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Fort Smith Spinal Cord Degenerative Disorder Injury Lawyer

Spinal Cord Injury Degenerative Spinal Disorders

No one ever wants to be in a car accident and have to deal with the various injuries they may sustain. Lives are disrupted, anxiety becomes a daily visitor, fear of being in another accident becomes an obsession, and trying to cope with physical changes in the aftermath of a crash is exhausting.

Symptoms vary for every individual and depending on the location of the affected disc or discs, there may be pain in the buttocks and thighs, neck or arm pain, numbness or tingling in the legs, and/or back pain. The pain is typically aggravated by twisting, bending, and lifting. Degenerative spinal disorders are often diagnosed according to a patient’s medical history, neurological exams, and physical examinations.

If you have degenerative spinal disorders or degenerative disc disease (DDD), you may worry you are not eligible for compensation, even if another driver caused the accident. This is not the case. At the Law Office of Jason M. Hatfield, we walk you through your legal rights, what to expect, how a case such as yours may proceed, and what your diagnosis may mean.

Types of Spinal Disorders from a Serious Car Accident

Typically, degenerative disc disease or spinal disorders manifest due to the natural process of aging. Although a spinal cord injury sustained in a car accident can inflame or provoke a condition, a sudden onset of new symptoms is cause for concern.

Sustaining injuries in a collision not only creates emotional distress, but accident victims are often left with immense physical pain. A serious crash can turn into a life-changing event for many. Common spinal disorders than can happen after a car crash include the following:

  • Spondylolisthesis – the displacement of vertebral disc from the spinal column. It may be displaced forward or backward. Forward displacement is referred to as anterolisthesis. Backward displacement is referred to as retrolisthesis.

    The condition is frequently preceded by spondylolysis. There are five subtypes: degenerative spondylolisthesis, dysplastic spondylolisthesis, isthmic spondylolisthesis, pathologic spondylolisthesis, and traumatic spondylolisthesis.

    The two most frequent variations are dysplastic spondylolisthesis and isthmic spondylolisthesis. Symptoms include lower back pain, pain in the buttocks, and thighs, reduced range of motion in the lower back, kyphosis, and weak, painful legs or numbness from nerve compression.

  • Degenerative Disc Disease – is often diagnosed using MRI scans, X-rays, and CT scans. If there is no sign of muscle weakness or nerve root compression, nonsurgical treatment options may be recommended. Surgery may be necessary if lesser treatment options do not help remedy the pain and symptoms. Surgery may involve spinal decompression, discectomy, and fusion to stabilize the spine.

    Spinal decompression along with a discectomy and fusion is usually done to remove the affected disc and fuse the adjoining vertebrae to stabilize the spine. Nonsurgical treatment options such as medication, rest, exercise, and physical therapy may be recommended for people with no evidence of nerve root compression or muscle weakness.

  • Kyphosis – abnormal spinal curvature causing a deformity of the upper back, also referred to as a hunchback. Mainly affects the thoracic spine, but may include the lumbar and cervical spine. It may result from traumatic injuries, disc degeneration, arthritis, osteoporotic fractures, spinal infections, and possible malignancies.

    There are several types of adult kyphosis: congenital kyphosis, degenerative kyphosis, post-traumatic kyphosis, post-surgical kyphosis, postural kyphosis, and Scheuermann’s kyphosis.

  • Lumbar Spinal Stenosis – between the vertebrae are spinal facet joints and intervertebral discs. Aging means discs are less spongy, bulging, and hardening. Changes can result in the narrowing of the lumbar spinal canal or spinal stenosis.

    Symptoms may include cramping or numb legs with or without back pain. Maybe a weakness in the legs. Discomfort may intensify by prolonged walking or standing.

Other Types of Spinal Cord Problems That Can Occur After a Serious Arkansas Accident

  • Disc Herniation – each vertebra is connected by gelatinous-filled discs that cushion the vertebrae along the spinal column. A disc becomes herniated when all or some of the gel breaks through a weakened disc section.
  • Most herniations are in the lower back and can cause tingling and pain. Being involved in a car accident can result in aggravating this condition. Symptoms may include deep pain in or over shoulder blades, muscle spasms in the neck, neck pain, severe lower back pain, and arm muscle weakness.

  • Spinal Fractures – fractures happen when the vertebral body of the spine is compressed or squeezed. This limits mobility and results in pain, spinal deformities, and loss of height.
  • Fractures may be the result of a tumor, osteoporosis, or trauma. Symptoms include severe back pain, weakness, numbness, and limited spinal mobility. Often diagnosed via MRI scan, X-rays, and/or bone scan.

  • Radiculopathy – neurological issues resulting from pressure on nerves and the spinal cord, such as weakness, pain, and numbness. Cervical radiculopathy is the dysfunction of an injured or compressed spinal nerve root in the neck.

    Causes may include degenerative spondylolisthesis, degenerative disc disease, and spinal stenosis. Being in a collision can exacerbate these symptoms.

  • Sacroiliac Joint Pain/Dysfunction – the sacroiliac joint is a shock-absorbing structure and if it is injured can result in a twisted pelvis, different leg lengths, arthritis, ankylosing spondylitis, lower back pain, radiating pain in the buttocks, thighs, lower back.

    The condition may cause limping, limited range of motion, and psoriasis. It is difficult to diagnose as it is a good mimic of herniated disc issues, sciatica, and other lower back pain issues. Treatment may start on the conservative side, but may also include surgery.

What You Need to Know About Pre-existing Conditions and Car Accidents

It is important to know that if you have a pre-existing or degenerative health issue, it may be aggravated by being in a motor vehicle accident. In the aftermath of a car accident, insurance companies are famous for attempting to deny or reduce claims made by accident survivors with pre-existing health issues.

The argument most used by insurance companies is that the crash had nothing to do with the survivor’s health problems and that the issues were there in the first place. The law sides with survivors whose existing conditions were inflamed by being in a car crash.

In Arkansas, courts have held that pre-existing conditions, which include back issues, qualify a crash survivor as an “eggshell plaintiff.” The Eggshell Plaintiff doctrine says a negligent defendant takes the survivor as they are found, even a survivor that is as delicate as an eggshell.

Whether the survivor recovers quickly or slowly, the defendant is responsible for all injuries caused by an accident. Accident survivors do not choose to be in a vehicle crash whether or not they have pre-existing conditions. The survivor is entitled to compensation for their injuries.

Contact the Fort Smith Law Office of Jason M. Hatfield Today

If you were involved in a Fort Smith car crash and sustained a spinal cord injury, call the Law Office of Jason M. Hatfield at (479) 361-3575. Our dedicated team of Fort Smith spinal cord injury degenerative spinal disorder attorneys is here to help.

Call us today for a free initial consultation and to find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: (479) 361-3575.

Fort Smith Personal Injury Lawyer

Fort Smith Personal Injury Lawyers

We pursue fair compensation on behalf of accident victims throughout Sebastian County

Suffering a serious injury can throw your life into a tailspin. You may suddenly find yourself in the hospital, missing weeks of work, and wondering what your future will look like. When will doctors say you can go home? When will you be able to return to work? Will there be any additional follow-up medical treatment you’ll need to pursue? How are you going to pay for all of this? These are common questions anyone would ask themselves if they were in your position. At the Law Office of Jason M. Hatfield, P.A., we are a compassionate team of Fort Smith personal injury lawyers who are here to help accident victims on their road to recovery. Our lawyers will take the time to sit down with you and listen to your story because we believe the more we know about your case, the better we can help.

Table of Contents

We handle a variety of Fort Smith personal injury cases

For more than 20 years, the Law Office of Jason M. Hatfield has provided exceptional representation to Fort Smith accident victims and their families. We believe that by holding people accountable for the harms caused by their negligent actions, we are not only helping clients, we are also helping make Arkansas a safer place. 

Accidents are one of the leading causes of preventable injury in Arkansas and across the United States. At the Law Offices of Jason M. Hatfield, we proudly represent clients who suffered injuries related to any of the following accidents.

Car Accidents

Motor vehicles are necessary in today’s society; however, our reliance on them creates a situation where many drivers overlook the dangers these vehicles present. Motorists owe a duty of care to the others on the road. This means that a driver who negligently causes a car accident that injures another motorist, passenger, bicyclist or pedestrian can be held liable for the injured party’s damages. In most cases, these Fort Smith car accident lawsuits are filed against the at-fault driver, and that driver’s insurance company has a duty to assign that negligent driver an insurance defense lawyer to defend the case under the insurance policy. A knowledgeable Fort Smith car accident lawyer can help accident victims effectively prepare their claims.
Arkansas Car Accidents Infographic

Over 500 people are killed in fatal Arkansas car accidents and another 2,000 seriously injured each year. Roughly 20 percent of all fatal traffic accidents in the state involve a driver who was under the influence of alcohol. 

Truck Accidents

Arkansas truck accidents make up only a small percentage of the total number of traffic accidents in the state. However, they comprise a much larger portion of those accidents resulting in serious or fatal injuries.

About one in six fatal Arkansas motor vehicle accidents involves a large truck like a semi-truck. 

Most truck drivers understand the dangers of driving a huge vehicle and take the necessary precautions. However, unfortunately, that is not always the case. Truck drivers are under tremendous time pressure to travel as many miles as they can each day, which increases the chances of distracted driving or drowsy driving accidents. If you or a loved one were involved in a Fort Smith truck accident, speaking with an attorney is an excellent first step to gaining a greater understanding of how to hold a negligent truck driver accountable for their actions.
Smoke rising from a truck accident on highway

Motorcycle Accidents

While many people think motorcycle accidents usually involve a single vehicle, that is not the case. 

Arkansas motorcycle accident infographic

Motorcycles are involved in about ten percent of all fatal and non-fatal traffic accidents in Arkansas.

Many people are under the false impression that most motorcycle accidents are single-vehicle accidents. However, that is not the case; more than half of all Arkansas motorcycle accidents involved at least one other vehicle.

Unfortunately, due to the lack of protection motorcycles offer to riders, injuries in these accidents tend to be severe. Even if you are wearing a helmet, you can still suffer life-changing injuries, such as a traumatic brain injury, broken bones, severe burns and more. Fort Smith motorcycle accident victims should reach out to an experienced personal injury lawyer to help them prepare their claim.

Slip and Fall Accidents

Falls are among the most common causes of injury among older adults; however, every age group is at risk. Property owners have a legal obligation to keep their property safe for invited guests. The extent of a property owner’s duty varies, depending on the type of location they own and the nature of your visit. However, typically, a landowner must warn guests of known hazards that could threaten their safety. And when it comes to business, they have a heightened duty to conduct routine inspections to discover potential hazards that could be dangerous for customers. Fort Smith slip and fall accidents can happen anywhere, including:
  • Grocery stores
  • Shopping malls
  • Department stores
  • Public buildings
  • Hospitals and doctor’s offices
  • Parking lots and parking garages
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8 Stages of the Personal Injury Lawsuit Process in Arkansas

Sustaining an injury after a severe accident can be a very stressful experience. Most people considering a personal injury lawsuit have little to no experience with the process. Going through the personal injury process with an expert attorney can make the process less intimidating & more manageable. The Arkansas personal injury lawyers at the Law Office of Jason M. Hatfield, P.A. have outlined the eight stages of how the personal injury process works in the state.

Damages in a Fort Smith Personal Injury Lawsuit

Those who successfully bring a Fort Smith personal injury lawsuit can recover financial compensation for their injuries. While every case is unique, and it’s impossible to pinpoint what a damages award will look like without an in-depth case analysis, Arkansas law generally allows accident victims to recover for their economic and non-economic damages.

Economic Damages

Economic damages pay you back for the money you were forced to spend (or could not make) because of the accident. For example, medical bills, lost wages, decreased earning capacity and property damage are all types of economic damages. Proving economic damages is generally pretty straightforward, as you can present objective evidence of the amount of damages. For instance, we can present the court with your total medical bills to prove the cost of your medical treatment. 

Non-Economic Damages

Non-economic damages, on the other hand, are a little more complicated. These damages compensate you for the emotional and psychological effect the accident had on your life. For example, the following are all types of non-economic damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life 
  • Loss of familial relationships

Arkansas Personal Injury Guide Infographic

If you have been injured by someone’s negligence, whether from a car crash or a construction site accident, you may be able to receive economic recovery to help you move forward with your life. Here is a quick guide to Arkansas personal injury law to help answer questions you may have.

Personal Injury Frequently Asked Questions

The most common personal injuries include:
  • Traumatic brain injuries
  • Whiplash
  • Amputations
  • Crush injuries
  • Back injuries
  • Spinal cord injuries
  • Fractures
  • Internal organ damage
  • Broken bones
  • Deep disfiguring cuts
  • Burns
  • Nerve damage
  • Paralysis
  • Scarring
  • Penetrating wounds from flying objects
  • Airbag injuries, including broken nose and/or jaw
  • Dislocations
Personal injuries are very common and each year across the nation, roughly 39 million Americans need medical treatment for a wide range of such injuries. Of great concern is the fact that medical errors and accidental injuries are the third leading cause of death.
For your personal injury attorney to help you build a case seeking compensation for your injuries, several pieces of evidence would be helpful. Those documents include:
  • Police reports
  • Statements made by witnesses
  • Survivor/client statement – this is a crucial document that outlines, in the survivor’s words what happened and how it affects their life.
  • Medical documents, including E.R. Records, doctor treatment notes, rehabilitation reports, and autopsy reports.
  • Any reports dealing with past safety concerns of a vehicle and/or past safety violations.
  • Pictures and/or video of the accident scene and injuries.
  • Any private investigation reports available (can be obtained through discovery).
  • The service history of the vehicle involved in the crash.
  • The 911 call transcript.
  • Any audio recordings available captured on a smartphone.
  • Relevant W2 forms that indicate lost wages
  • All receipts of medical expenses related to the accident, vehicle rental, payments to others to transport you.
  • Keep all your files relating to the crash together and keep a digital and physical copy. Use a spreadsheet to indicate what you have and what you still need to obtain.
Your attorney may have other documents they could use to build your case. They ask for those when they discuss your case with you when you find out your legal rights, and determine if you want to proceed with a personal injury claim.
If you have been hurt in an accident, there are some things that you need to do immediately, if possible. You want to protect your rights while seeking compensation for your injuries from an insurance company. Here are things you need to do as quickly as possible:
  • Call the police and make sure you get the accident report.
  • If possible, get the contact information of other witnesses.
  • Get medical help immediately or as soon as possible. Do not wait.
  • Describe all of your injuries no matter how small or big they are, as the doctor documents them for the medical record. These records are helpful for your personal injury attorney while seeking compensation for your injuries.
  • No matter what tests are ordered, get all of them done as instructed. Ask for x-rays, scans, or an MRI if the injuries are serious. Get the results of those tests for your attorney.
  • Do not provide “any” statement whatsoever to any insurance company, including your own. While you can notify them of the accident, do not provide any other details until you have retained a car accident attorney.
  • If you do not have an experienced car accident attorney, make sure you hire one as soon as you can.
  • Keep personal records of all your injuries, how you feel, your experiences, what medical treatment you obtained, what the outcome was, and keep receipts for all expenses related to the accident.
  • No matter how you feel, follow through on ALL doctor, therapist, and therapy appointments. Always show up and do what you were instructed to do, and do not skip any appointments.
  • Throughout this process of recovering from injuries in a car accident, dealing with insurance companies and your attorney, have patience. The process to recover compensation for your injuries can be a long one.
Personal injury cases can happen at any time and anywhere. The most common types of personal injury cases include:
  • Nursing home abuse, neglect
  • Traumatic brain injuries
  • Birth injuries
  • Aviation, boating accidents
  • Spinal cord injuries
  • Medical malpractice
  • Wrongful death claims
  • Slip and fall accidents
  • Car accident claims
  • Medical malpractice
  • Wrongful death claims
  • Dog bites
  • Defamation claims, as personal injury cases do not always involve physical injuries
  • Assault
  • Accidents in the workplace
  • Premises liability claims
  • Product liability claims
  • Construction injuries

    Contact the Law Office of Jason M. Hatfield P.A.

    While almost every accident victim can point to some type of damage they suffered due to the accident, identifying the full extent of your damages is critical to your full recovery. You only get one chance to bring a case, so you want to make sure you get it right. The Law Office of Jason M. Hatfield, P.A., represents injured workers from all over Northwest Arkansas including Fort Smith, SpringdaleFayettevilleRogersBentonville, Berryville and Harrison.

    Fort Smith Wrongful Death Cases

    Preventable accidents claim thousands of lives in Arkansas every year. Whether a loved one is lost after a motor vehicle accident, workplace accident or any other type of accident, the result is tragic. While many accident victims can physically recover from their injuries, sadly, many do not. Families who have lost a loved one in a preventable accident can pursue a Fort Smith wrongful death case against the at-fault party.

    Who can file a wrongful death lawsuit?

    A wrongful death claim is a type of personal injury case except that, instead of being brought by the accident victim, it is brought by their surviving family members. Wrongful death claims can be filed after any type of accident. The following family members can file a wrongful death claim:

    • Spouses
    • Children
    • Parents
    • Siblings
    • The personal representative of the accident victim’s estate
    What damages are available in a wrongful death lawsuit?

    The damages available through a wrongful death claim are similar to those in a personal injury claim and include:

    • Medical bills and expenses
    • Lost wages and lost earning capacity
    • Lost benefits (such as health insurance premiums)
    • Compensation for your loved one’s pain and suffering
    • Compensation for your own mental anguish

    Contact the Law Office of Jason M. Hatfield P.A.

    If you or a loved one was recently involved in a Fort Smith accident, do not hesitate to reach out to the Law Office of Jason M. Hatfield, P.A. In the aftermath of a fatal accident, families may be looking for answers that are hard to come by. At the Law Office of Jason M. Hatfield, our compassionate wrongful death lawyers can help you understand your options so you can make the decision that is best for your family. For more than two decades, attorney Hatfield and his dedicated team have served Fort Smith and the surrounding communities. As skilled negotiators, we can often resolve our clients’ cases without the need for a trial; however, we are also aggressive litigators and will not hesitate to take your case to trial if the insurance company is not willing to offer a fair settlement offer. To learn more and schedule a free consultation with a Fort Smith, personal injury lawyer, give us a call today at 479-361-3575. Calling is free, and we will not bill you for our services unless we can help you recover compensation for your injuries.

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