The amount you receive in settlement will depend on the following factors:
The Severity of the Injury
The more serious your injury, the greater your expenses, losses, and other damages. And therefore, the more compensation you may recover in your settlement. The following factors may go into determining injury severity:
- Whether the injury affects other parts of the body – Herniated discs can cause pain in your arms, legs, shoulders, and buttocks in addition to your back.
- How the injury affects the victim’s everyday life – Herniated disc victims may not be able to go to work, drive, or perform household services.
- If the injury causes a loss of body function – Herniated disc victims may suffer from limited mobility, numbness, and weakness.
- The severity of the victim’s pain – Accident victims with herniated disc injuries may suffer severe pain for an extended period.
- If the injury is long-term or permanent – Many accident victims find that the pain from the herniated disc injuries is permanent, even with treatment and surgery.
One common argument insurance adjusters use to lower settlement awards is that the victim’s injuries were pre-existing. The adjuster may say that the victim is prone to back injuries because of their medical history of back injuries. However, the plaintiff can counter that the accident aggravated their previous injuries, and thus that they are still entitled to recover damages. If you previously suffered a herniated disc injury, but your accident aggravated it, you may still be eligible to file a claim and recover compensation for damages.
Circumstances of the Accident
The circumstances surrounding your accident may affect the settlement the insurance company offers. For example, when evaluating a settlement after a car accident, the insurer may look at the severity of vehicle damage. If the accident was a low-speed collision, the adjuster may argue that such a minor crash could not cause such a serious injury. However, even if your vehicle damage is minor, you are still entitled to compensation if the accident resulted in a herniated disc injury. Do not let the adjuster convince you that just because your vehicle damage is minor that you are not entitled to full compensation for your damages.
Our attorneys will contact medical experts, accident reconstructionists and witnesses to help us establish the severity of your injuries and the value of your damages.
We must also establish that the other party was at fault for the accident. Under Georgia law, the party who casued the accident is liable for the injured party's damages. But even if you were partially at fault, you may recover compensation for your injuries. Comparative negligence law in Georgia allows negligent parties to recover damages for their injuries as long as they are less than 50 percent at fault. For example, if you suffered a disc herniation when you fell on a broken step at a department store, but you were 40 percent at fault for your injuries, and your damages total $100,000, you will recover $60,000 ($100,000 minus 40 percent).
We Can Help You Recover Monetary Compensation
We can evaluate your case using all the above factors to determine how much your lawsuit settlement may be worth. Your settlement should include past, present, and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and other economic and non-economic costs.
For a thorough case evaluation, contact the Law Office of Jason R. Schultz, P.C. at 404-474-0804.
