Herniated discs are some of the most common and most disputed injuries in NYC car accident cases. While the consequences of a herniated disc can be long-term, insurance companies do not always treat these injuries as high-value claims. Putting a price tag on your herniated disc injury is rarely straightforward, and a lot of factors are considered. In this post, Gabriel Law will wear the hat of an accident lawyer in Manhattan and explain how insurance companies value herniated disc injuries.
What is a Herniated Disc?
A herniated disc is also known as a ruptured or slipped disc. It is an injury that occurs when the soft, jelly-like substance (nucleus) in the spine pushes out through a tear in the tough outer ring of the disc (annulus). When there is a leak, it can press against the nearby nerves, causing significant back pain, numbness, or muscle weakness.
How Can You Claim Compensation for a Herniated Disc Injury?
If the herniated disc injury was the result of a car accident, you can claim compensation for your medical expenses through your Personal Injury Protection (PIP) coverage. Your PIP coverage can also be used to cover lost wages and other connected expenses. Your PIP coverage has an upper limit of $50,000.
Alternatively, if you wish to claim additional compensation, you can file a personal injury lawsuit. However, you can only file the lawsuit if you show that the economic damage you’ve suffered exceeds $50,000 or you’ve suffered a “serious injury” as defined in Section 5102 (d) in New York Insurance Law.
A herniated disc may be considered a serious injury if it is a part of a greater injury or if it prevents you from performing daily activities for at least 90 days in the first 180 days immediately after the accident. Since there is no upper limit, the court can award any amount of compensation it considers just and equitable.
Why Do Insurance Companies Scrutinize Herniated Disc Claims?
Herniated disc cases have the potential to be high-value claims. Insurance companies know this, and that is why they tend to heavily scrutinize these claims. Here are some of the key reasons for the high scrutiny:
- Aging and pre-existing conditions – If the herniated disc is a consequence of aging or a pre-existing condition, then it might not be covered under the insurance coverage.
- High treatment cost – Herniated disc treatment involves long-term physical therapy, X-rays, and potential surgery. All this comes with a hefty price tag, which the insurance company will have to bear.
- Delayed symptoms – The pain and numbness connected to a herniated disc may only appear after a few days or weeks. When there is a delay, insurance companies tend to argue that the injury was not caused by the accident.
- Potential fraud – Because diagnosis can be subjective, it is easy to exaggerate and falsify. Insurance companies are always on the lookout for signs of insurance fraud.
What are the factors that influence the value of your claim?
Your professional accident lawyer in Queens and insurance adjusters will look at a number of factors when they present a value for compensation. These factors include:
- Severity and intensity of the treatment—The more intensive the medical treatment, the higher your chances of achieving higher compensation.
- Permanence of the injury – If you suffer a permanent injury, you can go beyond your insurance coverage to claim additional compensation via insurance.
- Age of the victim—Younger victims tend to receive higher compensation due to a longer period of lost wages and disruptions to life.
- Economic damages (lost wages) – Compensation for lost wages will consider both past losses and the loss of future earning potential.
- Liability in the accident – If you are partially responsible for the accident, then New York’s pure comparative negligence law can negatively impact your settlement.
- Pre-existing medical conditions – If the herniated disc was the result of a pre-existing condition not related to the accident, it will not be considered for compensation.
Conclusion
In NYC car accidents, herniated discs are among the most common injuries suffered by victims. It can have a lasting impact on your health, mobility, and capacity to work and earn. However, herniated disc claims are hardly straightforward and often involve a duel that requires the help of an experienced car accident lawyer in NYC.
If you or your loved one has suffered a herniated disc injury and are looking to claim compensation, then Gabriel Law is here to help. As a personal injury law firm in NYC, we understand how insurance companies work and assess claims. We will do everything in our power to help protect your rights and get you the compensation you deserve. Call us today and schedule your free consultation.
