Chester County Back Injury Claims

Herniated Disks and Back Injury Claims

A herniated disk is a type of back injury; These are also referred to many times as “bulging disks” as the nerves around the disk sac become irritated and cause pain. Spines comprise a nucleus and are encased in an annulus, which is the harder exterior. 

Herniated disks many times cause no problems and can occur in one or more portions of the spine. This usually attributes to lower back pain. Symptoms can improve over time, but some patients with serious spine injuries experience real excruciating pain and can be forced to resign from their careers. 

herniated disk can occur from a simple bad movement, such as lifting a heavy object incorrectly. One should always bend at the knees when lifting to avoid this problem. 

However, serious bulging or herniated disks can be caused by injuries on a job or even by a slip and fall on-premises. This leads to the need to speak with an attorney immediately as soon as a back injury occurs. 

Surgery is not usually needed but can be in severe cases. To complicate matters, a herniated disk injury may not present itself immediately but will erupt in the future by lifting something heavy or in an incorrect manner. 

These injuries are created by an automobile accident, a work injury, or a slip and fall. Prompt medical attention should be sought, and an attorney should be on hand to navigate the water of this type of injury since it is chronic. Age also makes individuals more susceptible to back injuries and herniated discs.

The problem with herniated disks and other back injuries are twofold. They are difficult to prove and usually last a lifetime. Some jobs or careers are not possible after a disk or spine injury. Even when healed, a disk can “slip” out of place with little forewarning, which leads to job loss and financial difficulties.  

What types of jobs are not suitable for individuals with herniated disks? 

Generally speaking, office jobs where sitting all day with no heavy lifting are not likely to be affected. Even with office jobs, restrictions may apply, as any sudden movement or sitting for too many hours can aggravate this chronic condition. 

Simple movements, such as moving too swiftly, even while gardening, can cause this condition to reoccur. It is, therefore, permanent and always takes a careful approach to life. 

However, jobs that require physical labor can be lost with a back injury due to a herniated disk. This causes immense financial hardship and also mental and emotional stress. 

Some of these jobs include: 

  • Construction jobs 

almost always require heavy lifting of some types of materials. Even when a back injury from herniated disks is not acting up, as stated previously, heavy lifting can aggravate it. 

  • Warehouse jobs 

Few warehouse jobs do not require some type of heavy lifting. Even driving a forklift can put pressure on an already bulging disk. Even sitting jobs at warehouses do require bending and shifting quickly. 

  • Truck driving jobs

Whether long-haul trucking or short-haul trucking, truckers have a combination of factors that lead to back injuries and herniated disks. They sit for hours while driving but also must many times load and unload the trucks with heavy materials. According to many medical experts, more than half of all truckers suffer irreparable back damage. This does end up in careers that cannot be pursued, unfortunately. 

  • Landscaping jobs

This may not seem like a type of job that would require a lot of movement or lifting, but it does. It generally involves lifting heavy bags of mulch and soil, stump grinding, and tree removal and trimming. In Chester County, with its beautiful botany, many injuries to the backs of laborers can occur in the fall and summertime. 

When to Contact an Attorney about a Back Injury?

The simple answer is ASAP, especially when the injury is caused during employment in a high-risk injury, as listed above. While herniated disks are the main type of back injuries, other types occur, such as sprained muscles, strains, and even ruptured vertebrae. 

Web MD has a whole list, and the injuries are not easy to diagnose. X-rays and MRIs (Magnetic Resonance Imaging) are the usual methods after inflammation has died down. Back injury claims against an employer can be difficult to prove. Even car back injury claims are difficult to prove. 

Generally, insurance companies for the employer or the defendant in a car accident will seek to prove that the plaintiff, the injured party, was at least partially at fault. 

Since these injuries, if severe, can lead to a permanent disability claim, the awards can be high. Therefore any insurance company attorney will seek to minimize the failure of the defendant to exercise a correct Duty of Care. 

Conclusion—Herniated Disks and Back Injury Claims

Not just a good attorney but a great seasoned attorney should be consulted whenever a herniated disk or other back injury is suspected. If severe enough, these are life-changing injuries and generally can be permanent. 

A team with access to medical professionals with civil courtroom experience in these types of injuries is needed. Christian J. Hoey, ESQ, and his team of professionals in Chester County, PA, serve the area well with these issues and have decades of experience in these claims.

Herniated disks can be the most common type of back injury, and only an attorney with access to a back and spine medical professional should be sought. The court battle can be an upward battle. HoeyLegal brings the “team to the table” that is needed with these types of claims.

Contact this legal team in Paoli for the finest representation possible in any type of back injury claim for a free initial evaluation. 

With a back injury, a plaintiff “Cannot Afford to Lose,” which is the motto of HoeyLegal! Simply dial 1-888-GO-HOEY1!

For more information on all our law services, visit us at HoeyLegal.com or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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