The average settlement range is around $360,000, but with a range of about $65,000. Usually, herniated discs are permanent and common injuries that result from car accidents, motorcycle accidents, or job accidents. The people who are responsible for these injuries could be legally liable for the resulting damage.
How much will my herniated disc case settle for?
As car accident attorneys who regularly handle herniated disc cases, if liability is not an issue, most cases with surgeries settle above $50,000. Some even resolve north of $100,000. Most herniated disc settlements where the plaintiff did not have surgery do not reach the $50,000 mark.
Are motorcycle accident settlements higher for herniated discs?
In other words, motorcycle accident settlements tend to be higher. You can get a herniated disc in your lower back, mid back (thoracic) and/or neck (cervical). You may see the term “axial” pain in your medical records or on a diagnostic report (MRI or CT scan report, etc.). Axial pain is limited to the neck and back.
What is the settlement value of a bulging disc?
Bulging disc settlement values are generally less than the settlement value of a herniated disc. If you’ve had prior medical treatment at the same level as the herniated disc, this may decrease the case value. If the Liable Party Has $10,000 in BI Liability Insurance, and You Have a Herniated Disc, Will They Pay You the $10K Limits?
What was the settlement for her herniated disc in Florida?
She had a herniated disc in her neck. She was awarded $150,000 in past pain and suffering, and $220,000 in future pain and suffering. Read more about this injury verdict against Home Depot. Some herniated disc cases that I have handled are on my Florida injury settlements page.
Is a herniated disc considered a permanent injury?
Once a healthy disc herniates, it will never return to its normal anatomical state—the disease or injury is permanent in nature.
What is the disability rating for a herniated disc?
VA Disability Ratings for Herniated Discs 20% – Veterans who have had episodes that last for at least 2 weeks, but less than 4 weeks, in the past 12 months, may be able to qualify for this rating. 40% – Having episodes that last for at least 4 weeks but less than 6 weeks in the past 12 months.
How much settlement should I expect for a herniated disc in Florida?
$74,200 Personal Injury: Future Medical Cost. $20,000 Personal Injury: Past Pain And Suffering. $20,000 Personal Injury: Future Pain And Suffering.
Do you ever fully recover from a herniated disc?
Self care: In most cases, the pain from a herniated disc will get better within a couple days and completely resolve in 4 to 6 weeks. Restricting your activity, ice/heat therapy, and taking over the counter medications will help your recovery.
Can a herniated disc cause permanent nerve damage?
Removing a herniated disc requires working around the nerves of the spine. During the operation, these nerves may be injured. If this occurs, you may have permanent damage to the nerve involved. This may cause permanent numbness, weakness or pain in the area where the nerve travels in the leg.
How much is a bulging disc case worth?
The average settlement value for a bulging disc in a personal injury lawsuit is about $15,000 to $30,000. The median jury award in bulging disc cases is $31,000.
Do steroid injections increase the value of a herniated disc case?
Victims of a car accident often suffer from herniated disc injury. In most cases, they may need ESI to manage their back injury. The administration of ESIs increases the settlement value for disc herniation claims compared to other therapy options.
How much is a bulging disc?
In personal injury cases for just a bulging disc the range can generally start as low as $10,000 and go up to $40,000 on average. A bulging disc in the neck from a whiplash accident can settle on average for less than this as whiplash is not seen as serious as a bulging disc cases in the lumbar region of the spine.
Should you work with a herniated disc?
In summary, someone with a disc herniation should at all times avoid any heavy lifting, any sudden pressure on the back, or repetitive strenuous activities when recovering from a herniated disc.
What is the average VA disability rating for back pain?
What is the average VA disability rating for back pain? VA disability ratings for back pain can range from 10% to 100%, depending on the severity of the pain, the range of motion the veteran is left with, and the frequency of the pain.
What spine disorders qualify for disability?
3 Back Conditions That May Qualify for Social Security DisabilityScoliosis;Herniated or bulging discs;One or more fractured vertebrae;Degenerative joint disease; or.Facet arthritis.
What type of back problems qualify for disability?
What Back Conditions Qualify for Disability? The spine disorders that qualify for disability include herniated discs, nerve root compression, degenerative disc disease. To get disability with back pack, you must meet one of the back conditions in the SSA's list of impairments that qualify for disability.
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 does a herniated disc case settle?
As car accident attorneys who regularly handle herniated disc cases, if liability is not an issue, most cases with surgeries settle above $50,000. Some even resolve north of $100,000.
How Much is My Herniated Disc Car Accident Case Worth?
Disc herniations are permanent injuries that require a substantial settlement value, due to the seriousness of the injury. That being said, coming up with a case evaluation is difficult. No one knows what a jury would do with a herniated disc case. However, in our experience as car accident lawyers, we can help you understand a reasonable range of settlement for your disc herniation case.
How much is the average verdict for a bulging disc?
Herniated discs are more likely to cause pain too. For that reason, the average bulging disc jury verdict is $125,000, with a median of only $30,000. This means that juries respect disc herniation injuries much more than disc bulge injuries.
How much does a jury verdict cost for a disc herniation?
This number sounds good to many clients, but it is important to note that the median jury verdict for a disc herniation case is only $75,000. This means that a few herniated disc injury cases are getting very high jury verdicts, but most are in the 5 figures, under $100,000.
What is the difference between a bulging disc and a herniated disc?
A bulging disc is just a portion of the disc that extends beyond where it should be. The difference is that herniated discs are usually associated with trauma, like a car accident, while bulging discs are often associated with aging . Herni ated discs are more likely to cause pain too. For that reason, the average bulging disc jury verdict is ...
How much does disc herniation surgery cost?
If you have a disc herniation surgery which costs $150,000 and are completely healed, it is unlikely that a jury will award you upwards of $500,000 in pain and suffering.
How to determine what your car accident case is worth?
As you can guess from the above, there is no ‘magic formula’ to determine what your car accident case is worth. The best option is to discuss the issue with a lawyer, who can give you an idea of what your herniated disc case is worth, based on the facts of your claim. If you’d like a free case evaluation, call us now at (888) 375-9998 or fill out the case evaluator below.
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.
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 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 happened in Mouton v. United States?
Mouton v. United States (2020): A man suffered multiple injuries after an FAA-owned vehicle struck his. He suffered a soft-tissue cervical injury, the aggravation of a pre-existing disc injury, and a concussion. The man received steroid injections for his injured back. He testified that his aggravated disc injury necessitated future surgery. So this is the classic “I will get the surgery later” case. The man sued the FAA, who disputed the extent of his injuries. The verdict was $169,756
What happened in Leverett v. Wray?
Wray Trucking (2020): A 70-year-old man was sideswiped by an eighteen-wheeler. He is diagnosed with a neck herniation. When PT fails, he gets steroid shots. The jury awarded him a $639,000 verdict.
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 happened in Nazario v. Exclusive Ambulette Service?
Nazario v. Exclusive Ambulette Service (2020): A woman was rear-ended as she was stopped at a red light. She suffered C3-4 and C4-5 disc herniations. The woman initially underwent 12 steroid injections and physical therapy. This treatment did not successfully resolve her pain. She then underwent a discectomy to replace her C3-4 and C4-5 discs. The woman missed eight weeks of work. She also claimed residual pain that affected her ability to do basic activities. The jury awarded her $1,100,000. However, she could recover the negotiated stipulated limit of $800,000. (She got the surgery so this case arguably does not belong.)
How Much is a Herniated Disc 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.
What causes a bulging disc?
Chris Cagle. Monday, November 27, 2017. A bulging or herniated disc can occur due to any spontaneous traumatic force. Incidents that frequently lead to an individual suffering a bulging or herniated disc include automobile accidents, slip and falls, construction accidents, work injuries, and mishaps while participating in sports.
What is compensatory damages?
Compensatory Damages. When personal injury damages are awarded to an injured plaintiff, these damages are meant to compensate for the losses he or she suffered and make the plaintiff ‘whole’ again. To determine how much a settlement would be for a bulging disc, a dollar amount must be placed on all the consequences resulting from the accident.
What are the issues with a loss of consortium?
Issues may include anxiety, fear and loss of sleep. Loss of consortium – this refers to the impact that the injuries have had on the relationship between the plaintiff and his or her spouse. Texas law allows for loss of consortium damages between a parent and child as well.
How much was Tracey Johnson awarded?
Tracey underwent a spinal fusion in which rods were placed in her back. After a four-day, damages-only trial, Tracey Johnson was awarded $2,500,000 from a jury for the injuries she suffered. Her husband, Christopher, was awarded $500,000 on his per quod claim.
When an individual sustains an injury due to the negligence of another person, a personal injury claim can be brought against?
When an individual sustains an injury due to the negligence of another person, a personal injury claim can be brought against the responsible person. The goal is to find those legally responsible for causing the injury and hold them accountable for any damages resulting from those injuries.
Did the judge deny the trial of Tracey?
The defendant requested a new trial; however, the judge denied a new trial, but did remit Tracey’s jury award to $1,500,000 and her husband’s award to $250,000. Even after this reduction, the defendant appeals stating that the judge erred and should have granted a new trial due to the limitation on lawsuit thresholds set forth by the Automobile Insurance Cost Reduction Act (AIRCA). However, the defendant lost this appeal and on the plaintiff’s cross-appeal the original jury verdicts were reinstated.
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.
How much does Hartford settle for herniated disc?
If you have a herniated disc (that doesn’t require) surgery, and the other people have smaller injuries than you, Hartford may settle with you for $100,000. But don’t get too excited.
How many discs can you herniate?
You can herniate a disc from an accident. I recently heard an orthopedic doctor say that you cannot herniate more than 1 to 2 discs from an accident.
What is a herniated disc?
A herniated disc is a spinal injury. It is a disc in your spine that ruptures. When it ruptures, the jelly like center of the disc leaks and irritates the surrounding nerves.
What is a bulging disc?
The doctor at the hospital called these protrusions “ bulging discs “. They did not call refer to them as “ herniated discs “. However, some doctor use the term disc protrusion when referring to a herniated disc. While at the hospital Ray searched for an Uber accident lawyer in Miami.
What is the procedure called when a window is drilled in the bone through which the nerve root and disc are?
Below is an illustration of a laminectomy (which is the most similar procedure to a laminotomy that I have an image of). A hemilaminotomy is a surgery where a window is drilled in the bone through which the nerve root and disc are accessed. A herniated disc is typically removed through such a bony opening.
Can a car accident cause a herniated disc?
Yes. A car accident can cause a herniated disc. Additionally, motorcycle accidents, and slip and falls, can cause a herniated disc. In many personal injury cases, the at fault party has insurance. His or her insurance company gets to hire their own doctor to examine you.
Where was Pierre driving in 2021?
In 2021, Pierre was driving a company car near Orlando, Florida at night. He was heading west. (In the above diagram, Pierre’s car is #2.)
What happened to the 18 wheeler truck driver?
For a young driver from Hialeah who suffered personal injury when an 18 wheeler truck t-boned his car. The accident occurred in Miami, Florida. The insurance company for the truck driver was Lincoln General. The driver treated with a chiropractor in Hialeah, Florida and an MRI revealed a bulging disc.
Who handled the NAPA claim?
Crawford and Company handled the claim for NAPA. We settled his personal injury claim with Crawford for $52,000. Crawford is part of Broadspire, who we’ve written about.
What medicine did Tom get for his back pain?
He also referred Tom to an orthopaedic doctor. His doctor gave him prescriptions for Flexeril (muscle relaxer) and Ibuprofen (pain reliever) to help ease the muscle spasms and pain. We claimed that the accident caused or aggravated pain in Tom’s neck , back and elbows. The doctor ordered an MRI of his knee.
What did Tom have pain in his neck?
He had pain in his neck, back and elbows. His back pain radiated (went down) into his left leg. The doctor noticed that Tom had muscle spasms. Due to pain radiating into his leg, his doctor ordered an MRI of the lumbar spine (lower back).
How much was Broadspire's first offer?
Broadspire’s first offer was only for $25,000!
Where was the new SUV rushed to?
The brand new SUV was a total loss, and all the airbags deployed. She was rushed to Baptist Hospital in South Miami, Florida. He treated with a chiropractor and orthopedic doctor. One of his doctors said that he was a candidate for epidurals and/or a percutaneous discectomy.
Did the moped rider have health insurance?
The moped rider had an eye injury. Unfortunately, he didn’t have health insurance. Thus, attorney Justin Ziegler helped him find a ophthalmologist (eye doctor). He also got some therapy for his aches and pains.
