A herniated disc happens when the discs cushioning the vertebrae in the spinal cord become ruptured or damaged. This type of injury often occurs when victims suffer falls or other impact to the back and spine. Those who suffer herniated discs can experience a wide range of debilitating and painful symptoms.
Every herniated disc injury case is different from the next. Still, there are categories of monetary damages that are frequently recovered in such lawsuits. During your free case review, our lawyers can help analyze the factors that may impact your herniated disc settlement and determine which damages should be sought.
If your herniated disc resulted from someone’s negligence, get help seeking payment for the damages you incurred. Connect with our experienced Boston personal injury attorneys at The Law Office of John J. Sheehan by calling (617) 925-6407.
Examples of Common Damages Recovered by Plaintiffs with Herniated Disc Injuries in Boston
A herniated disc can produce many types of damages. Still, after suffering such injuries, certain areas of compensation that are more frequently sought. The following are common damages plaintiffs with herniated disc injuries seek in their injury suits:
Pain and Suffering
Many herniated disc injury victims pursue compensation for their physical pain and emotional suffering. There are several forms of emotional anguish that can result from such injuries. For example, someone with a herniated disc may be unable to participate in their favorite hobbies or social activities. When assessing damages for pain and suffering, courts will look to the following factors:
- How badly you were hurt
- The total effect your herniated disc injury had on your daily life
- Your prognosis
Accordingly, copious amounts of evidence may be necessary to support a claim for such damages in your case. Our Massachusetts personal injury attorneys can help gather the evidence necessary to recover pain and suffering damages in your case.
Assistance with Household Chores
Also, plaintiffs with herniated disc injuries regularly require payment for assistance with their household chores. For example, the pain and physical limitations of these injuries can inhibit the performance of the following tasks:
- Preparing meals
- Getting dressed
- Cleaning the household
- Providing care for pets
- Transporting around town
Accordingly, many victims with herniated disc injuries receive compensation for assistance with household chores as part of their settlements. If you require such assistance, our lawyers can ensure you obtain the compensation you need.
Lost Earning Capacity
Workers often must spend time away from their jobs while their herniated disc injuries heal. Furthermore, in many cases, those who sustain such injuries will be permanently restricted from performing the same work that they did before their accidents. In these cases, our Cambridge personal injury attorneys can help plaintiffs pursue payment for their future lost earning capacity.
Lost future earnings are often a part of the damages claimed for a herniated disc injury. However, these claims can be complex. Expert witnesses are usually necessary to support claims for lost income going forward. Therefore, the support of our experienced lawyers can be very beneficial when seeking these damages from an at-fault party.
Cost of Surgical Procedures
In many cases, victims with herniated discs require surgical treatment. For example, common repairs include lumbar fusion surgeries, laminectomies, and anterior cervical discectomies. These operations can cost thousands of dollars and may necessitate painful post-operative care and rehabilitation.
Fortunately, plaintiffs with herniated disc injuries can recover compensation for the cost of surgical treatment they require. Our experienced personal injury lawyers can help locate the right surgeon for you. Further, our team will help recover payment for the cost of your procedure.
When Can You Settle Your Herniated Disc Injury Case in Boston?
There are several causes of herniated disc injuries you can sue for. If your injury was caused by another person’s negligence, then you may be able to recover payment for the damages you sustained. For example, you may be able to file a lawsuit if one of these accidents resulted in your herniated disc injury:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Construction site accidents
- Industrial accidents
- Lifting heavy objects
The type of accident you suffered, and severity of your resulting injuries can impact the monetary damages recovered in your case. Victims with herniated discs can reach out to our Wakefield personal injury attorneys for help recovering the settlement they deserve.
How Long Do You Have to Recover a Settlement for a Herniated Disc Injury in Boston?
Your time window to obtain a settlement for your herniated disc injury in Boston is governed by Mass. Gen. Laws Ch. 260, § 2A. It follows that victims typically have three years from the dates of their accidents to file their cases. Those who do not file their claims on time may miss out on the settlements they deserve. Accordingly, you should call our law firm immediately after suffering a herniated disc. Our team will help bring your lawsuit to court in a timely manner.
Furthermore, large amounts of evidence may be required in order to recover a fair settlement for your herniated disc injury. However, this evidence can become hard to collect and preserve as time goes on. For example, important documents can be misplaced, and pieces of physical evidence can deteriorate. The more quickly you get in touch with our Boston personal injury attorneys, the more easily we may round up the information needed to support your claim.
There are some exceptions to the standard, three-year time window for herniated disc injury cases. During our free assessment of your case, our lawyers can help explain how the statute of limitations will apply to your lawsuit.
Our Law Firm is Prepared to Assist You After a Herniated Disc Injury in Boston
If you suffered a herniated disc because of someone else’s negligence, seek guidance from our attorneys at The Law Office of John J. Sheehan. Speak with our experienced Woburn personal injury attorneys by calling (617) 925-6407 for a free review of your case.
There is far more than one way to resolve a legal dispute involving injuries. Mediation and settlement agreements are both possibilities, although they involve different approaches to the situation.
Mediation and settlements are generally voluntary processes, and neither is usually required as a matter of law. However, parties might be required to go through mediation if they agree to do so as part of a contract. Mediation is similar to settlement negotiations, and many of the same parties are involved. However, mediation is guided by a qualified mediator agreed upon by the parties. Mediation efforts are designed to end in a settlement between the parties, although a settlement is not required. If settlement talks or mediation breaks down, the details of those meetings are usually not disclosed to the courts and may not be used in your trial.
If you were injured in Boston, mediation or settlement negotiations might be a good way to get your damages covered. If not, our Massachusetts personal injury attorneys can represent you at a trial. For a free case review, call the Law Office of John J. Sheehan at (617) 925-6407.
When Mediation or a Settlement is Required in Boston Injury Cases
Settlements are voluntary agreements entered into by the parties outside of court. These private agreements are then made legally binding by the court. Settlements are very common in various civil cases, including injury cases, and our Wakefield personal injury lawyers can help you negotiate a good settlement.
Mediation is often voluntary but might be required under certain circumstances, usually as part of a contract. This is more common in cases where the plaintiff was injured at work, and their contract with their employer requires mediation before a lawsuit. For example, if you sign a contract to work a construction job, the contract might state that you must go through mediation as a first course of action if you are injured.
Even if you have to go through mediation, the outcome is not binding upon the parties unless they agree to the final decisions. Once a judge signs the mediation agreement, it becomes legally binding as a court-ordered judgment. Mediation is meant to be voluntary, and the parties are generally free to reject the outcome of mediation.
Parties Involved in Mediation and Settlements in Boston Injury Lawsuits
The people involved in settlements and mediations are often similar, but there are a few key differences. In a settlement, the only parties are those involved in the legal dispute and their attorneys. For example, if your neighbor injured you, the settlement would include yourself, your neighbor, and either side’s attorneys and insurance companies.
Witnesses might come up, but they are often absent during settlement negotiations and are not considered parties to the case. However, their potential testimony might be brought up in settlements as leverage for more compensation. Our Boston personal injury lawyers can help you through settlement negotiations and hopefully get your damages covered.
In mediation hearings, many of the same parties are present in addition to some others. You, the defendant, and everyone’s attorneys should be present in mediation hearings. Additionally, a qualified mediator is there to guide the hearing to a possible settlement. The mediator is not acting as a judge or attorney, but they often have significant legal experience, and many mediators were previously judges and lawyers.
Unlike judges, mediators are not there to sus out liability, negligence, or other issues that are normally the fulcrum of civil lawsuits. Instead, the mediator acts more as a guide for the parties and encourages them to resolve their dispute on terms they both agree on.
Depending on the situation, the defendant’s insurance adjustor might be present at mediation proceedings, usually because they are paying for damages on behalf of the defendant. This is common in injuries from car accidents where the parties have insurance to cover expenses.
Differences in Outcomes Between Mediation and Settlement in Boston in Injury Cases
Mediation and settlements might end in similar ways. A settlement is an agreement between the parties where certain damages are paid, and the lawsuit is ultimately dropped. Generally, the right to sue for the dispute is waived, and plaintiffs can take no further legal action against the defendant. It is important to make sure your settlement is adequate before finalizing anything, and you can talk to our Brockton personal injury lawyers about your potential settlement.
Mediation is similar in that the parties might come to a conclusion or agreement they both agree upon, which is finalized by a judge. However, the conclusion of mediation does not always mean the parties have reached an agreement. If both dispute resolution methods break down, a trial might be the next step.
While settlements and mediation can end similarly, the road to getting there differs. Settlement negotiations are often informal and only involve discussions between the parties. On the other hand, mediation is a bit more structured – although not as formal as a trial – and is guided by a third-party mediator.
How Mediation and Settlements Affect Trials in Boston Injury Lawsuits
Mediation and settlement agreements might affect your ability to pursue a trial. One important consideration is time. You must be careful of statutes of limitation. If mediation occurs, it should be completed as quickly as possible so that the statute of limitations regarding your injury does not expire.
According to Mass. Gen. Laws Ch. 233, § 23C, the work of a mediator is exempt from disclosure in judicial or administrative proceedings regarding the parties and their dispute. This means that mediation records cannot be used in your civil lawsuit.
Often, defendants might make certain admissions in mediation that would be quite damning in the courtroom. However, these records cannot be disclosed to the court and may not be used as evidence. This also cuts the other way and might protect you if you make certain admissions or provide information that weakens your case.
Sometimes, the parties agree to settle after mediation, even though the mediator’s decision does not legally bind them. Other times, the parties disregard the mediator’s decision and reach a settlement based on their own terms or pursue a full trial. If that happens, the details of the mediation process or settlement talks are barred from coming up at a trial.
Call Our Boston Personal Injury Attorneys for Assistance Now
Injury cases can become heated, and mediation can be a helpful way to reach a resolution. If mediation or a settlement is not what you want, our Cambridge personal injury attorneys can assist you with a lawsuit and trial. For a free case review, call the Law Office of John J. Sheehan at (617) 925-6407.
If you were injured in a car accident, you might be able to claim damages in a lawsuit against the responsible driver. a personal injury lawsuit for a car accident in Massachusetts will often revolve around proving the other driver’s negligence. These kinds of cases do not always start right after the accident happens and many plaintiffs decide to wait. However, it is important to understand that a statute of limitations may bar you from filing your lawsuit if you wait too long.
Statutes of limitations are like rules that impose time limits on filing lawsuits. Different kinds of cases may have different statutes of limitations. In Massachusetts, personal injury cases, including those for car accidents, have a time limit of three years. The time limit usually begins on the date of the car accident. However, time limits may be tolled under certain circumstances, thus buying you extra time.
If you were injured in a car accident in Massachusetts, the time to file your lawsuit and get compensation for your injuries might be running out. Our Boston car accident attorneys and Somerville front end car accident lawyer can help you file your case on time and begin the legal process to get the compensation you are entitled to. Schedule a free consultation by calling the Law Office of John J. Sheehan at (617) 925-6407.
The Statute of Limitations on Massachusetts Car Accident Lawsuits
In Massachusetts, the statute of limitations for filing a personal injury claim related to a car accident is three years. If you miss this deadline, you are barred from ever filing your lawsuit. it is crucial to understand the statute of limitations on your case as soon as possible. Filing a lawsuit is a big decision and many people need some time to mull it over. However, if you let too much time pass by, you might lose the opportunity forever.
Do not feel pressured to file your car accident lawsuit as soon as possible because of the statute of limitations. There are some advantages to waiting a bit before beginning your lawsuit. For example, injuries from car accidents are not always obvious at first. Sometimes, the true extent of an injury is unknown until several months, or even years, later. If your injuries appear just to be some bumps and bruises, you might think suing is unnecessary. But in a year, those bumps and bruises could turn out to be a chronic pain condition worth filing a lawsuit over.
This is partially why the statute of limitations covers several years rather than a shorter period of time. People need time to process their injuries and determine if a lawsuit is the best course of action. However, statutes of limitations also prevent people from filing frivolous lawsuits years after their accidents when little to no evidence remains. For help with your car accident lawsuit, call our Cambridge personal injury attorneys right away.
Tolling a Statute of Limitations for Car Accidents in Massachusetts
In some cases, the statute of limitations for car accident in Massachusetts may be tolled. Tolling the statute means stopping the clock and effectively buying some extra time. However, tolling the statute is not permitted simply because you mismanaged your time and failed to meet the filing deadline. Tolling is often permitted when circumstances beyond your control prevent you from filing on time.
Statutes of limitations are often tolled when the plaintiff is disabled. When talking about tolling a statute of limitation, a “disability” does not necessarily refer to differently-abled people. Instead, a disabled plaintiff is incapable of bringing the lawsuit. For example, if someone were in a coma for three months after their car accident, they would be considered disabled for those three months, and their statute would be tolled. Statutes are typically tolled for the duration of the disability. If a disability is permanent, someone may be able to bring a lawsuit on the plaintiff’s behalf as a guardian.
Statutes are also often tolled for minors because they cannot legally bring a lawsuit on their own. If a minor is injured in a car accident, the statute of limitations for their personal injury lawsuit may be tolled until they turn 18.
Still, other times a person may not realize they are injured until much later. This is often the case with injuries that do not manifest very quickly. For example, if a person suffers from a concussion in a car accident, they might not think they need to file a lawsuit. However, if their concussion turns into a chronic pain condition and they suffer frequent, severe headaches, they may be able to toll the statute of limitations because they did not know the true extent of their injuries.
Getting a statute of limitations tolled is not always easy. In some cases, a plaintiff is required to exercise “due diligence” to file the lawsuit on time before being allowed to toll the statute. If the court does not believe you fulfilled your due diligence, you might be out of luck. Call our Massachusetts personal injury lawyers for more information.
How a Massachusetts Attorney Can Help with Your Car Accident Lawsuit
If you are considering filing a personal injury lawsuit for a car accident, you might be wondering how an attorney can help you. Many people want to file a lawsuit but are worried that attorney’s fees will be too expensive. However, attempting to navigate a personal injury lawsuit without any legal counsel is a recipe for disaster.
Attorneys can help you at every step of a personal injury lawsuit. Even just filing the lawsuit has specific requirements and deadlines that you might be unaware of. Lawsuits are riddled with procedural steps before you ever get to your actual trial. If these procedural steps are missed or done incorrectly, your case may be in jeopardy. an attorney will help you not only file your lawsuit but file it on time within the relevant statute of limitations.
Once you get to trial, a lawyer can help you craft the most effective strategy for your case. Presenting your case at trial is extremely difficult. Legal professionals will heavily scrutinize your arguments and evidence and you need to be prepared to defend yourself against your opponent. Your attorney will have the skills and legal experience to zealously advocate on your behalf. Call our Boston personal injury attorneys and Somerville side-impact car accident lawyer today to discuss your case.
Call Our Massachusetts Car Accident Lawyers for a Consultation
If you or someone you know was injured in a car accident, you might be able to obtain compensation through a personal injury lawsuit. Schedule a free legal consultation with our Wakefield personal injury attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.