Can I Sue If a Car Accident Caused a Herniated Disc?

Yes, if you’ve suffered a herniated disc due to a car accident, you have the legal right to pursue compensation from the at-fault party. This compensation can cover medical expenses, lost wages, and pain and suffering. Arizona’s pure comparative negligence system allows you to recover damages even if you were partially at fault for the accident.

Recent Case in Phoenix

In the case of Munguia v. Cramer, the Arizona Court of Appeals addressed a situation where the plaintiff, Tammy Munguia, sustained herniated discs after being rear-ended. Despite initial denial of medical assistance, subsequent MRI scans revealed herniated discs attributed to the accident. The defense argued that the low-speed collision couldn’t have caused such injuries, but the case underscores the complexities involved in proving causation and the importance of thorough medical documentation. [Source: Studicata]

Arizona Law and Your Rights

Under Arizona law, specifically A.R.S. § 12-542, you have two years from the date of the accident to file a personal injury lawsuit. This statute of limitations makes it crucial to act promptly to preserve your rights. Additionally, Arizona’s pure comparative negligence rule means that even if you are found to be partially at fault for the accident, you can still recover damages proportionate to the other party’s degree of fault.

Statute of Limitations

As mentioned, the statute of limitations for personal injury claims in Arizona is two years. Failing to file within this period can result in losing your right to seek compensation. Therefore, it’s essential to consult with an attorney as soon as possible to ensure all legal deadlines are met.

What To Do Next

If you’ve sustained a herniated disc from a car accident, seek immediate medical attention to document your injuries. Then, consult with experienced personal injury attorneys who can guide you through the legal process. At Hirsch Talcott, attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, are dedicated to advocating for injured Arizonans. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure.

Contact Hirsch Talcott today at 602-903-6000 for a free consultation to discuss your case and explore your legal options.