Settlement FAQs

what caused my herniated disc settlement calculator

by Prof. Adrian Wehner I Published 3 years ago Updated 2 years ago

What is the average settlement for a herniated disc?

An average car accident settlement for a herniated disc injury is around $350,000, with a median range of $75,000 [ 2 ]. However, this depends on your medical bills, recovery time, and how severe your injuries are.

Why are car accident-related disc herniation settlements so high?

The reason that a car accident-related disc herniation can often range higher than other disc herniation cases is that the injury is permanent as the trauma that caused the accident can be intense. The seriousness of a car accident injury generally adds to your pain and suffering values which can increase your settlement vastly.

What is a herniated disc claim?

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. Here are some frequently asked questions (FAQs) about herniated disc claims: Can a car accident cause a herniated disc? Yes. A car accident can cause a herniated disc.

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.

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.

How much money can you get for a bulging disc?

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. Bulging disc cases have a lower average settlement value when compared to herniated disc cases.

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.

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.

Can an MRI show a healed herniated disc?

Yes, an MRI scan is typically used to confirm a herniated disc diagnosis. It is used to locate exactly the point on the spine that shows herniation. This way, treatment, which in some cases may involve surgery, may be better managed to optimize patient recovery.

What is the difference between herniated and bulging disc?

Bulging and Herniated Discs Explained "A bulging disc is like letting air out of a car tire. The disc sags and looks like it is bulging outward. With a herniated disc, the outer covering of the disc has a hole or tear. This causes the nucleus pulposus (jelly-like center of the disc) to leak into the spinal canal."

Is herniated disc a 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.

What are the symptoms of L5 nerve damage?

L5 NERVE ROOT DAMAGE This pain can come in the form of numbness, tingling, weakness and shooting and is commonly felt in the big toe, inside of the foot, top of the foot and ankle. Radiculopathy of the L5 nerve may also cause loss of coordination in the foot and toes.

Do herniated discs ever fully heal?

The good news is that in most cases — 90% of the time — pain caused by a herniated disc will go away on its own within six months. Initially, your doctor will likely recommend that you take an over-the-counter pain reliever and limit activities that cause pain or discomfort.

Do epidurals injections increase settlement?

An epidural steroid injection will therefore increase the value of your car accident or slip and fall claim, and make it more likely to get exactly what you want at the end of your personal injury negotiations.

How much do epidural steroid shots cost?

Most patients seeking epidural steroid injection treatment should expect to spend around $4,000.00 at a minimum in 2021-2022. The sessions themselves can become more costly depending on how many injection sites are on the body. Each epidural steroid injection is billed as a separate cost.

Is a herniated disc career ending?

However, other back injuries can disable a person entirely, forcing them to exit the workforce. One of these potentially career-ending injuries is a herniated disk. The bones in our spine (vertebrae) stack one on top of the other like a series of blocks to form the spine. In-between each vertebra is a spinal disk.

Can you get disability for bulging discs?

If your herniated disc causes you continuous, long-lasting pain, then you may be eligible for monthly financial assistance through the Social Security disability benefits program. Herniated discs in the neck and back can qualify for benefits if your symptoms are severe enough.

Is a bulging disc considered a disability?

A VA rating for a herniated or a bulging disc will not automatically qualify you for disability benefits, but it may be able to be used as evidence to back up your disability claim. You can qualify for both VA disability benefits and Social Security disability benefits.

Can I work with bulging disc?

Qualifying with a Herniated or Bulging Disc For any condition to qualify for Social Security Disability benefits, the condition's symptoms must be severe enough to prevent the applicant from working for at least one year.

What 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 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...

Can An Accident Cause A Herniated Disc?

Yes. An accident can cause, or aggravate, a herniated disc. This includes car accidents, motorcycle accidents, slip and falls, and more.You can get...

Herniated Discs Aren’T usually Found at The Er

Most injured accident victims, who ultimately diagnosed with a herniated discs, are not given the diagnosis at the emergency room.This is because e...

$260K Settlement For Disc Protrusions (Uber Accident in Miami)

Here is a video about this $260K settlement for disc protrusions with a steroid injection.The actual crash diagram from the police report is below:...

Do Steroid Injections Increase The Value of A Herniated Disc Case?

Image from video of injection to lower backAll things equal, yes. Before getting steroid injections, ask the doctor to have his or her assistant vi...

$150K Settlement For Lower Back Fusion Surgery on Herniated Disc (Miami)

An occupant of a car claimed that a car wreck caused or aggravated his herniated disc. He had epidural injections to his lower back. However, they...

$20K Settlement For Herniated Disc (Miami Car Accident)

Liz was a passenger in an SUV. She was heading straight on NW 25 St in Miami, Florida. Jose was driving a Jeep. Jose ran a red light.The front of L...

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.

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.

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.

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.

Can you get a herniated disc on an MRI?

Because emergency rooms generally use a CT scan. They don’t use an MRI when taking images of your spine (neck or back). Herniated discs are usually found on an MRI much more often than on a CT scan. I say this after handling hundreds of herniated disc cases.

What is the Average Settlement for a Herniated Disc in Workers Compensation?

There is no “one-size-fits-all” approach to calculating the value of a herniated disc claim. I’ve obtained herniated disc settlement ranging from $10,000.00 for a client who improved after a week of bed rest and physical therapy with limited time off from work to more than $1,000,000.00 for an injured roofer who requires a wheelchair and will never return to his past work. You can see some of my case results here.

How is a Herniated Disc Diagnosed?

Many types of medical providers can diagnose and treat a herniated disc, including:

What is an Intervertebral Disc?

Your spinal column is made of cervical, thoracic, lumbar, sacral, and coccygeal vertebrae, which are bony structures.

What is a Herniated Disc?

An intervertebral disc is fragile. It can handle some straight compression but has difficulty with shear stress. Shear stress, which occurs at L1 and L5 frequently, is a force that causes two structures to slide against one another in opposite directions.

What are the Common Effects of a Bulging or Herniated Disc?

Both bulging and herniated discs can cause the same effects, including:

What Types of Employees are Most Likely to Suffer a Herniated Disc on the Job?

No matter your job or the industry you work in, you are at risk of suffering a herniated or bulging disc on the job.

What is the Difference Between a Herniated Disc, a Bulging Disc, and Degenerative Disc Disease?

There are many terms used to describe spinal cord disc and nerve problems. For example, your workers comp doctor may use the following terminology from appointment to appointment:

How Much Is Your Herniated Disc Car Accident Settlement Worth?

If you’ve been injured in a car accident and need to find out how much your herniated disc settlement is worth, you have a few options:

What is the most common vertebrae in an auto accident?

The most commonly injured vertebrae in auto accidents are C4-C5 and C5-C6. A C4-C5 injury is higher up on the spinal cord, and usually leads to pain and weakness in the shoulders. A herniated disc in this part of the neck can lead to nerve root impingement. When those nerves are pressed, muscles may weaken.

What is a C5 C6 injury?

A C5-C6 injury is slightly lower on the spinal cord than a C4-C5 bulging or herniated disc injury. These disc injuries may cause tingling, numbness, and pain down to the victim’s thumb. Other signs can be bicep weakness. With this injury, the insurance company may try to minimize injuries by talking about the range of motion or Spurling tests.

Can a herniated disc hurt after a car accident?

However, a crash victim can have a pre-existing herniated disc with no pain that becomes painful after a car accident. If you, your doctor, and attorney can prove you had no pain before and have pain now, you are in a strong position in a neck injury settlement after a car accident .

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 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.

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?

Can a transforaminal steroid injection be used for lumbar herniation?

van Helvoirt H, et al (2014). Transforaminal epidural steroid injections followed by Mechanical Diagnosis and Therapy to prevent surgery for lumbar disc herniation. Pain Med 2014;15: 1100-1108. There is universal acceptance of the idea that all non-surgical interventions must be explored for a herniated disc before surgery. This article shows injections may give patients a chance to avoid surgery. Herniated disc injury lawyers use this article to underscore what the plaintiff was willing to endure and risk to relieve the pain.

What happens when you settle a personal injury claim?

When you settle a personal injury claim or lawsuit, you are giving up your right to any additional compensation or damages. Rather than battle in court, you accept a payment from the insurance company and agree not to pursue your legal claims.

When should I settle for medical malpractice?

Sometimes, your lawyer will suggest that you wait until your medical condition stabilizes and you reach “maximum medical improvement” (MMI) before you settle. It’s easier to assess your future medical needs at this stage, since it’s unlikely that your condition will improve with more medical treatment (although chronic pain management and other services can help maintain your quality of life). If you cannot wait until you reach MMI, your attorney will probably consult with your doctors and other medical professionals and assess your future needs.

What is the procedure called when a surgeon removes a vertebra?

Laminectomy: Your surgeon removes part of a vertebra, called a lamina; this gives the disc more room and hopefully removes pressure from your nerves and spinal cord

How many parts does the spine have?

Your spine is a remarkably complicated structure. It’s broken into four primary sections: cervical (neck), thoracic (mid-back), lumbar (low back), and sacral (“tailbone”). Each of these sections is made up of multiple parts:

Can you get compensation for a herniated disc in Texas?

If you can prove that a collision worsened your pre-existing arthritis or bulging discs, you’re owed compensation. However, proving that the crash caused or contributed to your injuries isn’t always as simple as it sounds. Your injury lawyer may need to consult with medical and accident reconstruction experts to connect the crash to your condition.

Can you go back after a herniated disc?

Once you settle your herniated disc claim, you typically cannot go back and demand more compensation, even if your condition worsens and you need spine surgery.

Can you settle a personal injury case in a lump sum?

However, if your case has a very high settlement value, the insurance company may propose a structured settlement. Because the precise terms and conditions of a structured settlement can impact its overall value, make sure you consult an experienced injury attorney before you agree to structured payments.

What is the most difficult component to know when calculating the full value of a case?

The most difficult component to know when calculating the full value of a case is the value of pain and suffering. And this is also what separates this car accident settlement calculator with others.

Is the full value of a case higher if you have surgery?

It’s no secret that if the injured person has surgery, the full value of the case is higher . At least for settlement purposes.

Is there a perfect settlement calculator for herniated discs?

Thus, there isn’t a perfect herniated disc settlement calculator that exists.

Do insurance companies look at Florida personal injury settlements?

Insurance companies do the same. They also look at past Florida personal injury settlements.

Do you need to know the pain and suffering value?

You need to know the correct pain and suffering value. Otherwise, the full value of the case will be wrong.

Can you use the calculator to represent a seamen?

We may use the calculator to represent a seamen or crew if their employer’s carelessness caused an injury. We do not use the calculator if the injured person only has a Florida workers compensation claim.

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