a piece has broken completely free from the disc and is in the spinal canal.
Both a bulged disc and a herniated disc are serious injuries. Depending upon whether the herniated disc is pressing on nerves, it may cause extreme pain and functional limitation or no pain or functional limitation at all. Regardless, a herniated disc is a permanent disability. The injured disc will never fully recover increasing the likelihood of additional injury or further degeneration as a person ages.
A herniated disc can push on or irritate nearby nerves that can result in pain and radiculopathy (pain, numbness or weakness that radiates into the arms or legs).
Herniated discs can result in several different conditions:
Radiculopathy is a condition caused by compression, inflammation and/or injury to a spinal nerve root. Pressure on the nerve root results in pain, numbness, or a tingling sensation that travels or radiates to other areas of the body that are served by that nerve, including the arms and legs. Radiculopathy may occur when spinal stenosis or a herniated or ruptured disc compresses the nerve root.
Sciatica is a form of radiculopathy caused by compression of the sciatic nerve, the large nerve that travels through the buttocks and extends down the back of the leg. This compression causes shock-like or burning low back pain combined with pain through the buttocks and down one leg, occasionally reaching the foot. In the most extreme cases, when the nerve is pinched between the disc and the adjacent bone, the symptoms may involve not only pain but numbness and muscle weakness in the leg because of interrupted nerve signaling.
Spondylolisthesis is a condition in which a vertebra of the lower spine slips out of place, pinching the nerves exiting the spinal column.
Spinal stenosis is a narrowing of the spinal column that puts pressure on the spinal cord and nerves that can cause pain or numbness with walking and over time leads to leg weakness and sensory loss.
Disc Herniation Diagnosis
MRI is the most commonly used imaging for this condition. Plain x-rays of the affected region are frequently used to round out the vertebral evaluation. Please keep in mind that a disc herniation cannot be seen on standard x-rays. Before MRI, CT scans and myelograms were more commonly used, but they are now rarely ordered as the initial diagnostic imaging, unless special circumstances warrant their use. An electromyogram is rarely used.
X-ray: The use of radiation to create a film or picture of a body part can reveal the structure of the vertebrae and the outline of the joints. X-rays of the spine are taken to look for other potential causes of pain, such as tumors, infections, fractures, and so on.
Magnetic resonance imaging (MRI): A diagnostic test that uses powerful magnets and computer technology to create 3D images of body structures; can show the spinal cord, nerve roots, and surrounding areas, as well as enlargement, degeneration, and tumors.
CT or CAT scan: A diagnostic image created after a computer reads X-rays; can show the shape and size of the spinal canal, its contents, and the structures surrounding it.
Myelogram: An X-ray of the spinal canal after a contrast material is injected into the surrounding cerebrospinal fluid spaces; can show pressure on the spinal cord or nerves caused by herniated discs, bone spurs, or tumors.
EMG and Nerve Conduction Studies (EMG/NCS): These tests measure the electrical impulses that travel along nerve roots, peripheral nerves, and muscle tissue. This will show whether there is ongoing nerve damage, if the nerves are healing from a previous injury, or if there is another site of nerve compression. This test is rarely ordered.
How to Maximize Your Recovery in a Grass Valley Disc Herniation Claim?
To maximize your recovery in a Grass Valley disc herniation claim, consider the following steps:
Seek Immediate Medical Attention: Get a thorough medical evaluation to document your injuries and ensure proper treatment.
Preserve Evidence: Collect and preserve all evidence related to your accident, including medical records, accident reports, photographs, and witness statements.
Consult with an Experienced Disc Injury Attorney: Engage a personal injury attorney with expertise in disc herniation cases to guide you through the legal process and help you build a strong case.
Document Damages: Keep a record of all medical expenses, lost wages, and other financial losses resulting from your injury.
Follow Medical Recommendations: Adhere to your healthcare provider's treatment plan and attend all necessary appointments.
Maintain a Pain Journal: Document your pain levels, symptoms, and how the injury impacts your daily life.
Don't Accept Early Settlement Offers: Insurance companies may offer quick settlements, but they are often inadequate. Consult your attorney before accepting any offers.
Consider Long-Term Effects: Factor in potential long-term consequences of your injury, including ongoing medical treatments, rehabilitation, and loss of earning capacity.
Negotiate Aggressively: Your attorney will negotiate with the responsible party's insurance company to secure a fair settlement that compensates you for all damages.
Be Prepared for Trial: If a fair settlement cannot be reached, your attorney should be prepared to take your case to trial and present a strong argument on your behalf.
Remember, every case is unique, and the specific strategies to maximize recovery will depend on the details of your situation. Working closely with an experienced disc injury attorney will ensure that your rights are protected, and you receive full and fair compensation you deserve for your disc herniation claim in Grass Valley.
What Can a Lawyer Do For My Grass Valley Disc Injury?
If you have suffered a disc injury in Grass Valley, it is highly advisable to hire a lawyer to represent you. While it is not a legal requirement, having legal representation can significantly increase your chances of obtaining fair compensation for your injuries. Here are some reasons why hiring a lawyer for your disc injury case is beneficial:
Legal Expertise and Experience: Disc injury cases can be complex, involving medical evidence, legal procedures, and negotiations with insurance companies. A personal injury lawyer specializing in disc injuries understands the legal complexities associated with such cases. They have the knowledge and experience to navigate the legal system effectively, ensuring that your rights are protected and your best interests are represented.
Gathering and Presenting Evidence: Establishing a strong case requires gathering and presenting evidence to support your claim. A lawyer will know how to obtain medical records, diagnostic reports, and expert opinions to demonstrate the severity and impact of your disc injury. They can also collect evidence related to the accident itself, such as accident reports, witness statements, and any available video footage. By building a robust case, your lawyer can present a compelling argument to support your claim for compensation.
Determining Liability: Determining liability in a disc injury case can be challenging, especially if there are multiple parties involved, such as negligent drivers, employers, or manufacturers. A skilled lawyer will investigate the circumstances surrounding your accident, assess all potentially responsible parties, and gather evidence to establish liability. They can also navigate comparative fault rules, ensuring that your recovery is not unfairly diminished if you are partially at fault for the accident.
Calculating Damages: Evaluating the true value of your disc injury claim requires a thorough understanding of the law and experience in assessing damages. A lawyer will consider various factors, such as medical expenses, lost wages, pain and suffering, future medical needs, and diminished earning capacity, to calculate the full extent of your damages. They will advocate for your right to fair compensation, ensuring that no losses or expenses are overlooked.
Negotiating with Insurance Companies: Insurance companies often employ tactics to minimize their liability and settle claims for as little as possible. They may downplay the severity of your disc injury or attempt to shift blame onto you. Having a lawyer by your side can level the playing field. Your lawyer will handle all communication and negotiations with the insurance company, protecting your rights and ensuring that you are not taken advantage of. They will strive to secure a fair settlement that adequately compensates you for your injuries and damages.
Trial Representation: While many personal injury cases are settled outside of court, there are instances where litigation becomes necessary. If your case goes to trial, having a lawyer who is experienced in courtroom proceedings is invaluable. At Phillips Personal Injury, we have that experience. Insurance copanies fight hard against disc injury claims and we have the experience to fight back to obtain full and fair compensation for your injury.
Do I Need a Grass Valley Disc Herniation Lawyer?
Dealing with Insurance Companies After a Back Injury
Insurance companies know that neck and back injuries can easily become complicated and expensive as they often require substantial medical treatment, including extensive physical therapy and potentially multiple surgeries to correct. They are also aware that many of these injuries progress into lifelong injuries that can destroy your quality of life and prevent you from working or enjoying your hobbies. Unfortunately, a lot of personal injury lawyers settle these types of cases for far less then they should, buying in to the insurance refrain it’s “only a sprain strain”! At Phillips Personal Injury, we have the knowledge, and fight hard to make sure our clients receive full and fair compensation for their back injury.
Please don’t let the insurance companies harass you or pressure you into taking less than you deserve. If you or a loved one has suffered neck or back injury due to the negligence of another, we are committed to helping you receive the medical treatment that you need and seek the compensation you deserve. We are driven to seek the maximum compensation for our clients and to help you to overcome the challenges created by the wrongful acts of others. If you believe your neck or back injury was caused by the carelessness of another, please contact Phillips Personal Injury immediately for your free consultation.
Phillips Personal Injury from our office in Nevada City helps clients in the greater Sacramento area including Grass Valley and Nevada County. We invite you to call us for a free consultation with any questions you may have.
What Are the Costs to Retain Your Firm to Represent Me?
Nothing. We work strictly on a contingency fee basis. Our fee agreement specifically states that you owe us nothing unless we make a recovery on your behalf. If there is no recovery, you do not owe us anything.
Will I Be Able to Speak With You If I Have a Question About My Case?
Absolutely. We are always just one phone call away. We pride ourselves on being accessible to our clients and strive to return all phone messages the same day.
Will We Have o Go to Trial on My Case?
Whether your case goes to trial or not depends on various factors specific to your situation. It's important to understand that the majority of personal injury cases, including disc injury cases, are resolved through settlement negotiations outside of the courtroom. In fact, most parties involved prefer to reach a settlement rather than go through the time, expense, and uncertainty of a trial.
However, we are always preparing each case for trial and tell our clients that they must be willing to go to trial if the defendants are unwilling to make a reasonable offer. Our job is to make the defendants offer full and fair compensation for your injury prior to trial.
Ultimately, the goal is to achieve the most favorable outcome for you, whether through negotiation or litigation.