Ferndale Back Injury & Herniated Disc Lawyers

Thanks, and congratulations for taking the first step to learn more about your rights after a Ferndale, MI accident involving a back injury, neck injury and/or a herniated disc. This page is intended to provide general information about your rights after a Ferndale auto accident resulting in back injuries and/or herniated discs. It’s recommended to speak to a Ferndale plaintiff Attorney experienced in negotiating claims, assisting Oakland County accident victims, filing lawsuits to recover compensation, and arguing for the rights of auto accident victims in courts like the 6th Circuit Court, 43rd District Court, and the United States District Court for the Eastern District of Michigan. 

What do I need to prove to win a Ferndale herniated disc lawsuit?

With the new 2019 No-Fault Act reforms enacted by the state legislature, much of Michigan auto law has changed in a number of ways. This affects all Ferndale, Michigan car accident, motorcycle accident, and truck accident victims.

There are generally two types of lawsuits that can be filed in court separately or together for crash victims with herniated discs. There are “first-party” cases (often referred to as PIP cases, personal injury protection cases, and/or No-Fault cases).  And, there are “third-party” cases (often referred to as bodily injury cases, BI cases, pain and suffering cases, and/or negligence cases). 

First-party cases for personal injury protection coverage involve the following benefits that are owed by the highest-priority insurance company:

●         Reasonably necessary medical products, services and accommodations for an injured person's care, recovery, or rehabilitation

●         Wage loss paid at 85% from work an injured person would have performed during the first 3 years after the date of the accident if he or she had not been injured

●         Household services payable at $20 per day

●         Attendant care payable at a reasonable rate per hour

How much compensation is a Ferndale herniated disc case worth?

This is a difficult number to calculate, and it’s unlikely that any Ferndale plaitniff Lawyer can tell you the exact value of a Ferndale herniated disc case from the initial consultation.  This figure depends on a variety of factors including:

●        Amount of herniated discs

●        Severity of herniation(s)

●        Who is at fault for the Oakland County accident?

●        Pre-existing conditions

●        Insurance policy limits for the negligent driver

●        Damage to the vehicle(s)

●        Whether the appropriate police department for Ferndale responded

●        Level of medical treatment

●        Whether there is a future wage loss claim

There are many more factors as well in evaluating a car crash claim where the victim ends up with at least one herniated disc. 

At the same time, it’s important to understand that Michigan law has codified the well-known Michigan Supreme Court case from 2010, McCormick v Carrier.  See MCL 500.3135.

If your accident law firm can prove that the other driver was at fault and that there is an objectively manifested impairment of an important body function that affects one’s general ability to live their normal life, then the third-party case may proceed in Michigan and the case value becomes more important.  If the negligent party won’t settle, then eventually it becomes up to the finder of fact (usually a Oakland County jury or sometimes the judge) to decide what the value of the Ferndale herniated disc injury case is. Because proving this standard is so important, car crash victims are recommended to hire a car crash Attorney with experience in the Michigan plaintiff field.

Payment for first party benefits is typically available to Ferndale, Michigan accident victims from the highest-priority personal injury protection so long as the benefits are medically necessary.  If the amount of No-Fault coverage the highest-priority insurer has is insufficient, you may be able to bring an excess medical claim in the third-party (or pain and suffering) lawsuit to recover the additional monetary compensation.

Because this is a complex process and because insurance companies stand to gain from confusion regarding the Michigan No-Fault system, our personal injury law firm always suggests that Ferndale car crash victims with a herniated disc injury should contact a Ferndale herniated disc injury Attorney to learn more about their rights.

Where will my Ferndale herniated disc lawsuit be filed?

Our plaintiff lawyers can assist in determining where it would be most appropriate to file your herniated disc injury lawsuit.  For auto accidents occurring in Ferndale, MI, typically cases will be filed in either the 6th Circuit Court, located at 1200 N Telegraph Rd Department 404, Pontiac, MI 48341-0404, or sometimes in federal court at the United States District Court for the Eastern District of Michigan, which has multiple courthouse locations on the Eastern side of the state.  Occasionally, smaller value personal injury protection lawsuits for Ferndale back injury claims may be filed in the 43rd  District Court, located at 305 E. 9 Mile Road, Ferndale, MI 48220.

What if the at-fault driver didn’t have insurance in Ferndale, Michigan?

This happens from time to time, and it’s unfortunate! There is a legal solution to this issue though for Ferndale crash victims.  When we learn of either a hit-and-run case or a case where an uninsured driver crashes into our client, we look for uninsured motorist coverage.  Uninsured motorist claims work in a similar way to third-party claims, but there are differences based on the insurance policies involved.  When a Ferndale herniated disc victim calls our plaintiff law firm for the first time, we launch an investigation into all involved insurance companies, review all applicable insurance policies that we can obtain, and determine if proceeding with an uninsured motorist claim is possible and how much coverage, if any, is available to cover damages.  In short, it makes sense to consult a Ferndale auto accident Lawyer regarding uninsured motorist claims to make sure that you understand your rights and that your rights are protected.

Which police department will respond to my Ferndale, Michigan motor vehicle accident?

After someone calls 911 after a Ferndale accident, the police usually respond as soon as possible. Typically, the local police department will respond to accidents in Ferndale, MI. This would usually be the Oakland County Sherrif. Their website is https://www.oakgov.com/sheriff/Pages/default.aspx. Sometimes, depending on several factors, including which roadway the crash took place on, the Michigan State Police (MSP) may respond to the scene of the crash. The MSP’s website is https://www.michigan.gov/msp/.

What is a herniated disc?

A disc is a small padding that is found between the vertebrae.  Discs have a soft, elastic, cartilage nucleus, or middle, and a tough outer wall.  The spine is made up of 33 vertebrae.  There are 7 cervical or neck vertebrae which are numbered C1 – C7, 12 thoracic or mid-back vertebrae which are numbered T1 – T12, 5 lumbar or lower back vertebrae which are numbered L1 - L5, 5 sacral vertebrae which help connect the spine to the hips, and 4 coccygeal or tailbone vertebrae. Discs are located between the vertebrae and act as natural shock absorbers, helping keep the vertebrae from rubbing together and keeping the spine flexible. 

Discs can be become damaged in car accidents when a body is harshly jostled or the spine sustains injury.  When the disc is damaged in a car crash, the hard exterior might tear or crack causing the soft cartilage in the middle of the disc to come out through the tear.  This damaged disc is now called a herniated disc. 

Herniated discs, also called slipped or ruptured discs (or even “disks”), can cause pain and often occur as a result of a car crash. When herniated discs push on a nerve it can cause severe pain, tingling, numbness, muscle weakness, and spasms.  Depending on where the herniated disc is located, pain may radiate or cause sharp or shooting pain when sitting, standing, bending, or carrying out other basic activities.  Herniated discs can also cause sciatica when they push on the sciatic nerve in the lower back and cause pain to radiate from the buttocks and down the legs among other symptoms. In rare situations, herniated discs can cause nerve root compression so severe that people can lose control of their bladder or bowels and/or feel weakness in the legs.  This is called cauda equina syndrome.

Herniated discs are diagnosed with imaging studies such as X-rays, CT scans, MRIs, myelograms, and/or EMGs. 

As Ferndale has a population of 19928, herniated discs or other spinal injuries occur as a result of an auto accident more frequently than many residents might think.

How long does a disc herniation take to heal?

Disc herniation can take anywhere from a few weeks to a few months to a few years to heal depending on the individual disc’s damage. Some herniated discs or other spinal injuries never fully heal, especially if they are not treated properly. Victims receiving herniated discs or other spinal injuries after a Ferndale crash should seek medical help as soon as possible, especially if pain lasts for more than a few weeks. Those who have been injured in a car accident should seek medical help immediately.

What are common medical treatments for herniated discs or other spinal injuries?

Pain relievers and other medications such as muscle relaxants and steroid injections, hot or cold packs, and exercise are common ways to treat herniated discs or other spinal injuries.  Sometimes, just plain rest helps treat herniated discs.  Any good Ferndale personal injury Attorney would tell you to follow your doctor’s orders and if you feel like it’s necessary, get a second medical opinion before undergoing any treatment that you are unsure about.

Medical providers that frequently work with Ferndale herniated disc patients may include: orthopedic surgeons, neurosurgeons, pain management specialists, physical medicine & rehabilitation doctors, and chiropractors.  Other providers that may be involved in the treatment include: physical therapists, massage therapists, and even nurse case managers.

What is the difference between a herniated disc and a bulging disc?

A bulging disc occurs when the tough exterior of the disc weakens causing the gel-like nucleus to bulge out, but not yet rupture through the wall of the disc.  When the exterior of the disc does break and the cartilage ‘slips’ out, the disc becomes herniated.  A bulging disc is actually the first stage of a herniated disc, although the disc doesn’t always have to escalate to a full herniation. 

These subtle distinctions frequently come up when our accident Attorneys are advocating for our clients.  Ensuring you hire a Attorney that understands and can argue these nuances surrounding a Ferndale case with herniated discs or other spinal injuries is critically important when the insurance company hires counsel to minimize your compensation.

Should I have surgery for herniated discs or other spinal injuries?

Most doctors recommend conservative treatment before suggesting a surgical procedure.  However, if all other treatments have been exhausted, surgery may be an option, especially if nerve damage is present. 

There are a few surgeries that may help treat Ferndale patients with herniated discs or other spinal injuries.  While some treatments may be non-invasive, others are minimally-invasive and performed by an orthopedic surgeon.  Some patients undergo a combination of these surgeries.

The first is a laminotomy which is performed by creating an opening in the part of the vertebra that the spinal cord and nerves pass through to relieve pressure on the nerve roots at a specific vertebra. The lamina, which is part of the arch of each vertebra, where the opening is made by removing part of it, may even be fully removed in what is called a laminectomy.

Another surgery called a discectomy is performed (usually on discs in the lumbar region) to remove the herniated disc material and close the disc back up or even to remove the entire disc.  If the herniated disc is fully removed, an artificial disc surgery may be performed to replace the disc with one made from metal and plastic. 

A more complicated surgery that’s performed under general anesthesia is the spinal fusion.  This procedure involves using a bone graft either from the patient’s own bone, a donor bone, or a synthetic bone, and even metal screws and rods, to join two (or more) vertebrae together so that there is no space between them.  A spinal fusion is sometimes performed after laminectomy or discectomy to help stabilize the region, and sometimes a discectomy must be performed in order to do a spinal fusion.  When vertebrae are fused, movement in that area of the spine is limited but this helps because herniated discs cause moving to hurt. While the other surgery options are generally outpatient procedure, spinal fusion involves a few days in a hospital (such as Henry Ford Kingswood Hospital, Michigan Surgical Hospital, Zawaideh Medical Center, and St. Vincent DePaul Health Center) and recovery may take a few months. It should be noted that a surgical procedure isn’t an option for everyone and isn’t always successful for everyone.  Frequently, follow-up medical help is necessary.

More information about The Michigan Law Firm, PC

Our office is comprised of accident lawyers and legal support staff.  The Michigan Law Firm, PC always ready to discuss your rights after a Ferndale auto crash.  While, our office is located in Birmingham, Michigan, we handle cases all across the state.  We work hard to seek maximum pain and suffering compensation and personal injury protection benefits available to those who suffer herniated discs or other spinal injuries after a Ferndale accident.

We work on a contingency fee and only get paid when we succeed for you.Contact us today regarding your Ferndale crash at 844.464.3476 for a free consultation.