Juries do not use a mathematical damages formula. They look at each case differently and base their decision off the facts. That, in our opinion, is the only indication of a reasonable settlement sum. The average herniated disc settlement is around $50,000.
What is the average payout for herniated disc?
The median compensation payout for a herniated disc injury is between $80,000 to $150,000. Very serious herniated disc injuries (involving major complications) can be worth more than twice this amount. Remember, we are talking about civil personal injury claims. Victims can expect average settlement for a workers comp disc injury to be much lower.
How much will herniated disc surgery really cost?
On average, the surgery for herniated disc surgery can cost anywhere from $15,000 to as much as $35,000 without insurance by the time you factor in the surgeon’s fee, anesthesiologist and hospital fee.
How much are herniated disc injury cases worth?
The amount that a bulging or herniated disc claim is worth varies greatly. Nationwide, the average award for this type of injury is $350,000; however, what the case is worth rests solely on the extent of the injury sustained and the specific facts of the case. Eastman v.
Can a herniated disc heal on its own over time?
Usually a herniated disc will heal on its own over time. Be patient, and keep following your treatment plan. If your symptoms don't get better in a few months, you may want to talk to your doctor about surgery. Is a cervical herniated disc permanent?
How much should I settle for a herniated disc?
The amount of settlement you should receive for a herniated disc depends on the severity of your injuries and the length of your recovery. However, herniated discs' average settlement range is about $360,000, with a median range of $65,000.
Is a herniated disc considered a serious injury?
A herniated disc is a serious condition that for many people becomes a permanent injury that causes a lifetime of pain and inconvenience. Herniated discs can be caused by accidents at work or frequently in car accidents. Suffering through a herniated disc injury can be stressful, painful and confusing.
Is herniated disc surgery worth it?
In a study of people who had sciatica caused by a herniated disc, the chances of having no symptoms or almost no symptoms 3 months to 2 years later was a little higher with surgery than with non-surgical treatment. But overall, most people felt better with or without surgery.
Is herniated disk permanent disability?
A herniated disc injury may result in a designation of permanent disability and make you eligible for disability benefits from workers' compensation if: The herniation compromises a nerve root or the bundle of nerves that lead out from the spinal cord.
How much does steroid injection increase settlement?
There is no set dollar amount by which injections increase your settlement amount. Some people may find relief with a single shot, while others may need multiple injections over one or more years. Developing side effects can impact your potential settlement value.
What is worse a slipped disc or herniated disc?
Herniated disks are also called ruptured disks or slipped disks, although the whole disk does not rupture or slip. Only the small area of the crack is affected. Compared with a bulging disk, a herniated disk is more likely to cause pain because it generally protrudes farther and is more likely to irritate nerve roots.
Is L4-L5 disc bulge serious?
Most importantly, an L4-L5 disc bulge can lead to prolonged pain and other, more serious conditions like spondylolisthesis if you delay treatment. Spondylolisthesis is a condition in which a vertebra shifts or slips, and can cause significant pain that may require surgery to fix.
How long will I be out of work after herniated disc surgery?
Most patients return to work within 2-4 weeks following surgery; however, those with more strenuous jobs may need to wait up to 12 weeks before returning. Your physician will discuss this with you, as well as any other activity restrictions, during your post-surgical office visit.
How long does herniated disc surgery take?
It may take about 1 hour. Here is an example of what you might expect: You will receive a local anesthetic so that you won't feel any pain or discomfort during the procedure.
What is considered a large herniation?
From our study results, the patients with disc herniation length of L4–5 larger than 6.31 mm could be considered as candidates for surgical treatment, whereas those with disc herniation length less than 6.23 mm could be treated with nerve blocks.
How painful can a herniated disc be?
For a herniated disk in your neck, you'll typically feel the most pain in your shoulder and arm. This pain might shoot into your arm or leg when you cough, sneeze or move into certain positions. Pain is often described as sharp or burning.
What does a neurosurgeon do for herniated disc?
An incision is placed in the lower back over the area where the disc is herniated. Some bone from the back of the spine may be removed to gain access to the area where the disc is located. Typically, the herniated part of the disc and any extra loose pieces of disc are removed from the disc space.
Can a herniated disc come back after surgery?
Recurrence of a Disc Herniation An additional disc herniation may occur directly after back surgery or many years later, although they are most common in the first three months after surgery. If the disc does herniate again, a revision microdiscectomy will generally be just as successful as the first operation.
Why you should avoid back surgery?
If things go south, some of the potential complications of back surgery can include an adverse reaction to anesthesia, bleeding, infection, deadly blood clots that can circulate to the heart or lungs, heart attack, stroke, and nerve damage.
What are the risks of herniated disc surgery?
Like all surgical procedures, lumbar decompression surgery carries some risk of complications.Recurrent or continuing symptoms. ... Infection. ... Blood clots. ... Dural tear. ... Leakage of cerebrospinal fluid. ... Facial sores and loss of vision. ... Nerve injury and paralysis. ... Death.
What Are the Most Contentious Issues in a Herniated Disc Injury Claim?
The litigation battlefield in a disc injury case typically involves two issues. The first is whether the herniated disc is the direct result of the...
Can I Still Get a Settlement If the Crash Made My Preexisting Herniated Disc Injury Worse?
Even if the plaintiff's medical experts concede that the patient suffered a herniated disc before the crash, the plaintiff is still entitled to rec...
What Is the Most Money Your Law Firm has Ever Recovered in a Case Where the Primary Injury Was a Herniated Disc?
The most our law firm has recovered in a primary injury herniated disc injury case was a $1.35 million settlement in a truck accident case.
What Is the Average Compensation Payout for a Herniated Disc Injury?
The median compensation payout for a herniated disc injury is between $80,000 to $150,000. Very serious herniated disc injuries (involving major co...
What Are the Most Common Disc Injuries
Our disc injury cases our lawyers most commonly see in accident cases are the same that are most commonly seen in the general population. Most lumb...
How Much of a Settlement Can You Expect for a Herniated Disc?
Herniated discs can result from any number of kinds of accidents. A herniated disc can result in everything from mild discomfort to a permanent inj...
What Exactly is a Herniated Disc?
A herniated disc, also referred to as a slipped or ruptured disk, refers to an issue with one of the rubbery cushions that sit between the vertebra...
How Much Money Can You Expect From a Herniated Disc Settlement?
Following a herniated disc accident, you are likely to want to know immediately how much compensation you can recover. While no lawyer can tell you...
What Is the Value of my Herniated Disc?
We wish that we could give you a definite figure to expect from your herniated disc injury settlement. However, there is no such number. Instead, many factors determine how much you get out of your herniated disc settlement. So, rather than research the average herniated disc settlement, it would be best to evaluate the facts of your case.
What Damages Can I Recover for Herniated Disc?
You may be unable to receive all the types of damages we list below. The severity of your injury strongly determines what you receive. Recoverable damages include:
How Much of a Settlement Should I Expect for A Herniated Disk?
Herniated disc settlements are some of the most common in personal injury lawsuits, but the settlements can range considerably depending on a number of factors.
How long does a herniated disc last?
Most medical experts agree that if arm pain due to a cervical herniated disc last longer than six to 12 weeks, spine surgery may be an option. Surgeries for herniated discs range include anterior cervical discectomy and spinal fusion, posterior cervical discectomy, and cervical artificial disc replacement.
How do you know if you have a herniated disc?
Symptoms of a Herniated Disk. Back pain If you feel sudden and acute back pain ranging from strong to intense , you may have suffered a herniated disc. Lower back pain Lower back pain is one of the most common symptoms. The discs most likely to suffer this type of injury are at the bottom of the spine. Leg pain Ruptured discs in the lower back put ...
What is C4 C5 compensation?
Compensation for c4-c5 injuries can include economic and non-economic damages, which are usually lumped in a single settlement. After your accident, you should also make sure to follow the instructions and medical recommendations of your doctor, such as physical therapy and pain medication. If you don’t follow the doctor’s advice, your compensation ...
Can you get a settlement for a herniated disc?
The key to herniated disc settlements is proving indefinitely that the accident caused the injury, that the injuries are significant, and that the injured driver was not at fault. If this is the case, you are likely to get a more significant settlement. Many insurance company attorneys will go to great lengths to discover any pre-existing problems or symptoms you may have had related to another back injury, and attempt to discredit your claim or argue for a reduced settlement.
Can you recover from a back injury?
Therefore, treatment can last far beyond the time after the initial accident. In some cases, people never fully recover from their back injuries.
Can a herniated disc cause pain?
Chronic pain If left untreated, herniated discs can cause chronic pain and numbness. Numbness This type of injury can cause numbness in the back, hands, and legs. You may feel this numbness in your hands and fingers, or calves, feet, and toes.
What are the factors that affect a herniated disk settlement?
These include the severity of your injury, length of treatment, and if you are temporarily or permanently disabled. There are no predetermined values in herniated disk settlements.
What is the pain of a herniated disk?
This causes pain, numbness, or weakness in the buttocks, leg, foot, neck, shoulder, or arm. A herniated disk is also known as a bulging or ruptured disk.
What is the second kind of damages?
The second kind is known as general damages . These damages are less tangible and can include pain and suffering, and mental anguish. A personal injury lawyer can negotiate for recovery of both kinds of damages. If you are suffering from a herniated disk, the last thing you want to do is deal with an insurance adjuster.
Can a herniated disc rupture?
A spinal disk can rupture anywhere along your spine. You can also have more than one herniated disk. A herniated disk occurs when this soft interior pushes out through the outer layer; it can pinch or rub on nearby nerves.
Can a hernia disk cause pain?
It might be helpful to understand hernia disk injuries and how this injury could cause you chronic pain for months or even years. There are small rubbery disks between the individual vertebrae of your spine. These spinal disks have soft, gel-like centers covered by a tough exterior. A spinal disk can rupture anywhere along your spine.
Can a personal injury adjuster argue that a disc is a preexisting condition?
If you were previously treated for neck or back pain, the adjuster could argue that the disk might have been a preexisting condition. That is why you should have your own personal injury lawyer to counter these objections with medical records or a statement from your doctor.
What Are the Treatment Options for a Herniated Disc?
Having a herniated disc is like saying you are an actor. You might be Tom Hanks bringing in $20 million a film. Or you could be the understudy at a local dinner theater. About 20% of us have a herniated disc. Many of us do not even know we have a herniation because we cannot feel it. Some of us have very slight herniations that cause great pain every day.
What is disc herniation?
A disc herniation is a type of disc injury that is frequently caused by car accidents. The impact of a car accident often exerts significant force and pressure on the spine. This pressure can cause a tear and rupture or bulge of the spinal discs, which act as pads or cushions for the spine.
What is the Settlement Value of Steroid Injection Cases?
So how much of a difference is there between steroid injections and surgery? I pulled some recent verdicts to see what the steroid injection verdicts look like.
When did Miller and Zois start their trial?
Our firm has handled scores and scores of herniated disc injury cases. Our first trial at Miller & Zois was a herniated disc verdict in 2003. Our doors had been open for about a month. The defendant offered $25,000 to settle a no property damage herniated disc injury case where the most aggressive treatment was epidural steroid injections.
What is the first level of treatment?
The first level of treatment typically involves a course of anti-inflammatory drugs combined with physical therapy. (2) Steroid Injections. If the initial conservative treatments are not successful, then the next level treatment option is often steroid injections.
Does steroid injection increase settlement?
When it comes to settlement compensation, all things being equal, steroid injections increase the settlement compensation more than conservative chiropractic or physical therapy, and surgery increases a herniated disc injury settlement more than epidural steroid injections.
Can you fit a truck between a herniated disc surgery and one treated with steroids?
Oh my goodness. It turns out that you can fit a lot more than a truck between a herniated disc surgery cases and one treated just with steroids. I mean, I’ve asked a jury for more than these compensation payouts just for receiving the injections themselves. Have you seen those needles?
