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A disc herniation can be extremely painful and affect your life in several ways.
If you’ve been in a car accident and suffered a herniated disc, you’re probably wondering how high settlement you can get. Schmidt & Clark lawyers have successfully prosecuted cases for clients wanting a herniated disc settlement.
Today we’ll explain the symptoms of herniated discs and all the factors that affect the settlement.
Summary of the Key Findings
- Herniated disc and bulging disc injuries are common car accident consequences.
- It’s difficult to determine the average herniated disc settlement value as each case is different.
- Several factors influence the settlement for herniated disc injuries.
- Herniated disc cases can last from several months to years, depending on the parties’ cooperation.
Symptoms of Herniated Disc
Our spines are made of bones and rubbery cushions (discs) between them. Each disc has a center resembling jelly, and it’s surrounded by an annulus [1]. A herniated disc happens when the center goes through a crack or a tear in the annulus.
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This can happen because of age, lifting a heavy object, or trauma such as a car accident.
“It's usually not herniation itself that's problematic or that sends someone in to see a doctor. The problem is mainly when some part of the disc compresses nerves. That's when there's pain and loss of mobility, and those are both major issues that need to be addressed.” Neel Anand, MD, professor of orthopedic surgery and director of spine trauma at Cedars-Sinai Spine Center in Los Angeles
If you have a pre-existing herniated disc or other spine condition, an accident may worsen it. You may experience new or aggravated symptoms and need medical treatment.
The symptoms of a herniated disc can vary depending on its location in the spine and whether it is pressing on a nerve.
The most common symptoms include:
- Lower Back Pain: This may be sharp, burning, or aching, particularly in the lower back region.
- Sciatica: A hallmark of a herniated disc in the lower back, sciatica is pain that radiates from the buttocks down the leg, often following the path of the sciatic nerve.
- Numbness or Tingling: You may experience sensations of numbness, tingling, or "pins and needles" in your leg, foot, arm, or shoulder, depending on where the disc is located.
- Muscle Weakness: Weakness in the muscles that correspond to the affected nerve, such as difficulty lifting the foot or weakness in the leg.
- Neck Pain: If the herniated disc is in the cervical spine (neck region), you may feel pain in the neck, upper back, or shoulders.
- Difficulty Bending or Straightening: Stiffness or limited mobility may occur if the herniated disc is pressing on a nerve, restricting movement.
Rest and physical therapy can help you recover in time. Not all herniated disc symptoms are painful or obvious straight away, so you should visit a doctor after an accident.
When to Seek Immediate Medical Attention
While many herniated discs can be managed with rest, physical therapy, and pain management, certain symptoms require immediate medical attention.
If you experience any of the following, seek emergency care:
- Severe, disabling pain that doesn’t improve with rest or medication.
- Loss of bladder or bowel control can indicate nerve damage that may require urgent intervention.
- Numbness in the genital area (also known as "cauda equina syndrome"), which is a medical emergency.
- Progressive leg weakness, especially if it affects your ability to walk or move the leg.
Average Herniated Disk Settlement
When it comes to herniated disc cases, settlement amounts can vary widely depending on the severity of the injury, the treatment required, and the circumstances surrounding the case.
The median jury verdict for a herniated disc case is $75,000, averaging $350,000 [2].
This indicates that while most cases settle for less than $100,000, some high-value cases significantly increase the average.
Here's a breakdown of typical settlement ranges for herniated disc injuries:
Conservative Treatment: Range: $45,000 - $75,000
- Treatment Type: Non-surgical treatments only (e.g., physical therapy, medication, chiropractic care)
- Common Cases: Mild herniated discs without significant nerve compression
- Settlement Factors: Relatively straightforward cases with minor to moderate recovery time
Surgical Cases: Range: $75,000 - $350,000
- Treatment Type: Includes surgical intervention (e.g., discectomy, laminectomy)
- Common Cases: Herniated discs requiring surgical repair
- Settlement Factors: Cases requiring surgery tend to have higher medical costs, longer recovery, and potentially long-term effects
Severe Cases: Range: $350,000+
- Treatment Type: Multiple surgeries, ongoing treatments, or significant complications
- Common Cases: Severe herniated discs with nerve damage or spinal cord involvement
- Settlement Factors: These cases often involve life-altering injuries, long-term disability, or significant ongoing medical care
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Factors That Affect Herniated Disc Settlement
Each herniated disc injury is unique, and it’s difficult to predict what settlement you can expect.
However, several factors impact the amount of settlement you can get:
Who’s at fault — You should prove the other driver was at fault. Take photos of the car accident scene and witness statements. If you were partially at fault, you’ll probably get lower damages.- The severity of herniated discs — How serious are your injuries, and how much treatment you’ll need. Do you need surgery? How well do you respond to treatment? Is the disc herniation expected to worsen over time?
- Medical bills — Include ambulance costs, medication, visits to the chiropractor, and more. Will you need long-term therapy? You should include all the costs in your demand.
- Ability to work — If you can’t go to work or do a lot of physical activity, you can recover lost wages or damages for having to retire early or switch careers if you’re unable to do physical work.
- Insurance coverage — The at-fault driver’s insurance policy will impact the damages you can get. If the driver is underinsured or not insured, you may get a lower settlement. Check the policy terms of both your and the other driver’s insurance. Some insurances will give you uninsured motorist coverage if the other driver is at fault.
- Punitive damages — If the at-fault driver’s conduct was outrageous, you can get punitive damages.
- Pain and suffering you experience because of herniated discs.
- Mental anguish
- Loss of quality of life
Who’s at fault How to Determine the Value of a Herniated Disc Case
To determine the value of a herniated disc case, you need help from car accident lawyers. They will consider:
- Cost of surgeries — Disc herniation injuries can require surgeries that can cost upwards of $35,000 if you’re uninsured, such as anterior cervical discectomy and lumbar fusion surgery.
- Non-surgical healing methods for fixing the lumbar spine area — People suffering from cervical spine damage, shoulder injury and pain, and disc herniation, need months to recover and require long absences from work.
- If you have permanent scarring from fixing the affected disc.
- How soon after the surgery will you be able to move normally.
Herniated disc requires medical treatment, and it can cost a lot of money. Medical bills lost wages, and reduction of life quality due to chronic pain in the spinal cord should all be taken into consideration.
Also, non-economic damages should be part of herniated disc claims. Your best bet in calculating all of these is to hire a law firm experienced in dealing with the insurance company and herniated discs.
How Long Does a Herniated Disc Settlement Take?
How long the settlement will take depends on the details of the case, the severity of injuries sustained, and how cooperative the other party is.
Some car accident cases are solved in several months, while others take years. If you suffered a severe injury in an automobile crash, your case will likely take more time.
You’ll have to go through extensive treatments and recover your spinal column. The higher the medical expenses, the more money is at stake, and the longer the case usually lasts.
Also, unless it’s clear who’s at fault, for example, if you’ve been rear-ended, the other party can try to disprove your claim. The ease of communication also affects how long the claim will take.
Usually, parties aren’t cooperative, so expect some delays to happen. If the parties stop cooperating completely, you’ll have to go to trial, which lasts longer than a settlement.
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FAQs
Can a Herniated Disc Be Caused by a Car Accident?
Yes, a herniated disc can be caused by a car accident. In fact, next to bulging discs and spinal stenosis, it’s one of the most common spinal car crash injuries.
How Much Should I Settle For a Back Injury?
How much you should settle for a back injury depends on several factors, such as the severity of the injuries, expected financial recovery, insurance policy limits, and more.
What factors influence the settlement amount for a herniated disc?
Several factors influence the settlement amount for a herniated disc, including the extent of the injury, the cost of current and future medical treatment, the impact on your ability to work and earn income, the degree of pain and suffering, and whether there is any permanent disability. The specifics of the accident or incident that caused the injury also play a significant role.
Win Your Herniated Disc Case With the Lawyer’s Help
Herniated disc injury can leave lifelong consequences. While it’s difficult to calculate the amount of damages you should ask for, several factors can help. A personal injury lawyer at Schmidt & Clark, LLP will take into account pain and suffering, all financial expenses you’ve had, and other damages you should include in your claim.
S&C attorneys are ready to help individuals in need of legal advice. We value each attorney-client relationship and have almost three decades of experience in handling personal injury & accident lawsuits.
Contact us as soon as today to discuss the details of your case.
References:
1.) https://www.aans.org/en/Patients/Neurosurgical-Conditions-and-Treatments/Herniated-Disc
2.) https://www.caraccidentherniateddisc.com/verdicts-settlements