People often write to us inquiring about the expectations for a herniated disc injury settlement.
Average Back Injury Settlement
Many readers know that I am an experienced insurance investigator who specialized in personal injury cases and trial preparation for many years, while others are simply looking for general information. This essay will seek to provide some insight to the value of a herniated disc injury during litigation. However, you will see that the monetary value may be the very least of your concerns if you have been injured with a resulting intervertebral herniation. In essence, they want money in their own pockets.
Plain and simple. Now, there is nothing wrong with trying to earn a living or even putting a socially conscious, if not completely insincere, spin on it.
I am not alone in this sentiment. Lawyers get hold of patients who believe themselves to be injured. Some actually are, while some merely perceive to be.
This is ironic, since most herniated discs are completely innocent and asymptomatic and a great number existed long before the supposed injury or accident which is blamed for causing them. The doctors make tons of cash milking the insurance system dry in treatments, which are often not even needed or indicated in many cases. Meanwhile, the patient is along for the ride, not even aware that they are being played as a pawn in a financial profit scheme. I am not going to talk about verdicts and rewards here.
Instead, I am going to talk about punishments. You are on your own. They are rich from your suffering and the pain of countless others like you.
I am not writing this article to be cruel or to generalize about the behaviors of all doctors or lawyers. Many are fine examples of their professions. I am simply sharing a great number of real world experiences which have mimicked this pattern time and time again.
This was my business for years, so I know from first hand experience. Worst of all, it is I who get the letters from these same patients several years after their lawsuits have ended.
The money is gone, the pain is still there and the lawyer is living it up on the French Riviera with a super model. You tell me, who won?
These injuries are often diagnosed as slipped or ruptured discs. Herniated disc injuries can be very painful, with symptoms ranging from acute pain in the back, leg, hand, or foot after the accident. These injuries should be treated immediately by a medical professional.
These type of injuries, as with many back injuries, can have lifelong consequences. Therefore, treatment can last far beyond the time after the initial accident.
In some cases, people never fully recover from their back injuries. Get a free herniated disc injury case review.
GEICO Car Accident Settlement Amounts (See How Much GEICO Pays)
Depending on the severity of the injury, treatment for c4-c5 injuries can vary. Sometimes, the arm and shoulder pain associated with a cervical herniated disc can be controlled with medication and non-surgical treatments. However, if these options are not enough to relieve the pain, surgery may be required.
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.
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. 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.
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. We can help you understand how these types of damages work and ensure you receive a fair settlement for your c4-c5 herniated disc injury.
Rate this post Did you find this information useful? Or would you like to see something different? Help us improve by rating this post. If you'd like to give specific feedback, or if you have questions about a potential personal injury claim, don't hesitate contact our firm for a free case review. By: Hank Stout Published: December Did you suffer a herniated disc injury during a car accident?Have you suffered a personal injury? The following is a guide to help you easily figure out how much your case is worth, by using our free pain and suffering calculator.
Our guide contains legal topics to help you with every aspect of your car accident or personal injury law. Current pain and suffering is the time period from the time of your injury, to the completion of all your medical treatment. Future pain and suffering are more broad, as the exact time frame is unknown. Your injury may cause you to endure both physical pain and discomfort, and emotional pain, such as depression, anxiety, post-traumatic stress, memory loss, or insomnia.
The above settlement calculator should be used for more minor injuries to calculate a dollar amount. If you suffered a catastrophic brain injury, wrongful death, or another serious injury, or were permanently disabled, then you should not use this injury settlement calculator.Herniated Disc Settlements (Car Accidents & more)
Instead, you should seek counsel with a personal injury lawyer to accurately determine the value of your case and calculate the correct insurance settlement. Be aware that even though you can do your own calculations, only an experienced, competent lawyer can help you get the highest settlement possible for a serious injury. Insurance companies use a settlement calculator to determine how much you will be compensated for the medical expenses, devastating pain and suffering, emotional distress like mental anguish and loss of income relating to your car accident case, or another accident claim.
But remember that insurance companies will do everything possible to limit your settlement; their bottom line is profit, not giving you a fair settlement to compensate you for the heartbreaking suffering and intense pain you have experienced. Your attorney will be an advocate and look out for your interests. Typically in a court, the judge and jury look closely at medical bills to determine the amount awarded for general damages.
Obviously, if a claim involves a vehicle, the car insurance company would pay damages, and you would be wise to seek an experienced car accident attorney. As a consequence, the insurance claim settlements for personal injury are generally higher than for work injuries.
Insurance companies use a multiplier range to calculate your personal injury lawsuit, but the settlement calculator does not provide the exact amount your accident claim is worth. The pain and suffering calculator will give you an estimate and a range that your possible injury settlement will fall in. This injury settlement calculator multiplies your pain and suffering anywhere from 1 to 5 times, and even higher in serious injury cases. The multiple can be adjusted up or down depending on the severity and length of time your discomfort continues.
The multiplier for more serious injuries, such as broken bones or herniated disks, is 3 to 5 times the amount of medical bills. These types of damages with severe or disabling permanent injuries, such as a traumatic loss of vision, brain injury, or debilitating loss of mobility, are usually multiplied by 5 times; however, an automobile accident or serious injury that tragically leaves you in a wheelchair, or with disfiguring scars, or even the death of a loved one, maybe multiplied by up to 10 times.
To receive the maximum amount of insurance settlement from the car accident insurance or other insurance carriers, it is beneficial to seek guidance from a dependable personal injury attorney. Any kind of motor vehicle accident is likely to be a physically and emotionally traumatic experience. The potential devastation caused by a truck accident can be very traumatic indeed.
Non-economic settlements look to compensate the victim accidents for the pain and suffering they have experienced from the accident. Victims are also compensated for any loss of enjoyment in life, for example, the loss of consortium.
Traffic tickets can affect your claim, and if the insurance company determined that you were partially at fault for the car accident, then the amount of settlement could be worthless. If the driver who caused the accident was driving under the influence, then he or she would need a criminal defense attorney, as they might be fully held liable for causing the car accident.
The injury may also result in limiting your normal activities, especially if you are disabled. You may not be able to take care of your household responsibilities, such as cooking and cleaning or pursue hobbies like gardening or bicycling, caring for your children, or having intimate relations with your spouse. Take time daily and list the way your injuries have affected both your lifestyle and emotional well-being, along with the hardships you have encountered.
To best gauge the pain and suffering you have experienced from your accident claim, keep a daily pain log and list the problems described above; this will help accurately describe your discomfort and maximize your injury settlement. For example, if you received injections, physical therapy, or had surgery, consider the enjoyment in your life before the accident, and then measure the toll on your life from stress and problems related to your injury and treatment.
Before the accident, did you exercise regularly or play ball and have fun with your children? During treatment did your pain make you miss important family time or other activities? Make sure you document this lost time, including ball games, concerts, birthday celebrations, and graduations. Did the change in lifestyle trigger disturbing depression or anxiety?I remember it like it was yesterday.
The defense lawyer thought it was a nuisance case because there was no visible property damage. The jury set him straight. Since then, our lawyers have handled hundreds of disc injury accident claims for victims. Our lawyers have spent a lot of time fine-tuning the science and the arguments to make at trial in these spinal injury cases.
I have always been particularly interested in verdict statistics in disc injury claims. Yesterday, I found some interesting data that looks at the median value of herniated disc injury claims based on the type of vehicle crash. The data provides two things: the median result and a probability range of verdict.
Of the two, I think the most interesting is the probability range. In other words, it provides the 25th percentile and the 75th percentile of verdicts. I believe that for plaintiffs with a good law firm who knows how to prepare and try a disc injury lawsuit, I think the 75th percentile is probably the median.
The first thing that really stands out is the gap in the range, which is particularly pronounced as you might expect in truck accident crashes. They are all motor vehicle accidents.
What surprises me is how much more the value of herniated disc injuries explodes when taken outside of the motor tort context. Look at these payouts by type of tort claim:. Sure, you will have some serious injury business negligence and premises liability type cases.
But you would think garden variety slip and falls would pull those numbers down. It makes little sense that a premises liability herniated disc claim would get more money than a herniated disc caused by a truck crash.
These soft, gel-filled discs prevent contact and pressure on the vertebrae in your spinal column. You have a herniated disc when you have a migration of the center portion of the disc that causes a protrusion outside of the spinal column. A protrusion is a subcategory of herniated discs. So all protrusions are herniated discs, but not all herniations are protrusions.
Disc injuries without protrusions usually cause less neck and back pain. Sometimes they have no discomfort and are entirely asymptomatic. Medical definitions are hard to understand. Think of it this way. There is an inner nucleus, which is kind of like the pulp in an orange. The outer skin keeps it all together, much like the skin of an orange. If you crush the orange, the skin on the orange will split.
Pulp from inside the orange would come out. The protrusion of the pulp is the herniation.
How to Calculate Pain and Suffering Compensation After an Injury
The protrusion may hit a nerve from the spinal cord. If it does, you are likely to feel a shooting pain or experience numbness or weakness. Our attorneys have seen cases where the disk compresses the nerves that control the bowel and bladder, leading to a loss of bowel control. How the patient got a herniated disc is often a battle in litigation. A herniated disc may occur traumatically from a single traumatic event which is good for the plaintiff or it may occur over a long period due to repetitive subtraumatic motion which is good for the defendant.
You can also have both, right?By Charles R. Gueli, Esq. But most of us pay a higher cost for injuries than just what we can add up from receipts. How do you put a price on your pain and suffering? Forty-year-old Carrie DeJongh died after an allergic reaction to dye injected into her body for a CT scan. Her family filed a malpractice lawsuit against Dr. Two basic methods for calculating pain and suffering compensation are the Per Diem method and the Multiple methods. John suffered a concussion and broken arm when he slipped and fell at his local grocery store.
He was in a cast and sling for six weeks, which prevented him from working at his carpenter job and kept him from his regular gym workouts, yard work, and many household chores. The Multiple Method is the more commonly used way to calculate pain and suffering for insurance settlements.
Economic damages are your hard costs for medical bills, lost wages, and related out-of-pocket expenses. The tricky part of using the multiple method to calculate your pain and suffering is figuring out which number to use as a multiple.
Unless the accident left you critically or permanently injured, your demand for pain and suffering will probably be between one and three times the amount of your special damages. Your final settlement amount depends on the circumstances of your injury and your ability to justify your pain and suffering. When negotiating settlements, most adjusters expect to add a small amount on top of the special damages to cover pain and suffering. You can take the offer and call it a day or use persuasive arguments to try to raise the pain and suffering amount in your settlement.
Most insurance adjusters will readily accept provable damages like medical bills, but will challenge the amount you seek for pain and suffering. Injuries that resulted in a long and difficult recovery or that have a significant impact on the victim will always be worth a higher pain and suffering value. For example:. Severe personal injury claims should always be handled by an experienced personal injury attorney.
Jerri Woodring-Thueson was an athletic year-old when she was transferred to Harborview Medical Center Stroke Center for preventative care after a minor stroke. Her condition worsened until she was rushed into surgery. Jerri made it through surgery but was left paralyzed on one side of her entire body. Her permanent injuries were devastating to Jerri and her husband.
Pain and suffering is a different experience for each individual, so think about how your injuries affected your lifestyle and emotional well-being. When you are facing ongoing effects of your injuries, you are justified in pursuing a larger amount for pain and suffering. Medical Records: Point to your medical records to back up your claims for pain and suffering and emotional distress. Tell your medical providers how the injury is affecting your activities of daily living.
In addition to your written narrative, include a copy of the relevant medical records. Photographs of your injuries throughout treatment can say a lot about your pain and suffering.Jump to navigation. Your life can turn upside down in an instant if you are involved in a car accident.
When thousands of pounds of metal come barreling at you because of a negligent driver, you can suffer severe injuries. Spinal cord injuries are common and can be devastating. If you have suffered a serious disc injury in an auto accidentyou probably want to know what a fair settlement is worth. I will present the factors that go into this evaluation so that you can gain some insight into this complicated legal issue. However, meeting with an attorney for a free consultation is the best way to determine the potential value of your case.
Ohio follows the modified comparative negligence rule, meaning that you can still recover damages if you are found to be responsible to the degree of 50 percent or less. Intervertebral discs separate every vertebra in your spine, cushioning them and preventing the bones from touching.
The outer part of the disc is the tougher fibrous area called the annulus fibrosus. The inside is a jelly-like substance called the nucleus pulposus. This fluid-filled jelly sack can be pushed out by compressive forces. The disc provides a shock-absorbing effect that dissipates these compressive forces across multiple levels in the spine and still allows for the flexibility required for performing normal activities of daily living.
When a disc is injured, you can experience pain, numbness, weakness, and other negative effects. Disc degeneration is the defense that is frequently used to argue that your injury was already there and not caused by the car accident. Patients with disc herniations in the cervical, thoracic, or lumbar spine can present with neck pain, back pain, arm pain, leg pain or any combination of the above. The disc has its own nerve called the sinuvertebral nerve, which monitors mechanical and chemical stimuli and whose purpose is to perceive pain.
The critical point of these definitions is that the conditions can all be the source of injury. In addition, it is important to keep in mind that there are other conditions such as muscle, ligament, and facet injury in the spine that can be the source of pain.
In order to determine the monetary compensation that you deserve, you need to know what Ohio law allows you to be compensated for. In some cases, your injury could cause you to have all of these damages.
You can often recover for past expenses and suffering, as well as anything that is reasonably likely to exist in the future. This section looks into the factors that drive or impair the settlement value. Generally speaking, the more serious the injury, the higher the settlement value.
When calculating the settlement value, the first two things to look at are the past medical expenses and the past lost wage. Then, you want to add in the future lost wage and the future medical expenses.
Is this an injury that has knocked a person out of employment totally, or has the injury caused the person to not be able to work at a good paying job, causing them to take a job with lesser pay?
These numbers often need to be crunched by a vocational expert and an economist who has an eye for these considerations. These factors come down to 1.When you have an injury like a herniated disc from an accident, you have a lot of questions. The most important? How much will my disc injury claim be worth in a settlement or verdict? The "value of my case" question is the most important question victims have. Justice under our system is about money. No one can take away your injury and your pain.
The only compensation you can get for the harms you have endured is money. This country was founded incorporating that very idea. Victims understandably focus their energies on how much money they will get for their suffering. You will not find the exact value of your claim online.
Any personal injury attorney that suggests there is a calculator or formula There are just too many factors involved to make that prediction. How would you plug in permanent, intense pain in an equation? There are, however, there are three huge variables, the jurisdiction, the insurance company, and the strength of the objective injuries. So you can use those factors to try to get a range. But there are just too many variables to say that there is some formula you can use to calculate the value of a herniated disc injury case.
There are two ways to do this: statistics and average jury verdicts and settlements. There it is. The average. But it does virtually nothing for you, particularly in herniated disc cases. Saying you have a herniated disc from an accident can mean a lot of different things. It might tweak you a little bit when you lift something heavy. It also might be a debilitating injury that destroys your life. The take-home message is that two herniated disc injuries that look identical on an MRI may impact victims lives in completely different ways.
So the average values, which are never particularly instructive anyway, lose almost all meaning. Why do we provide it in the first place? People want to see the number, even with that caveat. Below are more accurate values that slice the numbers further.