A herniated disc can cause severe and long-lasting symptoms. When a herniated disc results from an accident, such as a traffic accident or workplace accident, you are often entitled to compensation. However, insurers regularly try to dispute this connection, for example by claiming that the hernia already existed or has a different cause.
At Arslan Advocaten, we have extensive experience with herniated disc and back injury cases in personal injury claims. We ensure that your symptoms are taken seriously and that you receive the compensation you are entitled to.
What is a herniated disc?
A herniated disc is a protrusion of an intervertebral disc in the spinal column. This protrusion can put pressure on nerves, resulting in various symptoms.
Common symptoms
Severe back or neck pain
Radiating pain to legs or arms
Tingling or numbness
Loss of strength or paralysis symptoms
Difficulty standing, walking or sitting for extended periods
A herniated disc can be temporary but may also lead to permanent limitations.
Herniated disc caused by an accident
A herniated disc can result from sudden overloading of the spinal column, such as:
Traffic accident: for example in a rear-end collision or side impact.
Workplace accident: from a fall, heavy lifting or incorrect working posture after an accident.
Sports or private accidents: where someone else is liable.
Disputes with insurers
Insurers often dispute the connection between an accident and a herniated disc. Common arguments include:
The hernia allegedly existed before the accident (wear and tear or degeneration).
The symptoms are supposedly not caused by the accident but by pre-existing back problems.
The medical complaints allegedly do not match the nature of the accident.
This is why proper medical and legal substantiation is essential.
Practical examples
Example 1: An employee developed a herniated disc after falling from a ladder. The employer claimed the back problems already existed. After engaging Arslan Advocaten, it was demonstrated that the symptoms had arisen directly after the accident. The employee received full compensation, including loss of income.
Example 2: A motorist developed a herniated disc after a rear-end collision. The insurer initially refused to pay because the symptoms could also be due to wear and tear. However, the court ruled that the accident had worsened the symptoms and awarded compensation.
Example 3: A woman developed a herniated disc after a workplace accident and could no longer perform her job. Arslan Advocaten calculated her future loss of income and arranged not only pain and suffering compensation but also a payment for household help and home adaptations.
Checklist: what to do with a herniated disc after an accident?
Have medical examinations performed (MRI, X-ray) and keep all reports.
Keep a symptom and pain diary.
Collect medical records from your GP, physiotherapist and specialist.
Document the accident and circumstances (photos, witnesses, reports).
Keep evidence of loss of income (payslips, employment contract).
Contact a specialised personal injury lawyer immediately.
Pain and suffering compensation for herniated disc
In addition to compensation for medical costs and loss of income, pain and suffering compensation may be awarded. The amount depends on:
The severity and duration of the symptoms
The impact on work and daily life
The age of the victim
Whether there are permanent limitations
In cases of permanently disabling symptoms, the pain and suffering compensation can be substantial.
Permanent disability due to a herniated disc
A herniated disc can be so severe that you become permanently (partially) disabled. This often has major financial and social consequences:
Loss of income: you can no longer perform your old job and earn less or end up on benefits.
Limited career prospects: promotion opportunities or training are no longer available.
Future damages: the loss of income often extends until retirement age.
Adjustments to daily life: such as household help or retraining.
Practical example
A truck driver developed a herniated disc after an accident and could never return to work due to back problems. He was declared fully disabled. Arslan Advocaten calculated his loss of earning capacity until retirement age and secured compensation covering not only his current but also his future damages.
Cases like these show how important it is to calculate damages fully and accurately in cases of permanent disability.
Why Arslan Advocaten?
Extensive experience with herniated disc and back injury cases
Expertise in loss of earning capacity and future damages
Collaboration with medical and financial experts
Personal guidance throughout the entire process
Free legal assistance: we recover our costs from the liable party
FAQ about herniated disc and personal injury
1. How do I prove that my herniated disc was caused by the accident?
With medical reports showing that the symptoms arose shortly after the accident and are consistent with the circumstances.
2. What if I already had back problems before the accident?
Even then, the accident may give rise to liability, especially if it worsened the symptoms.
3. Do I always receive pain and suffering compensation for a herniated disc?
If there is pain, limitations or psychological suffering, you are entitled to pain and suffering compensation.
4. How long does a personal injury case with a herniated disc take?
That depends on recovery and complexity. Sometimes months, often years with permanent symptoms.
5. What happens if I become permanently disabled due to a herniated disc?
Then a very high compensation may be awarded, as the loss of income and future damages must be compensated until your retirement.
6. Does engaging Arslan Advocaten cost money?
No, the costs are recovered from the liable party. The assistance is free of charge for you.