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Unexpected accidents and injuries can alter lives. In such difficult periods, car accident injury lawyers are essential allies. They support those harmed by others' negligence, ensuring fair compensation. This article underscores the critical role these lawyers play in guiding individuals through their claims and rebuilding their lives.
Car accidents can result in severe injuries, including herniated discs. When a driver in Carlisle or elsewhere in Iowa sustains such injuries, they can seek compensation from the at-fault driver’s insurance policy. However, proving causation and the extent of damages can be challenging. This article explores the legal recourse available to those who suffer herniated discs, shoulder injuries requiring replacement surgery, and offers guidance on what to do if your spouse is injured in a car accident.
Herniated Discs: Symptoms and Prognosis
Understanding Herniated Discs
The spine consists of vertebrae and soft discs, which cushion the vertebrae and aid flexibility. Herniated discs occur when the inner portion of a disc protrudes through a weak or damaged spot in the outer covering, pressing on nerves in the spinal column. Symptoms may include pain, numbness, and weakness in limbs.
Treatment Options
Doctors typically treat herniated discs with pain medications and physical therapy initially. If these treatments fail, surgery may be necessary to repair the damaged discs. Surgical options include removing the protruding part of the disc or the entire disc, which requires fusing the vertebrae or inserting a replacement disc. Recovery from surgery can take months.
Legal Recourse for Herniated Discs
Proving Negligence and Causation
To recover compensation, the injured driver must prove the defendant’s negligence caused the accident and the injury. Negligence means failing to use reasonable care to prevent harm. Evidence of such behavior is crucial for pursuing a claim. Injured drivers can claim both economic and non-economic damages.
Economic and Non-Economic Damages
- Economic Damages: Medical expenses, lost wages, and travel expenses for medical appointments.
- Non-Economic Damages: Pain and suffering, emotional distress.
Challenges in Proving a Case
Defendants may argue the herniated discs existed before the accident. Medical records before and after the accident can help demonstrate causation. In Iowa, the modified comparative fault rule means plaintiffs must be 50 percent or less at fault to recover damages. Compensation is reduced by the plaintiff’s fault percentage.
What to Do if Your Spouse is Injured in an Accident
Immediate Steps
If your spouse is injured in a car accident, follow these steps to ensure their recovery and protect your family’s legal rights:
1. Get Medical Treatment: Ensure your spouse follows all doctor’s orders.
2. Insurance Coverage: Determine the at-fault party’s insurance coverage and your own uninsured/underinsured coverage.
3. Medical Payments Coverage: Utilize this on your policy to cover out-of-pocket medical expenses.
4. Document Lost Wages: Have the doctor provide written proof of your spouse’s time off work.
5. Consult an Attorney: Do not sign any documents from the at-fault party’s insurance without legal review.
Recovering Damages from Shoulder Replacement Surgery
Understanding Shoulder Replacement Surgery
Shoulder replacement surgery is performed when shoulder joints or bones are damaged beyond repair, often due to severe fractures from car accidents. The surgeon replaces damaged parts with artificial components, which may be made from metal or plastic.
Injuries Requiring Shoulder Replacement
Injuries that may necessitate shoulder replacement include severe shoulder fractures, post-traumatic arthritis, and tear arthropathy from a torn rotator cuff. These conditions can cause significant pain and impair shoulder function.
Recovery Time
Recovery from shoulder replacement surgery varies. Patients typically need to keep the shoulder in a sling for weeks. Basic activities can resume once the doctor approves, but heavy lifting and extreme movements should be avoided for several weeks. Physical therapy may be required to regain full mobility.
Seeking Legal Assistance
Seeking legal counsel from experienced Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.