A herniated disc is a painful back injury involving the cushions, or discs, that sit between the bones of the spine. When a disc becomes herniated, it slips out of place and can cause severe pain in your back and possibly other areas of your body. A good settlement for such an injury will undoubtedly vary based on your circumstances, but it may be substantial.
When negotiating a settlement, we must consider numerous factors. Your economic costs, including costs of future medical care, may be incredibly high. Your pain and suffering might also be significant and last for many years or possibly forever. As such, a good settlement may be worth substantial compensation. Effective negotiation skills are key here, especially if the defendant is unwilling to admit any wrongdoing or hesitant to compromise. We should also have strong evidence of your injuries, costs, and the defendant’s responsibility for them all.
To get started with a free case review, call our Columbia, SC personal injury attorneys with Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Good Settlements for Herniated Disc Injuries in South Carolina
If you want a good settlement for your injuries, we must consider numerous factors surrounding your case. First, our South Carolina personal injury lawyers must consider your economic costs. This may include medical care, the cost of mobility aids, and lost wages if you cannot return to your job.
We also need to think about the costs you will likely incur in the future when the case is over. Many people live with chronic pain and need ongoing medical care to deal with it. As such, a good settlement should account for many years of medical care.
Not all your pain comes with a price tag, but that does not mean that it should not be compensated. We must also consider your pain, suffering, and personal experiences with your herniated disc injury. The greater an impact your pain has on your quality of life, the more damages you may claim.
How a Settlement for a Herniated Disc Should Cover Pain and Suffering
Herniated discs often lead to significant and long-lasting pain, and many people must live with chronic pain for a long time. If this sounds like you, a good settlement should account for your pain and suffering.
Chronic pain can make life extremely difficult. It may become much harder to stay active and engage in hobbies or activities you once enjoyed. You may be unable to continue working and may have to leave a once-promising career.
Herniated discs and the associated pain often cause mobility issues. Just getting out of bed may be too painful sometimes. You might be unable to walk unassisted if the pain is extreme. Being unable to move may lead to a significant loss of your independence and freedom.
All of this may cause severe psychological injuries. People living with chronic pain from herniated discs often experience depression, bouts of anger, and an overall reduction in their quality of life. These experiences must be accounted for when working out a settlement.
Covering Medical Costs in a Settlement for a Herniated Disc
Your medical costs may be very high if you have a herniated disc. Not only is this condition painful, but it can be difficult to treat. Many injured victims must receive treatment over a long period. Others might require costly surgeries.
A good settlement should cover your current medical costs. By the time we negotiate a settlement, we should be able to account for all the money you have had to spend on medical care. If this is not completely covered, the settlement might not be a very good one.
We must also account for future medical costs. Herniated discs often lead to chronic conditions and many years of medical treatment. Often, victims find that they still need to pay for medical care long after their case is complete. We should work with your doctors to determine how much care you will likely need in the future and what it will cost.
How to Get a Good Settlement for a Herniated Disc Injury in South Carolina
Getting a good settlement is often easier said than done. Even if we have strong evidence of your injuries, we might end up dealing with a defendant who refuses to be held accountable or compromise. It is a good idea to have an experienced lawyer by your side throughout your case.
Negotiation skills are key. Having the right evidence is only half the battle. A lawyer with good negotiation skills should be able to convince the defendant and their attorney to agree to a good settlement. Evidence may be that much more effective when it is accompanied by your lawyer’s power of persuasion.
Speaking of evidence, we need as much of it as possible. The more evidence we have, the more likely that the defendant will agree to settle. Not only that, but they are more likely to agree to a good settlement because they know things could be much worse if they lose a trial.
Workers’ Compensation Settlements for Herniated Disc Injuries in South Carolina
If you sustained a herniated disc in a work-related accident, you might not be able to file a lawsuit against your employer. Workers’ Compensation, if available, may be your sole legal remedy. Even so, a settlement may still be possible, although it might not cover as much as you would like.
Settlements may be available through Workers’ Compensation. Generally, Workers’ Compensation covers medical costs, lost wages, and possibly other expenses. However, pain and suffering are usually not included.
If you negotiate a settlement for a Workers’ Compensation claim related to a herniated disc injury, a good settlement may look different. A good settlement in this scenario should cover all your medical care and be able to help you cover the ordinary costs of living while you recover.
What to Do if You Cannot Get a Good Settlement for a Herniated Disc Injury
If a good settlement is not possible, you may want to consider pursuing a trial in court. Many plaintiffs file lawsuits before beginning settlement negotiations. If settlement negotiations are unsuccessful, a trial may be scheduled.
When filing a lawsuit, you must do so within the time set by the statute of limitations. According to S.C. Code Ann. § 15-3-530(5), you have 3 years from when you are injured to file a lawsuit for damages.
As said, plaintiffs often file lawsuits before they even begin settlement negotiations. This puts added pressure on defendants to either settle or risk losing in court. It also ensures that you still have legal options after settlement negotiations break down.
Speak to Our South Carolina Personal Injury Attorneys About Your Injuries and Claims
To get started with a free case review, call our Myrtle Beach, SC personal injury attorneys with Burriss Ridgeway Injury Lawyers at (803) 451-4000.
