Compensation for Bulging and Herniated Discs
The spine is a complex machine with many functions and tasks, so any trauma that affects the delicate tissues can lead to serious medical complications.
One particularly painful injury involves herniated spinal discs, the tiny pillows that cushion the bones of the spine. You can get a bulging disc from a car accident, a slip and fall, a workplace incident, or in many other situations. The pain can be excruciating, and the recovery period may be lengthy. Fortunately, Nevada law allows you to recover bulging disc compensation from the responsible party.
At Paul Padda Law, our Las Vegas catastrophic injury lawyers know that it’s difficult to think about fighting for your rights while you’re suffering from a bulging disc injury. We’re happy to shoulder the legal burdens for you, so you can take the time you need to heal. A knowledgeable attorney from our firm will explain your options for herniated disc compensation, and tell you more about how these cases work. To schedule a free consultation of your case, contact us today at (702) 366-1888.
Common Causes of Herniated Disc Injuries
Any physical trauma can cause herniated and bulging discs, but you may be entitled to recover bulging disc compensation when it’s the result of an accident that wasn’t your fault. Some of the more common scenarios that can lead to these injuries include:
- Auto, truck, and motorcycle collisions, where high speeds can lead to a violent blow to the back.
- Pedestrian and bicycle accidents, which can be particularly catastrophic due to the size and weight of a vehicle that strikes the victim.
- Slip and fall incidents, such as those that occur because of dangerous conditions on property.
- Workplace accidents and repetitive motion injuries.
Seeking Compensation for a Bulging Disc
Though the exact details vary, most of the above accidents are the result of negligence. You must prove very specific elements to succeed in a claim for herniated disc compensation:
- The responsible party had a duty to exercise reasonable care when acting, so as to not cause a risk of harm to others.
- The party breached this legal duty.
- Direct causation between the breach and your bulging disc injury must exist.
- You suffered losses as a result of being hurt.
If you can prove the essential elements of a claim for negligence, you may be able to recover two types of monetary damages for herniated disc injuries:
- Economic damages, such as medical bills for treatment and your lost wages
- Non-economic damages, including pain, suffering, diminished quality of life, losses that affect your personal relationships, and more
In most negligence-based cases, you’ll follow a certain process to recover herniated disc compensation.
Filing an Insurance Claim
It’s likely that your first step will be pursuing the insurance company that provides coverage for the responsible party. For instance, if you suffered a bulging disc in a car accident, you file a claim with the negligent driver’s insurer. An attorney can help you complete the forms and gather the necessary evidence to prove your right to compensation. If your claim is approved, you will receive funds for a herniated disc settlement shortly thereafter.
However, the real-life claims process is rarely easy. It can be challenging to work with an insurer to seek compensation for your injuries, because these companies are in the business to make money. They don’t increase profits by paying out large amounts to claimants, so the insurance company will typically respond with a much lower counteroffer. In some cases, the claims adjuster may contest fault, state that your own actions caused you to suffer a herniated disc in a car accident, and reject your claim.
If you cannot reach a bulging disc settlement with the insurance company, you may need to take your claim to court. You could file a herniated disc lawsuit to recover the two types of damages mentioned above. A Las Vegas personal injury lawyer from our firm can represent you throughout the process and fight for you to receive the compensation you deserve for bulging disc injuries.
What About Workers’ Compensation?
The process for recovering damages after a work-related herniated disc injury is somewhat different. Nevada has implemented a workers’ compensation program that pays out benefits to eligible employees who are hurt on the job. You don’t have to prove the elements of negligence to receive workers’ compensation for a bulging disc, but filing your claim with the Nevada Department of Industrial Relations is your sole remedy. There are some exceptions to this rule, such as when:
- Your employer engaged in intentional acts to cause your bulging disc injuries
- Your employer doesn’t carry workers’ comp insurance as required by law
- A third party caused your injuries