Evidence determines settlements from car accident slip disk injuries. A slip disk, or slipped disk is typically referred to as a herniated disk by doctors. The disks in the back can become weaker as we age and a herniated disk is usually the result of that weakening over time. They can also occur from a job that requires heavy lifting. Age and weight can be factors in a herniated disk injury as well. A fair settlement value will hinge on determining the cause of the injury. It is possible to have a slipped/herniated disk result form a trauma like a car accident, but it is rare. It is this rarity that makes it difficult for an accident victim to get a reimbursement for medical treatment or for lost wages for a herniated disk from an insurance company. An accident victim would have to show that he did not have pain in his back warranting medical treatment before the accident, or if he had treatment in the past, he had rehabilitated before the accident.
Evidence of Injury for Settlement Value
Determining what is fair in a settlement offer will depend on the evidence available linking the injury to the car accident. A person who can provide medical evidence that the accident directly caused the injury will have a case for a personal injury lawsuit; that means the insurance company will be more willing to pay a higher settlement rather than risk a jury awarding even more in an expensive trial. A person who does not have medical evidence of the injury resulting from the car accident would be lucky to have a settlement that pays the medical bills and nothing else. It is difficult to win a case without evidence and the insurance company knows it can go to trial in such a case and not have to pay much. Trials are expensive and time-consuming though, so an insurance company may make a settlement offer to pay medical bills even if the evidence is not overwhelming.
Anyone who has a history of back pain will be scrutinized by the insurance company and will be viewed as having a condition which existed before the accident, thus relieving insurance of making payments related to the slipped disk. In assessing a case, an accident victim should be honest with himself about when and how the pain in his back started. If he knows the pain is a result of the accident, he should pursue a settlement that covers his medical expenses, as well as lost wages and any future loss of employment based on his injury. If he knows he has had back problems in the past, he may want to consider a lower settlement for his injury because his chances of winning at trial are diminished.
Getting Legal Help
Consulting a personal injury attorney can give an accident victim a better idea of what his chances are in reaching a fair settlement offer or in going to trial based on the evidence and medical history of the accident victim.
