Degenerative Disk Disease and Car Accident Settlements in Florida

What Is Degenerative Disk Disease?

Over time, our bodies begin to break down as we age. One of the most common areas for this to occur is the spine, as it has a hard job to do by holding up our body. The disks in the spine help to act as shock-absorbers as we bend and twist. They are like spongy cushions sitting between each vertebrae and give you the flexibility to move. As we age these disks begin to lose their sponginess and become flatter, they can even be susceptible to tiny cracks in the outer disk wall which can lead to serious pain. A combination of physical therapy and medications like non-steroidal anti-inflammatory drugs or steroid injections can all help to manage the pain of DDD and give an individual some relief.

Can A Car Accident Cause Degenerative Disk Disease?

As we age, DDD can occur naturally over time with the strains of everyday life, but a car accident can worsen the condition, accelerating the wear and tear on a person’s spinal disks. When severe trauma occurs, a car accident can cause degenerative disk disease to begin in a person’s spine. If a car accident victim was already dealing with pre-existing DDD, or it ends up being triggered, they may end up experiencing:

• Increased back or neck pain
• Herniated or bulging disks
• Reduced flexibility or mobility
• Nerve compression leading to numbness or tingling

Very frequently when a person is involved in a car accident and has a pre-existing condition, the insurance company will deny a personal injury claim arguing that it is the pre-existing condition that is causing pain and medical concerns not the car accident. This underscores the importance of having an experienced car accident attorney on your side. They will be able to build a case that shows, even if DDD was present before the accident, that the collision exacerbated the problem and left the individual requiring more extensive medical treatment for their condition. There are a number of ways they can do this, including:

• Gathering Medical Records – Evidence of the condition before and after the accident is crucial to demonstrate the aggravation.
• Collecting Expert Testimony – Medical professionals can testify about how the accident impacted the pre-existing condition.
• Getting Imaging Studies Completed – X-rays, MRIs, or CT scans can help show changes in the spine post-accident.

Florida law does allow victims to seek compensation if the accident aggravated a pre-existing medical condition. This is often referred to as the eggshell plaintiff rule, which holds that a defendant is responsible for the full extent of the injury, even if the victim was predisposed to it.

Florida’s No-Fault Insurance Laws and DDD

Florida operates under a no-fault insurance system, meaning that a victim’s Personal Injury Protection (PIP) insurance is designed to cover up to $10,000 in medical expenses and lost wages, regardless of who is at fault in the car accident. Although $10,000 might seem like a decent amount, it is often insufficient for people who require extensive medical treatment related to DDD, which often includes:

• Physical therapy and chiropractic care
• Pain management treatments, including injections
• Surgery, in severe cases
• Ongoing medical consultations

To recover additional compensation beyond PIP, it is important to speak with an experienced attorney about pursuing a car accident settlement or lawsuit against the at-fault driver.

Factors Influencing a DDD Settlement in Florida

There are several factors which will affect the settlement amount in a degenerative disk disease car accident case, including:

1. Severity of Aggravation – If the accident significantly worsened your DDD, leading to more intense pain or loss of function, compensation is likely to be higher.
2. Medical Costs – It is important to make sure to document all treatment expenses related to the accident and your DDD to give an accurate idea of the costs involved.
3. Impact on Daily Life – DDD can drastically impact a person’s ability to work or even complete day-to-day tasks. Compensation in your car accident settlement may include damages for pain and suffering, as well as the inability to perform daily tasks or work.
4. Comparative Fault – It is important to be aware that Florida follows a pure comparative negligence rule. This means that your settlement amount can be reduced if you are found partially responsible for the accident.
5. Insurance Coverage – The at-fault driver’s liability insurance limits may cap the amount you can recover.

How to Maximize Your Degenerative Disk Disease Settlement in Florida

If you are pursuing a settlement for DDD-related injuries after a car accident, the following steps can help maximize your compensation:

• Seek Immediate Medical Attention – Delays in treatment can weaken your claim. Ensure all injuries, including DDD aggravation, are documented promptly.
• Keep Detailed Records – Maintain records of medical bills, treatment plans, lost wages, and any other accident-related expenses.
• Consult a Personal Injury Attorney Near You – An experienced attorney can negotiate with insurance companies and ensure you receive fair compensation.
• Avoid A Quick DDD Settlement – Insurance companies may offer low settlements to close cases quickly. Consult an attorney before accepting any offer.

Contact A Florida Car Accident Injury Lawyer About Your Degenerative Disk Disease Settlement

A car accident can significantly impact individuals with degenerative disk disease, exacerbating symptoms and leading to costly medical treatments. In Florida, victims have the right to seek compensation for the aggravation of pre-existing conditions like DDD, provided they can demonstrate that the accident worsened the injury. This can be difficult to do without the help of an experienced car accident attorney. If you’ve been injured in a car accident in Florida and are suffering from DDD, don’t delay in seeking medical attention and legal counsel. Your health and financial well-being depend on taking prompt, informed action. We invite you to reach out to the personal injury lawyers at the Cloud Law Firm. Contact our office online or call 855-408-5100 to speak with one of our experienced car accident attorneys today to set up a free case consultation.

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