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What Damages Can I Recover for a Herniated Disk?

Posted on May 31, 2022 in

A herniated disk is a relatively common injury, often occurring due to repetitive motions while performing daily tasks. In cases where someone else’s actions cause you to suffer a herniated disk, you may qualify for legal action against the liable party.

Herniated disks can be quite painful and lead to limited mobility for quite a while; pursuing a lawsuit can help you recover from the physical, financial, and emotional impact of the injury. However, it is important to know which damages you qualify for.

What Is a Herniated Disk?

The spinal column is made up of a series of bones, called vertebrae, which protect the spinal cord. Between each vertebra is a spinal disk, a rubbery structure that prevents the vertebrae from rubbing together. There are two components of a spinal disk: the annulus, or the tough, rubbery exterior, and the soft center or nucleus.

A herniated disk occurs when the annulus tears, causing the nucleus to push out. This injury can occur in any part of the spine, leading to the following symptoms.

  • Arm, leg, or neck pain
  • Numbness or tingling
  • Weakness in the limbs

While herniated disks often occur due to gradual wear and tear over time, some injuries occur due to a traumatic event. For example, severe impact during a car accident can cause a disk to slip out of place. Falls from high places may also lead to this injury.

Economic and Non-Economic Damages Available in a Herniated Disk Claim

If you are injured in an accident caused by someone else and develop a herniated disk, you may be eligible for financial compensation. Depending on the circumstances surrounding your injury, you could pursue an insurance claim or lawsuit against the liable party.

There are two categories of damages that you can recover for a herniated disk. You can recover compensation for economic damages, or the financial losses that you suffered in the accident. You can also secure damages for the physical and psychological pain and suffering that you endured.

Below are just a few examples of the compensation that you could recover in a herniated disk claim:

  • Past and future medical expenses
  • Lost wages and loss of future earnings
  • Depression and anxiety
  • Chronic pain
  • Emotional distress
  • Mental anguish
  • Property damage sustained in the accident
  • Disability accommodations, such as mobility equipment

When pursuing a herniated disk claim, it is important to accurately estimate your damages so that you can recover the compensation that you deserve. A Chicago injury attorney can help you calculate the full extent of your losses and advocate for the highest possible settlement.

Speak to an Illinois Attorney

By filing a herniated disk claim, you can hold the at-fault party accountable for the losses that you endured. In order to secure a settlement, however, you will need to show that the defendant’s actions caused your accident and resulting herniated disk injury. Depending on your case, proving your right to compensation can be a complicated task.

In these situations, an attorney can help. A lawyer can conduct an investigation into your case, gather relevant evidence, and craft a compelling case in your favor. Contact an attorney as soon as possible following the incident to discuss your next steps.