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A serious car accident can leave a Rock Rapids victim with life-altering injuries, from a ruptured disc in the spine to a shoulder so damaged it requires joint replacement surgery. On top of the physical pain, victims often face a difficult decision about whether to accept whatever the insurance company puts on the table. Below, the Rock Rapids car accident attorneys at Walker, Billingsley & Bair explain what a ruptured disc injury involves, what shoulder replacement surgery entails, and whether you are required to accept an insurance company's settlement offer.
What it Means to Have a Ruptured Disc After a Car Accident
Serious car accidents often leave those involved with debilitating injuries. Ruptured or herniated discs are examples of injuries that Rock Rapids accident victims might suffer. The location and symptoms of a ruptured disc can vary, and treatment is available in many forms.
Location of Intervertebral Discs
The spine consists of 24 vertebrae aligned atop each other. Through these bones runs the spinal cord, which the vertebrae protect from damage. Even simple actions such as walking or jogging send shockwaves through the spinal column, which is why gelatinous discs, known as intervertebral discs, sit between the vertebrae to act as cushions. According to the American Academy of Orthopaedic Surgeons, these discs are filled with a jelly-like center called the nucleus pulposus, which is surrounded by a thicker outer ring called the annulus fibrosus.
If a person suffers physical trauma, such as the impact of a serious car accident, an intervertebral disc may rupture, causing the nucleus to push toward the outer ring, and in serious cases, to squeeze entirely through it.
Nerve Damage and Symptoms
If the nucleus of an intervertebral disc begins to push outward through the outer ring, it may put pressure on the spinal nerves. If it succeeds in passing through the outer ring, the nerve damage may become more severe, often limiting movement in more serious cases. Symptoms can include pain or numbness in the parts of the body affected by the nerve. A ruptured disc in the neck may cause pain and numbness in the shoulders, arms, or chest, while a ruptured disc in the lower back might cause sciatica or pain in the buttocks, legs, ankles, and feet.
How Doctors Diagnose a Ruptured Disc
Once a doctor suspects a ruptured disc, further diagnostic tests reveal the extent of the injury and the proper course of treatment. This may begin with a neurological examination, testing for sensory loss and weakness, or a straight leg raise test that helps indicate whether a ruptured disc is present. In some cases a doctor may recommend an MRI or CT scan for further diagnosis.
If a Rock Rapids driver has suffered a spinal injury in a car accident, it is imperative to seek medical treatment immediately. A doctor can help determine whether the injury is a ruptured disc or something more serious affecting the spinal cord. Even if a person does not feel injured right away, seeking a medical evaluation is still important, since some injuries are not immediately evident. Rock Rapids victims may be able to recover damages related to a ruptured or herniated disc by filing a personal injury claim against the at-fault driver.
Recovering Damages from a Shoulder Replacement After a Car Accident
Following a car accident that causes a shoulder injury, a Rock Rapids victim may have to undergo shoulder replacement surgery. This is an intensive surgery that is expensive, very painful, and may require months of rehabilitative treatment and physical therapy.
The Basics of Shoulder Replacement Surgery
Shoulder replacement surgery is performed when the shoulder joint or bones suffer damage beyond repair. A surgeon may perform the procedure to treat injuries caused by trauma to the shoulder, such as a severe shoulder fracture. According to the American Academy of Orthopaedic Surgeons, during the surgery, damaged parts of the shoulder are removed and replaced with artificial parts, usually made from metal or plastic. Depending on the severity of the injury, the surgery may replace the head of the humerus bone, the socket of the bone, or both.
Injuries That Require Shoulder Replacement Surgery
A car accident victim may sustain a shoulder fracture so severe that a doctor cannot correct the upper-arm bones without joint replacement surgery. However, this is not the only injury that can lead to this procedure. A victim may sustain trauma to the shoulder that does not require immediate surgery but that poses complications later in life, such as post-traumatic arthritis, which can be extremely painful and is a common reason a patient needs this surgery. A torn rotator cuff may also develop tear arthropathy, a condition where shoulder joint damage from the torn rotator cuff leads to arthritis and joint cartilage damage.
Recovery Time for Shoulder Replacement Surgery
The type of surgery, whether total or partial replacement, affects recovery time, as does the patient's own resiliency. For most patients, the shoulder will need to remain in a sling for a few weeks after surgery. Basic activities such as brushing hair, driving, eating, and dressing can resume once a doctor recommends removing the sling. The patient should not place the arm in extreme or unnatural positions or bear unusual amounts of weight for several weeks following surgery, and months of physical therapy may be necessary for the shoulder to recover full mobility.
Shoulder replacement surgery is expensive, especially for someone without health insurance. A Rock Rapids victim who undergoes this surgery will most likely also miss work, resulting in lost wages. An attorney can help ensure that a victim recovers fair compensation for the cost of surgery, lost wages, and pain and suffering.
Do You Have to Accept the Insurance Company's Settlement?
In Iowa, a Rock Rapids accident victim does not have to accept an insurance company's settlement offer, but there are several things worth keeping in mind before deciding how to proceed.
Consider the Severity of the Injury
Are the injuries minor enough that it may make sense to settle the case without an attorney in order to avoid paying a percentage of the settlement in fees?
Understand Subrogation
If medical bills have been paid by health insurance or another insurer, that company will likely need to be reimbursed. This is called subrogation and can consume an entire settlement if not handled correctly.
Know the Statute of Limitations
How much time remains before the statute of limitations expires? Missing that deadline generally means the case is over and no compensation will be paid.
If a Rock Rapids driver does not know the answers to these questions, it is strongly recommended that they at least contact and speak with a qualified Iowa injury attorney. Failing to do so could cost thousands of dollars, and in some cases, the entire claim.
Settlement Negotiations
It is rare that an insurance company's first offer is its best offer. Anyone negotiating with an adjuster on their own should keep the following in mind.
- Anything said to the insurance adjuster can and will be used against you later, including in a lawsuit. Be careful about what is shared, but never lie. Insurance companies share databases and will find out about prior injuries and accidents.
- It is not a good idea to threaten an adjuster. Being courteous will get you further than being upset or angry.
- Know the facts of your case, including how the injuries happened, who you treated with, and the conditions you have been diagnosed with.
Before agreeing to any settlement offer involving injuries, it is always a good idea to speak with a qualified Iowa injury attorney to find out if you are being treated fairly. Friends and family can offer their opinions, but it is far more valuable to consult someone who deals with insurance companies daily and has handled many injury cases. No two cases are identical, but they often share common factors.
How to Evaluate the Value of a Claim
Other factors that go into evaluating a claim include the nature of the injuries, such as whether multiple body parts were involved, whether there are objective injuries like broken bones, whether the victim was hospitalized or required surgery, how much time was missed from work, how much insurance coverage is available, and whether there is a claim for underinsured motorist coverage.
Protecting Your Rock Rapids Car Accident Claim
Whether a Rock Rapids driver is dealing with a ruptured disc, a shoulder injury that may require replacement surgery, or a settlement offer from an insurance company, understanding the process is essential to protecting a claim. Serious car accident injuries often require months of treatment and rehabilitation, and the financial burden can add up quickly between medical bills and lost wages.
Seeking Legal Assistance in Rock Rapids
Seeking legal counsel from experienced Rock Rapids 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.