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Wilkes-Barre Personal Injury Lawyer > Blog > Personal Injury > Can I Sue For A Herniated Disc?

Can I Sue For A Herniated Disc?

SlippedDisc

If you have suffered a herniated disc, or multiple herniated discs, you may be struggling to perform basic daily tasks. Spinal cord injuries are no joke, and can result in life-altering complications. Like all injuries, the degree of severity of a spinal cord injury such as a slipped or herniated disc can vary greatly from one person to the next. There are a number of factors that determine whether your herniated disc injury can be grounds for a lawsuit. In this article, we will review what is required to bring a personal injury lawsuit for a herniated disc. The information in this article is intended to be general. If you would like personalized information based on your specific claim, the best thing that you can do is speak directly to a qualified personal injury lawyer. If you would like an experienced personal injury attorney to review your case, contact O’Donnell Law Offices and schedule a consultation today.

What Caused Your Herniated Disc?

In order to have standing to bring a personal injury lawsuit, there must be a liable party who can be sued to recover for the harm. This means that another person or party must have caused your harm by acting negligently or recklessly. Someone acts negligently by breaching their duty of care. The duty of care that is owed varies depending on the relationship the person has to you. For instance, drivers have a duty of reasonable care to all other drivers on the road. This duty of care is violated when drivers break roadway rules and regulations or drive recklessly, resulting in an accident. Other parties owe a higher duty of care. Doctors and surgeons must adhere to a standard of care consistent with industry standards. If a doctor makes a mistake that results in a herniated disc, it would constitute negligence if another similarly situated doctor would have been unlikely to make the same mistake. Vehicle manufacturers owe drivers the highest duty of care, as they are strictly liable for any defects that result in harm. This means that if you suffer a herniated disc due to a car accident caused by the vehicle defect, you do not have to prove negligence or recklessness. It should also be noted that the connection between the other party’s negligence and your harm must be direct. In other words, the other party’s negligence must have directly resulted in the harm that you suffered.

Did You Suffer Financial Damages?

In order to have standing to bring a personal injury lawsuit you must have suffered financial damages. These damages must be quantifiable. Hospital bills, costs of medication, medical treatments and equipment, and physical therapy all qualify as damages. Anticipated future expenses can also be included in this assessment. If you were unable to work due to your injuries you can also seek compensation for lost wages or lost earning potential. Finally, compensation is also available for pain and suffering experienced due to the physical and emotional trauma of the injuries. 

Schedule a Consultation with O’Donnell Law Offices

If you or a loved one have suffered a herniated disc or other spinal cord injury due to another party’s negligence, you have legal options available. Schedule a free initial consultation with the personal injury attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton and Pittston at 570-821-5717 or online today. There is no fee or costs until we win your case.

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