A car crash or other serious accident can lead to a variety of injuries, some more obvious than others. One common but often overlooked injury is a herniated disc, especially in the cervical spine at the C4/C5 or C5/C6 levels. These types of injuries can cause severe pain, limited mobility, and long-term medical issues. If you’ve suffered a herniated disc due to a car accident in Calgary, Edmonton or anywhere in Alberta, it’s crucial to understand your rights and how to pursue compensation with the help of a personal injury lawyer in Calgary or Edmonton.
What is a Herniated Disc?
Your spine is made up of vertebrae that are cushioned by discs. These discs act as shock absorbers and allow your spine to move smoothly. A herniated disc occurs when the soft, gel-like center of a disc pushes out through a tear in the outer layer. When this happens in the cervical spine, particularly between the C4/C5 or C5/C6 vertebrae, it can compress nearby nerves, leading to pain, numbness, or weakness in the neck, shoulders, arms, and hands.
How Do Accidents Cause Herniated Discs?
Herniated discs can result from a variety of accidents, including:
- Car Accidents: A sudden impact, such as rear-end collisions, can put significant pressure on the neck, leading to a herniated disc. Whiplash, a common injury in car crashes, often results in damage to the cervical spine.
- Slip and Falls: A hard fall onto your back or neck can also cause a disc to herniate. The force of the fall can damage the spine, leading to long-term pain and mobility issues.
- Workplace Accidents: Heavy lifting or repetitive strain can cause the discs in your spine to weaken or tear over time, resulting in a herniated disc.
Symptoms of a Herniated Disc at C4/C5 or C5/C6
A herniated disc in the C4/C5 or C5/C6 region can cause significant discomfort. Common symptoms include:
- Neck Pain: Sharp or burning pain in the neck, especially when turning your head.
- Shoulder and Arm Pain: Pain that radiates down into the shoulders, arms, or hands.
- Numbness or Tingling: You may experience numbness, tingling, or a “pins and needles” sensation in your arms or hands.
- Weakness: Muscle weakness in the arms or hands, making it difficult to grip objects or perform daily tasks.
If you experience any of these symptoms after an accident, it’s important to seek medical attention right away. Early diagnosis and treatment can prevent the injury from worsening.
Pursuing Compensation for Herniated Disc Injuries in Alberta
If your herniated disc was caused by a car accident or another incident where someone else was at fault, you may be entitled to compensation. In Alberta, personal injury claims are governed by the Tort Law system, meaning you must prove the other party’s negligence to receive compensation.
Here’s what you need to know about filing a personal injury claim for a herniated disc:
- Medical Documentation: Proper medical documentation is crucial. You’ll need to show that your herniated disc was a direct result of the accident and not a pre-existing condition. Diagnostic tests such as MRI scans and medical reports from your doctor can help establish the connection between the accident and your injury.
- Proving Negligence: To succeed in a personal injury claim, you must prove that the other party was negligent. In car crash cases, this could involve demonstrating that the other driver violated traffic laws or drove recklessly.
- Calculating Damages: You may be eligible to recover damages for medical expenses, lost wages, rehabilitation costs, and pain and suffering. Alberta law allows individuals to seek compensation for both economic and non-economic damages.
- Alberta’s Minor Injury Regulation: Be aware that Alberta has a cap on damages for “minor injuries,” which includes some soft-tissue injuries. However, if your herniated disc is severe and causes long-term disability or pain, it may not be classified as a minor injury. A personal injury lawyer can help determine whether the injury falls under the minor injury cap or qualifies for greater compensation.
How a Personal Injury Lawyer Can Help
Navigating the legal process after a car accident can be complex, especially when dealing with serious injuries like a herniated disc. A personal injury lawyer in Calgary or Edmonton can assist you in several ways:
- Evaluating Your Case: A lawyer will assess your medical records and the circumstances of the accident to determine the strength of your case.
- Negotiating with Insurance Companies: Insurance companies often try to minimize their payouts. A personal injury lawyer will negotiate on your behalf to ensure you receive fair compensation for your injuries.
- Handling Legal Paperwork: Filing a personal injury claim requires a significant amount of legal paperwork. A lawyer will handle all of this for you, ensuring deadlines are met and your claim is filed correctly.
Conclusion
A herniated disc at C4/C5 or C5/C6 can lead to chronic pain and other complications, especially if it results from a car crash or other accident. If you’ve suffered this type of injury due to someone else’s negligence, it’s important to understand your legal rights. By working with a personal injury lawyer in Calgary or Edmonton, you can pursue compensation to cover medical bills, lost wages, and other damages.
If you or someone you know has experienced a herniated disc injury from an accident, contact a personal injury lawyer at www.theaccidentlawyers.ca for a consultation today. We’re here to help you navigate the legal process and ensure you receive the compensation you deserve.