Herniated disc injuries are a serious and debilitating injury victims frequently sustain in accidents in Indiana. If you are offered a settlement for such injuries, how can you tell if it’s good or not?
Settlements for herniated disc injuries should first fully compensate victims for their medical expenses. Settlements should also cover a victim’s lost wages. A fair settlement will also provide you with full compensation for pain and suffering and your loss of enjoyment of life, which can be significant with this type of injury. Good settlements often come from aggressive negotiations; even then, the other party might be unwilling to make an appropriate offer. To get the settlement you deserve, bring your case quickly through experienced attorneys who will establish the defendant’s fault for your injuries and provide the proof of your damages necessary to obtain the settlement you deserve.
To schedule a free and confidential case review with the Indianapolis spinal injury lawyers of Wruck Paupore, call (219) 322-1166 today.
Herniated disc injuries can cause a lifetime of discomfort and pain for victims in Indiana. Because such injuries might require various treatments, from surgeries to physical therapy, victims should accept no less than a good settlement that fully compensates them for their damages.
We will begin with discussing the most substantive damages that victims with herniated disc injuries often face: economic damages. A good settlement will fairly compensate you for your financial losses related to an injury caused by negligence. This should include damages for medical expenses and lost wages. Herniated disc injuries might require long-term treatment, which is why our Hammond, IN spinal injury lawyers might enlist the help of expert witnesses who can attest to your future medical damages. For example, you might need physical therapy past the conclusion of your case.
A good settlement must also include compensation for pain and suffering. While settling a claim typically results in lesser compensation for non-economic damages, that does not mean victims cannot recover compensation for such losses in a settlement. It does mean, however, that more aggressive negotiation tactics might need to be used.
Since herniated disc injuries vary in severity and required treatment, each settlement looks different. Our lawyers will carefully evaluate the facts of your case as well as your documented losses to confirm whether or not a proposed settlement is, in fact, good for you.
Going into a case with the pre-determined notion that you will settle, regardless of the circumstances, can put you at risk of accepting a bad settlement. Should you take this route, you might be left with insufficient compensation for your various damages in Indiana.
A bad settlement will be any offer that does not fairly compensate you. For example, if you provide documentation of your various financial losses and are not met with an offer that covers all of those losses, do not accept it. Doing so will leave you financially responsible for paying additional expenses related to your herniated disc injury.
Because non-economic damages are subjective, they can require more skill to recover in a settlement. However, when faced with the possibility of going to court, where awarded non-economic damages can be much higher, parties might be more likely to offer suitable compensation for pain and suffering in a settlement. Such damages are critical in herniated disc injury cases as the impact on a victim’s quality of life tends to be substantial. Typically the three largest elements of damages in a herniated disc case involves cost of any surgery, lost wages, and non-economic damages for pain and suffering and loss of enjoyment of life. This last category is nearly always the one which is most significant.
Victims cannot always identify bad settlement offers for herniated disc injuries. Because such injuries are expensive and debilitating, victims might jump at accepting initial offers. Unfortunately, when you do this, you cannot recover additional compensation if you realize that you require more down the line. In our experience, the first offer to resolve a herniated disc injury is not likely to be the best offer or a fair one.
Getting a good settlement for a herniated disc injury is never guaranteed in Indiana. To strengthen your chances of a good recovery, there are certain things that you can do to get some leverage during negotiations.
Start by bringing your case quickly. When victims delay seeking recovery, there is more time for at-fault parties to find reasons to undermine a case. In Indiana, the statute of limitations for injury claims is two years. As time passes, certain evidence of negligence might become harder to obtain. Furthermore, you might appear uncommitted to your physical and financial recovery if you delay bringing your case.
If there is ample evidence in support of your claim, the opposing side might have no choice but to offer you a good settlement that fairly compensates you. This can be the best leverage you can hope for. Evidence of fault used in herniated disc injury claims often includes photographs, witness statements, and surveillance footage. Do not forget to get continuous medical care for your injuries to document your physical recovery and treatment. Because Indiana is a modified comparative fault state and victims’ damages can be reduced if their own negligence contributed to their injuries, establishing that you are not at all to blame for an accident will be crucial.
If you can show that you have incurred real damages as a result of another party’s negligence, you will be more likely to get a good settlement in Indiana. To do this, keep all papers and documents that show your economic damages. This will include invoices from medical treatment and employment records. If you cannot show proof of damages, there is nothing to confirm that you actually require compensation. As you incur damages, send proof of them to our lawyers.
You can call Wruck Paupore at (219) 322-1166 to have our Fort Wayne, IN spinal injury lawyers review your case for free.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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