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Degenerative disc disease (DDD) is a medical condition that can be aggravated by involvement in a car accident. DDD is a natural outcome of the aging process, causing wear and tear on spinal discs that can lead to discomfort in the neck and back. However, untimely disc degeneration might indicate the presence of DDD. Although a car accident may not directly trigger DDD, it can intensify the symptoms of this preexisting condition by causing spinal injuries or trauma. Consequently, individuals with DDD may witness exacerbated symptoms subsequent to a car accident.
In certain instances, you may experience whiplash and consult a medical professional who informs you about degenerative changes revealed by diagnostic tests. While a car accident might not be the root cause of degenerative disc disease, you might be eligible for compensation if the accident worsened or initiated your neck pain, following the legal concept of the "eggshell plaintiff" rule.
Naturally, many potential clients seek information about the average settlement amount for degenerative disc disease in cases involving car accidents. However, providing a precise average settlement figure is extremely challenging. Thus, it's advisable to engage with an experienced Florida personal injury lawyer located near you.
Several variables impact the value of settlements, encompassing the overall extent of your damages and the question of liability. Given that degenerative disc disease is not directly caused by car accidents, estimating a general settlement range becomes even more intricate. Based on the illustrative settlement scenarios presented on this page, a typical Florida settlement for disc herniation ranges from $500,000 to $1,575,000. Settlements greatly hinge on the unique circumstances of each case, leading to significant variation in degenerative disc disease car accident settlements across Florida. Pursuing such claims can be highly intricate, underscoring the importance of promptly consulting an experienced Florida personal injury attorney.
Here's how you can gain a better understanding of the potential settlement you might receive: reach out to a skilled Florida personal injury lawyer. They will meticulously review the specifics of your case, outlining potential strengths and weaknesses of your claim while offering insights into what you might achieve through settlement negotiations or a jury trial. Handling your claim independently could potentially result in a substantially lower settlement or even claim denial.
Insurance companies are aware that injured individuals often lack familiarity with the legal system or the potential value of their claims. This knowledge gap can lead to lowball settlement offers or unjust claim denials. Many insurance adjusters may insinuate that compensation isn't warranted due to degenerative disc disease being a preexisting condition.
If an offer is extended by the insurance company, it's prudent to consult an attorney before accepting. Typically, initial offers are lower than the actual worth of your case. If your claim is outright denied by the insurance company on the basis of a preexisting condition, refrain from relinquishing your rights without first seeking legal advice. Insurance adjusters may hope that their denial discourages you from pursuing further action. By collaborating with an experienced personal injury attorney, they will vigorously challenge any unfair practices by the insurance company and ensure that your case is resolved for a fair and appropriate amount.
Degenerative disc disease, a pivotal consideration in evaluating potential settlements, requires a comprehensive understanding. This condition encompasses a wide spectrum of injuries, ranging from bone spurs to disc bulges and tears. Typically, individuals afflicted with degenerative disc disease endure discomfort, most commonly in the neck or lower back, or in some cases, both regions.
This prevalence of pain arises from the heightened stress and movement that these sections of the spine endure, making them more vulnerable to wear and tear over time. Intriguingly, some individuals may remain unaware of their degenerative disc disease until they encounter injuries in events like car accidents, as symptoms often remain dormant until such traumatic events trigger their manifestation.
The concept of an "eggshell plaintiff" is a legal doctrine that holds the at-fault party responsible for the full extent of the injuries they cause, regardless of how unusual or unforeseeable those injuries may be. This principle is grounded in the idea that the defendant must accept the plaintiff as they are, taking into account any pre existing vulnerabilities or conditions that make them more susceptible to harm.
An example of an eggshell plaintiff is someone with an exceptionally fragile condition, like a skull as delicate as an eggshell. Even a minor impact to the head could result in catastrophic injuries for such an individual. If a negligent party, in this case, causes a minor head injury to someone with this condition, they are still held accountable for the severe consequences that follow.
The eggshell plaintiff rule extends beyond physical fragility to encompass pre existing injuries as well. Negligent parties can be held responsible for exacerbating a person's prior condition in an auto accident. However, their liability is limited to the extent to which the accident worsened the preexisting condition. For instance, consider a plaintiff recovering from a meniscus tear. If an accident caused by someone else exacerbates the pain or causes further damage, the negligent party could be liable for the aggravated injuries.
When an accident results in newfound and excruciating pain, the question arises as to whether the preexisting condition or the accident itself is responsible for the suffering. If the preexisting condition was present but did not cause pain complaints before the accident, it is likely that the accident aggravated the condition.
In essence, the eggshell plaintiff rule prevents a defendant from arguing that if another person had been the victim, the damages would have been lower. In Florida, the law does not permit a defendant to evade liability for causing an injury merely because the injured party was more vulnerable due to a preexisting condition.
These are recent examples of settlements involving disc herniation cases:
Settlement of $1,575,000 in Motor Vehicle Case / Hillsborough, FL - A 53-year-old male became the victim of a rear-end collision caused by the Defendant. As a result of the accident, the client experienced a significant three-level herniation that necessitated medical intervention in the form of an anterior cervical disc fusion. The legal case concluded with a settlement amount of $1,575,000, which was reached shortly before the trial proceedings were set to commence.
Settlement Amount: $1,074,169 / Motor Vehicle Collision / Injuries to Right Arm, Neck, and Back / Hillsborough - A 44-year-old male suffered injuries in a motor vehicle accident caused by the defendant's sideswiping of the client's operated vehicle. The collision resulted in a severe fracture of the right arm, along with cervical disc herniations and back pain. Given the gravity of the arm fracture, the plaintiff underwent two surgical procedures that included bone grafts to restore functionality. The stated figure reflects the remaining insurance coverage limits available for this case.
Settlement Amount: $500,000 / Motor Vehicle Collision / Herniated Disc / Pinellas County, FL - The involved defendant made a left turn directly into the path of our client, resulting in a significant accident. As a consequence of this incident, our client sustained a herniated disc in their neck that necessitated surgical intervention.
In Florida, a no-fault state, the process of seeking compensation for damages in a car accident aggravated by degenerative disc disease involves several considerations. Initially, you must seek recovery through your own personal injury protection (PIP) policy, which can cover expenses such as medical bills and lost wages. However, for victims with severe injuries, these PIP limits may fall short of covering extensive medical costs. In such cases, you have the option to pursue a claim against the at-fault party for additional damages. It's important to note that non-economic damages, including pain and suffering, are not covered by PIP policies.
To pursue non-economic damages in Florida, your injury must be both significant and permanent. While exploring your legal rights, it's vital to consult with a nearby Florida personal injury lawyer who can guide you through the process and determine the potential types of compensation you may be eligible to receive. In exceptional circumstances, punitive damages might be a consideration. These damages are only awarded in cases involving gross negligence or intentional misconduct and are meant to not only compensate the victim but also to discourage the defendant from repeating such actions in the future.
If injuries occurred in a car accident, it's recommended not to handle the claim independently. Seek assistance from a professional Florida personal injury lawyer. A personal injury attorney will have aided numerous injured victims in similar situations. The main focus is safeguarding your legal rights, allowing you to prioritize your recovery.
A Florida personal injury attorney’s approach involves professional and compassionate representation, coupled with a track record of success. Thousands of clients in your area have been represented for personal injury cases in Florida. To gain insight into the team's capabilities, explore client testimonials and case results.
A personal injury legal team possesses the requisite skills and knowledge to take the case to trial if the insurance company doesn't treat the degenerative disc claim seriously. A Florida personal injury lawyer can also refer to expert specialists to assess records, evaluate injuries, and ascertain the extent of degenerative disc disease exacerbation due to the car accident. Contact a Florida personal injury lawyer near you to arrange an initial consultation, delving into how assistance can be provided in pursuing rightful compensation.
