There are many injuries car accident victims grapple with. They range from relatively minor to debilitating. Herniated discs land closer to the debilitating side of that spectrum.
Depending on the severity of your herniated disc, you may be entitled to recover thousands of dollars of compensation. However, getting this money requires proving fault and demonstrating the extent of your injuries. S. Burke Law understands how taxing this can be on your family as you recover. That is why our mission to serve Atlanta residents includes free consultations. If you suffered a herniated disc in a car accident, call us now for yours at 404-842-7838.
Determining If Your Car Accident Caused Your Herniated Disc
Like in any personal injury claim, establishing your accident as the source of your injuries is vital. This is especially true in herniated disc cases as they are often the result of typical wear and tear. Thus, the insurance company may attempt to blame your herniated disc on wear and tear rather than your car accident.
Your medical records play a role in proving your herniated disc stems from your car accident. If your medical history does not contain any symptoms related to herniated discs, this can help your case.
Symptoms of a Herniated Disc
The following is a list of symptoms associated with herniated discs:
- Pain and/or numbness on either side of your body
- Pain that extends through your joints
- Unexpected muscle weakness
- Aches and pains originating from a singular point
- Extended pain when walking short distances
- Standing and/or sitting too long resulting in pain
- Difficulty completing routine tasks and movements
- Pain that gets worse throughout the evening into the night
We will examine your medical records closely to establish that you did not show any of these symptoms before the accident. However, simply proving that your ailments are the result of your accident is not enough to collect compensation for your herniated disc. Not only do you have to prove that your injuries are the result of the accident, but you must also prove the other party was at fault. This is an area where S. Burke Law’s team can be particularly helpful.
Proving Fault in Your Atlanta Accident
Once you have established that your injuries are the result of your accident, you must prove that the other party was more responsible for the accident than you. Determining who was at fault in your Atlanta car accident depends on proving negligence and fault.
To prove negligence, you must prove that the other party acted recklessly or in an unexpected manner. Georgia’s duty of care laws state that drivers must behave in a manner which preserves the safety of the driver and those who share the road. Drivers who do not adhere to the rules of the road breach their duty of care.
Actions That Breach Duty of Care
Everyone knows the rules of the road for the most part. But not everyone follows them all the time. There are many reasons for this, but unfortunately those reasons do not matter if you are involved in an accident. Particularly an accident resulting in an injury as serious as a herniated disc.
S. Burke Law has helped Atlanta’s residents prove fault and breaches in duty of care for two decades. If the other party breached their duty in one of the following ways, we believe we can help you too.
- Driving under the influence
- Running a red light
- Running a stop sign
- Making an illegal turn
Once you prove that there was a breach in duty of care, you must prove the degree of negligence in your Atlanta herniated disc accident.
Georgia’s Negligence Laws
Every state has its own method of determining fault in personal injury cases. Georgia relies on comparative negligence laws in its cases. More specifically, Georgia follows the 50 percent rule. This means the claimant in a case must be less than 50 percent at fault in their accident. This means that if you were at least 50 percent responsible for an accident, you cannot collect damages in your herniated disc accident.
But Georgia’s negligence laws do not only determine if you can collect damages in your accident. They determine how much you can collect. For example, let us say that the other party in your accident contributed 70 percent to your accident and that your total damages were $10,000. Georgia’s laws dictate that the other driver must pay 70 percent of the damages. In this case, that is $7,000 because that figure represents their contribution to the accident.
Call an Atlanta Herniated Disc Attorney
We are always at risk for car accidents. Those accidents come with a plethora of potential injuries and long-term ailments. Herniated discs are among the painful, and they often have the most long-lasting effects. Collecting the money you deserve after these accidents often seems impossible, particularly when you are short of money after your accident.But that is where S. Burke Law excels. We dedicate ourselves to serving the Atlanta community no matter how big or small your accident is. We commit to providing the best service possible, which is why we offer free consultations for everyone. We want you to be sure of your decision and gather all the necessary information before hiring an attorney. Call us now at 404-842-7838.