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Personal injury is generally compensation for pain and suffering which can manifest itself in many forms. There are at least three broad categories of injuries that are compensable. These three broad types of injuries are:
I. PSYCHOLOGICAL INJURY Psychological injury includes such injuries as emotional distress, fear, anxiety, shock, and humiliation. In most accidents it is difficult to obtain a favorable verdict from a jury when there is no physical evidence to back up the claim. The type of psychological injury most commonly compensated for is the type of injury that society views as especially damaging, such as child molestation, rape, defamation, false arrest, mistreating a corpse. A claim for fear of driving following a “fender bender” will not carry as much weight as being held by security guard without evidence for 12 hours without food and water. Likewise molesting a seven year boy would carry much more weight than finding a condom in your muffin. If you find a dead bug in your coleslaw you are not going to get millions of dollars in compensation no matter how sick it made you. II. OBJECTIVE PHYSICAL INJURIES Objective physical injuries are the type of injuries we can actually see or diagnose and we don’t have to depend on the witness to determine if it exists. These type of injuries include fractured bones, bruised organs, cuts, bruises, and burns. These type of cases attorneys accept on a regular basis. These are the types of injuries juries generally accept as severe enough to warrant compensation for pain and suffering. Not all objective injuries warrant filing a lawsuit or pursuing in court. Contrary to popular belief the vast majority of attorneys will not pursue frivolous claims. For example a cut from a menu at your favorite restaurant is not a case an attorney is likely to pursue. Unfortunately even when a product appears to be defective and causes you severe injury you have difficulty finding an attorney. The typical personal injury case that is aggressively pursued by attorneys is one where we know someone wrong was done, we know who did it and we know you suffered a physical injury. For example you go to a warehouse store and the operator of a forklift drives in reverse while chatting with someone else and then without warning rams you knocking you down and you break your wrist. Cases generally turned away are the typical slip and fall case, because they lack sufficient evidence to prove the case. More often than not in these claims of a fall you don’t’ know on what you fell, you don’t know who left it there, and there are not witnesses to prove you actually fell on the thing you claimed caused you to fall. The typical severe injury case involves a disc herniation. These cases cause extreme pain and objective examinations can prove the injury. HERNIATED DISCS WHAT
IS A HERNIATED DISC The spine is really an extension of the brain. It runs from the brain, through the neck, inbetween the shoulder blades, down to the low back in between your buttocks. In between the vertebrate are soft discs that act as shock observers. The vertebrate are identified by the letters C, T, and L and the discs by the corresponding vertebrates. The letters stand for the formal name given each section of the spine, C is stands for cervical or neck, T for thoracic or midback, and L for lower back. Discs commonly injured are L4-L5, this disc is the one in between vertebrate L4 and L5 which is at the end of your lowback. The discs connect and two small joints called the facet joints connect the vertebrates. The disc itself has a strong exterior and a soft interior called the nucleus pulpous. The center of the disc would be similar to gelatine and water. The disc allows for movement of the vertebrates and therefore the body. Putting a lot of weight on the body puts pressure on the discs such as lifting heavy things or trauma caused by an auto accident. A whiplash injury puts great pressure on the discs. As the head is pushed in one direction the disc is squeezed on one side, then as the head is pushed into the other direction the disc is squeezed in the other direction. When the outer layer of the disc breaks liquid and matter spills out much like a jelly doughnut that squeezed too hard. The nucleus pulpous will be sticking out from the disc into the space occupied by the nerves and the spinal cord. The disc is then called a herniated disc sometimes it is referred to as a disc protrusion. By herniated disc (disc protrusion) all that is really meant is that the outer layer of the disc ripped open or herniated. When the matter from the center of the herniated disc (disc protrusion) starts to come out and if the displacement is large enough it could then cause contact or pressure on or with the nerve roots where they connect to the spinal cord. The herniated disc (disc protrusion) can then be a cause of pain, tingling, numbness and weakness of the muscles. The symptoms tend to indicate the location of the herniated disc (disc protrusion). The upper nerves control the upper parts of the body, so common symptoms of cervical herniated disc (disc protrusion)s are numbness and tingling of the arms and severe neck pain. The lower nerves control the lower part of the body and likewise symptoms of a herniated disc (disc protrusion) are numbness and tingling of the legs and feet and severe low back pain. The nerve starts where it connects to the spine and runs along the body up the ends of the body parts, so the herniated disc (disc protrusion) at the neck would cause radiating symptoms starting at the neck and running down the shoulders through the arm and into the finger tips. DIAGNOSIS Generally a herniated disc (disc protrusion)s cannot be identified by X-Rays. An MRI is commonly used to identify herniated disc (disc protrusion)s, but are not routinely done because of the associated expense which is about five times more expensive than X-rays. A neurologist or orthopaedist will often do some examinations and possible prescribe physical therapy before ordering an MRI to determine if there is a disc herniation. TREATMENTS FOR DISC HERNIATIONS Herniated disc (disc protrusion)s are generally treated first with conservative treatment which may include medication and physical therapy. Sometimes epdural steriod injections are used to treat a herniated disc (disc protrusion). Depending on the severity of the injury conservative treatment may be sufficient treatment for a herniated disc (disc protrusion). In some cases surgery may be required to treat a herniated disc (disc protrusion). In the past surgery was considered a dangerous procedure and often avoided by victims of a herniated disc (disc protrusion), but the success rate has increased substantially and the risk decreased, but not eliminated. Artificial discs are also being used, but consider to be a new treatment and in some cases does not work effectively or at all. CAUSES OF HERNIATED DISCS (DISC PROTRUSION) Many different things can cause herniated disc (disc protrusion)s. All types of accidents can result in herniated disc (disc protrusion)s, car accidents, motorcycle accidents, airplane crashes, and falls can cause herniated disc (disc protrusion)s. Heavy lifting, sports such as football could cause a disc to herniate. The most common cause of herniated discs (disc protrusion) seems to be heavy on the job lifting. WHEN SHOULD YOU CONTACT AN ATTORNEY You should contact an attorney for a herniated disc (disc protrusion) injury right away. Each case is different but time could be very short in some cases and you may lose your rights if you fail to take the proper legal procedures to protect them. WHEN SHOULD YOU HIRE AN ATTORNEY A herniated disc (disc protrusion) is considered a significant injury and an attorney should be retained to represent you. Generally the greater the injury the greater the need for an attorney. Minor injuries generally do not require the help of an attorney a herniated disc (disc protrusion) can result in weeks, months or even years of lost wages, and your medical expenses will be in the thousands. Sometimes even surgery is insufficient to alleviate the pain associated with a herniated disc (disc protrusion) and multiple surgeries or life time medical care may be required. If you suffered a herniated disc (disc protrusion) through someone else=s negligence, if someone else did something wrong you should discuss your case with an attorney. III. SUBJECTIVE INJURIES Soft tissue injuries are very common in traffic accidents. Whiplash is a typical diagnostic for these type of injuries and among other things these injuries are commonly treated with massage, adjustments, muscle relaxants, pain killers, massage, physical therapy, swimming, ice, hot pads. Chiropractors are often sought after a car accident for treatment and for some it works, but for some it doesn’t do any good. These type of injuries are hard to prove as they are entirely dependent on the subjective opinion of the injury victim and the doctor. When there is insufficient damage to the vehicle or vehicles involved the claim is difficult to resolve, because juries in general do not accept the injury victims testimony and rely entirely on the physical evidence showing little damage to the vehicle involved. Most attorneys do not accept these type of claims where the property damage is insufficient to support a claim for damages. Jury verdicts are low and sometimes the costs to litigate these cases exceed the jury verdicts. Insurance companies know this and more often than not offer to pay nothing or very little. |