Discs are situated in between the vertebrae in our spine. They act as a cushion between each bone and also partly as a shock absorber, consisting of an outer layer of tough cartilage that surrounds softer cartilage in the center. Certain injuries to the back can create an impact that causes the spinal cord to move out of place and result in a herniated disk or bulging disk in your spinal cord.
A herniated disk occurs when the tough cartilage on the outside cracks to allow the softer inner cartilage to protrude out of the disk’s perimeter. A bulging disk occurs when the disk is displaced beyond its normal boundaries. These disk injuries mostly occur in the lower or upper part of the back, also known as the lumbar spine and cervical spine, respectively. Both of these can cause tremendous pain once brought on by a traumatic accident.
At Mike Agruss Law, we have helped thousands of clients to seek justice and compensation for personal injuries, and you won’t owe us a penny for our services unless we win your case. If you or a loved one has suffered from a herniated disc or bulging disc injury, contact our office today for a free consultation.
Causes of Herniated and Bulging Disks
After herniated or bulging disk injuries, one should remain as sedentary as possible and avoid much physical exertion to avoid complications, especially in the back. They can be excruciating to deal with on a day-to-day basis and they can also disrupt your everyday lifestyle. Common symptoms for this injury include back pain, numbness, tingling, and more. These can be treated with pain medication and physical therapy, however, for some severe injuries, surgery may be required.
These disk injuries can be brought on by a strong impact from a traumatic accident. Anything that hurts one’s back or spine due to some force has the potential to rupture or displace these disks. Some of the most common causes of herniated and bulging disk injuries include the following:
- Motor vehicle accidents – A motor vehicle accident can cause a person to experience a strong impact on their spinal cord. A passenger or driver may hit the pavement or slam against their back against some part of their car.
- Pedestrian accidents – Similar to motor vehicle accidents, the impact of a car on a pedestrian can be immense and thus cause a spinal cord injury.
- Work accidents – Accidents at the workplace which can cause a herniated or bulging disk mostly occur in physically demanding jobs such as construction, industrial work, law enforcement, and more.
- Slip and falls or trip and falls – A slip and fall or trip and fall where you fall and land on your back can damage the disks in your spinal cord.
- Physical exertion – Extreme physical exertion, involving bending or lifting objects, can push your body beyond what is should be capable of and cause a person to shift or rupture these disks.
Who Is Liable?
The defendant in a claim for a herniated or bulging disk varies depending on the type of accident. Often, the standard being judged is whether they were negligent or not. Negligence must be proven by the plaintiff according to its four elements. First, they must show that a duty of care was owed by the defendant to the plaintiff, and then that this duty of care was breached. Then, the plaintiff must prove that their injuries were the only, direct result result of the defendant’s actions or inactions. Lastly, the plaintiff must be able to show that they suffered actual damages and/or injuries.
In a motor vehicle accident, the plaintiff should be able to show that the other driver was at fault for the accident and caused their injuries. The other driver would be the defendant. And in a pedestrian accident, if the car that struck them was definitely at fault and driving negligently, then they would be liable for the plaintiff’s injuries.
Work accidents, and possibly workplace accidents, could be a matter of receiving worker’s compensation or it could be a premises liability accident. Worker’s compensation cases could be a sticky situation in which an attorney can assist you in recovering the damages. In other cases, if certain conditions around the facility were hazardous or not safe enough for its workers (and thus, caused the injury), then it could be a matter of premises liability. Premises liability is a legal doctrine that can be used if an injury was caused by an unsafe or hazardous condition on someone’s property. This may apply to workplace accidents or other accidents in general on someone else’s property.
Slip and falls or trips and falls could be premises liability cases, as well. If an unsafe or hazardous condition on someone else’s property caused your injury, then they could be liable for your damages.
Damages That Can Be Recovered
A herniated or bulging disk is a serious spinal cord injury that should be treated immediately. Some people require surgery to take care of these, which can be an exceptionally large expense to take on. Unfortunately, they can also cause you to suffer in other ways besides physical, such as mentally and financially. This can be a lot to handle and try to resolve, but with the help of our experienced attorneys and following a successful disk injury claim, you can recover some monetary damages for your losses. Some common damages that you can recover after a successful claim include the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Emotional distress
- Pain and suffering
If you or a loved one has suffered from a herniated disc or bulging disc injury, contact our office today for a free consultation.