Herniated Disc Settlements (Car Accidents and More)
Herniated Disc
If someone’s negligencecaused or aggravated your herniated disc, you want to get compensated fairly. To increase your chances of getting a good payout, you must understand the facts that led to past herniated disc settlements and verdicts.
Here, I’m going to give as much detail as possible about actual herniated disc settlements (with amounts). I’ll point out both facts that increased the value, and facts that hurt the value of the case.
Before I show you how to calculate the settlement value of a herniated disc case, I’ll explain what a herniated disc is and its relationship to 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.
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. 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.
These insurance company doctors often say that symptoms appear very quickly if there is a disc herniation that was caused by a car accident. Or caused by any type of accident.
Therefore, insurance company doctors will say that your herniated disc wasn’t caused by the accident if you didn’t have pain shortly after the accident.
What is the best part of a motorcyclist’s herniated disc case?
In many Florida car accident cases, the injured person needs a permanent injury in order to get compensation for pain and suffering. However, a motorcycle rider does not need a permanent injury in order to get money for pain and suffering.
All things equal, motorcycle riders get more money for herniated discs than an occupant of a car. In other words, motorcycle accident settlements tend to be higher.
Do steroid injections increase the value of a herniated disc case?
Yes, All things equal. This is especially true if there is a lot of damage to the cars involved in a car accident.
But what happens if you were in a car accident, and there is minor damage to the cars?
In this instance, expect the car insurance company to not increase its offer as much if you have steroid injections. The insurance company may argue that your herniated disc was not caused by the accident. Companies like GEICO, State Farm, Allstate and Progressive take a tougher stance on minor impact crashes. Some others insurance companies are more generous.
Before getting steroid injections, ask the doctor to have his or her assistant video the injections. You can even use your cell phone. If the doctor’s assistant videos the procedure, don’t exaggerate your pain. Then, send the photo or video to the insurance company.
Below, you can see an image from a video that a doctor’s assistant took of my client.
Is a herniated disc usually discovered at the emergency room (ER)?
No. Let’s assume that you injured in an accident. You go to the emergency room. There, you probably won’t be told that you have a herniated disc.
Why not?
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.
Where can you get a herniated disc?
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.
$260K Settlement for Disc Protrusions and Lamina Fracture (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:
Ray was driving an Uber in Miami, Florida. He had a passenger. Ray was in Vehicle 2 in the above diagram.
A company van (vehicle #1 in the diagram) was heading in the opposite direction. The van made a left hand turn.
The front of the van collided with the left driver side of the Uber driver’s car. You can see the damage to the car that Ray was driving (below):
The van wasn’t as badly damaged. Check out the photo below:
At the hospital, the MRI of the Uber driver’s back showed two disc protrusions. I’ve labeled them here:
They showed a L4-5 left paracentral disc protrusion with some indentation on the thecal sac with moderate subarticular recess stenosis on the left.
It also showed a L5-S1 left paracentral disc protrusion, which abuts against the thecal sac and may abut against the exiting nerve root on the left.
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.
Will an insurance company pay you $100K or more for a herniated disc if you don’t have surgery?
In most cases, insurance companies won’t pay you $100,000 (or close to it) if your only claimed injury is a herniated disc and you don’t have surgery. This is true even if the airbags in your car deploy, paramedics take you to the hospital from the accident scene, and you get treatment at the hospital for a few hours.
That said, there are two situations where you have the greatest chance of getting close to $100,000 (or more) if you have a herniated disc and don’t require surgery.
The first scenario is if there are several people making claims against a limited amount of insurance policy limits, and the insurance company offers to tender (pay) the limits to all the people making claims. In this situation, the insurance company may pay extra to settle all the claims for the insurance policy limits.
For example, lets say that The Hartford insurance company insures an at fault driver with a single limit liability insurance policy for $200,000. Assume that 3 (or more) people are making claims against the $200,000 limit. 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.
Insurance companies like State Farm, Progressive or GEICO likely won’t offer you $100,000 if they insure a driver who wasn’t working at the time of the accident.
The second situation where it’s possible that you could get $100,000 settlement (or close to it) for a herniated without surgery is if a drunk driver hits you. This is because you can claim punitive damages, which are in addition to compensation for pain and suffering.
Insurance companies have a duty to protect their driver from owing above the policy limits if they could and should settle the case given all the facts. This is the law in Florida. However, you will likely need a lot of treatment to increase your chances of a $100,000 payout in this 2nd scenario.
$100K Settlement for Injections to Lower Back After Car Crash
100k GEICO settlement check (info redacted)
I had a left turn car accident case where my client had diagnostic nerve block injections to her lower back. The doctor’s assistant used my client’s cell phone to video the injections. An image from the video is above.
In the video, you could hear my client crying (in pain) when she received the injection. This helped us get a $100,000 settlement with GEICO.
$39K Settlement for Herniated Disc and Steroid Injections (Pinecrest, Miami-Dade County)
My client was driving a pickup truck in Pinecrest, Florida. A car ran a stop sign and crashed into him.
$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 didn’t work.
He then had a lumbar spinal fusion. Here is what a lumbar spinal fusion looks like:
$2.199 Million Awarded for Epidural Injection, L5 Laminotomy and S1 Laminotomy with L5-S1 Discectomy
This isn’t my case. Judy Harlow sued Bright House Networks, LLC after a car accident. She sued in Hillsborough County, Florida.
At trial, Mrs. Harlow’s treating physician and surgeon, Dr. Gary Moskovitz, testified regarding Mrs. Harlow’s accident related injuries.
At the time Dr. Moskovitz initially saw Mrs. Harlow, he testified:
she continued to have persistence of low-back pain with radiation into the left-lower extremity associated with intermittent numbness in the lower extremity. Her pain was made worse by sitting. Overall level of pain varied from 4 to 9 out of 10 depending on flare-ups.
Dr. Moskovitz’s initial diagnosis was a L5-S1 disc herniation. Regarding his review of Mrs. Harlow’s lumbar MRI, Dr. Moskovitz testified:
[m]y interpretation of her MRI scan is that she had a L5-S1 disc herniation with high intensity zone, indenting the dural sac.
Dr. Moskovitz testified he later performed a:
L5 laminotomy and S1 laminotomy with L5-S1 discectomy. And I also did a epidural steroid injection.
Here is an illustration of a discectomy:
Dr. Moskovitz assigned Mrs. Harlow a permanent physical impairment of 18 percent. All things equal, a high permanent physical impairment rating increases the case value.
She had Problems After the Surgery Because Her Disc Was Torn
Nucleus herniating through tear in annulus (with MRI); not from the case
Dr. Moskovitz testified Mrs. Harlow was experiencing problems after the surgery, stating:
Well, she’s still having problems because she — because she had a disc herniation, she had a damaged disc and her disc was torn. We removed a piece of the herniation that was protruding into the spinal canal. The disc is still torn. Just like if you have a car tire and there is a tear and the inner tube sticks out and you go ahead and remove it, the inner tube will still have a tear within the wall of the car tire. So you lose certain volume from inside the disc. So that disc is much more predisposed to collapse. She had also scar tissue due to surgery itself.
Regarding Mrs. Harlow’s need for future surgery, the following exchange took place when her attorney asked Dr. Moskovitz’s questions:
Q. Will her symptoms increase over a period of time?
A. Over a period of years she’s probably going to get worse over time.
Q. And why is that?
A. Because she has a damaged disc, and that disc is going to be more predisposed to accelerated degenerative changes and collapse.
Q . Will she require surgery in the future?
A. She probably will.
Q. What type of surgery will she require?
A. L5-S1 fusion.
Surgeon Said L5-S1 Fusion Surgery Costs Between $120,000 to $160,000
When asked “[a]nd it’s your medical determination that she will need this future surgery, caused from the collision, within a reasonable degree of medical certainty?” Dr. Moskovitz replied, “[y]es, within the remainder of her lifetime.”
Regarding the total cost of the future L5-S1 surgery, Dr. Moskovitz said it’s
approximately between $120,000 and $160,000
He went on to say:
it includes the use of the operating room at the hospital. And, obviously, the longer it takes, the more they charge for it. It includes the cost of the implants, it includes postoperative nursing care and the hospital care. Then there’s also the bill from the anesthesiologist, and also my bill, the surgeon’s bill.
Her Emotional Pain from the Accident Likely Caused the Big Verdict
Together, Mrs. Harlow’s lawyer argued that Dr. Moskovitz and Mrs. Harlow presented enough reliable testimony supporting her claim for pain and suffering, disability, physical impairment, mental anguish, inconvenience, aggravation of a disease or physical defect and loss of capacity for the enjoyment of life sustained in the past and to be incurred the future.
The total verdict was for $2,199,000. The jury awarded $89,652 for past medical expenses. They also awarded $263,816 for future medical expenses. The jury gave $61,862 for lost wages.
Jury Awarded $237,882 Per Year for Past Pain and Suffering ($59K Per Year for Future Pain and Suffering)
Basically, the jury awarded $237,822 per year for pain and suffering from the date of the accident through trial. The jury awarded $59,455 per year for her future life expectancy of 18 years.
The defense asked the court to reduce the amounts awarded for pain and suffering. They said that since the accident, the claimant traveled to Israel, and still worked. Thus, they argued that the jury awarded too much for pain and suffering.
National Union Fire Insurance Company, PA was the primary liability insurer of the defendant, Bright House Network. National Union operates as a subsidiary of AIG.
Bright House asked the trial court to reduce the verdict by $1,283,670.00. They argued that $500,000 is reasonable for both past and future pain and suffering. The court denied the request.
Bright House appealed the verdict. On February 28, 2018, the appeals court (2nd DCA) said that the verdict was fine. On April 6, 2018, Harlow filed a document with the court saying that the insurance companies paid the entire judgment.
The appeal case number is 2D17-273. The trial court case number is 14-CA-011547.
Jury Awards $1,002,238.17 for Epidural Steroid Injections to Herniated Disc
An MRI of his lumbar spine (lower back) showed a herniated disc at L5-S1.
Here is the view of his herniated disc from the side.
Below is another view of the herniated disc. This time the MRI is looking from top down.
L5-S1 herniated disc top down view
He had back surgery. Specifically, he had a L5-S1 hemilaminotomy, medial facetectomy and microdiskectomy, using a microsurgery.
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. Neurosurgeons often perform such procedures under an operating microscope.
As I mentioned, Keith also had a microdiskectomy. Here is an illustration of a discectomy.
Keith Had Lost Wages For Not Being Able to Work After the Surgery
Keith missed about 12 days of work from the surgery. He wasn’t working at the time of the accident. Thus, he couldn’t get workers’ compensation benefits. His employer didn’t compensate him for these lost wages.
He didn’t have short term disability insurance.
This is in the incision from the surgery.
He was left with a scar on his lower back from the surgery.
$70K Settlement for Herniated Discs and Other Injuries (Car Hit a Pedestrian)
Watch an interesting video about this settlement:
A pedestrian was picking up a hose in the middle of the street in West Palm Beach, Florida. A driver of car crashed into her. The accident happened during the day.
I represented the pedestrian. I claimed that the accident caused or aggravated herniated discs in her back and her neck.
You can see herniated discs in her neck at C5-C6 and C6-C7.
Below you can see the herniated disc in her lower back at L5-S1.
She had a L2-3 central posterior protruding herniated disc, which measures approximately 2.1 mm causing stenosis of the central canal with compression of the thecal sac. Here is what the herniated disc looked like:
Arrow pointing to herniated disc
The MRI showed straightening and loss of the normal cervical lordotic curvature, which the radiologist said which may be seen in sprain or strain injury.
An MRI also showed a C4-5 central posterior disc bulge present without stenosis of the central canal or neural foramina. The MRI showed straightening and loss of the normal cervical lordotic curvature, which may be seen in sprain or strain injury.
The crash caused a cut and scar on Lisa’s forearm. You can see the scar in the photo below.
Infinity Insurance company insured the Jeep driver who paid its $10,000 BI liability insurance limits.
Progressive was my client’s uninsured motorist insurer. Her uninsured motorist insurance limits were $10K non-stacking. Progressive wouldn’t pay the $10K limits.
I filed a civil remedy notice of insurer violation with the Florida Department of Insurance. Progressive paid the $10K underinsured motorist insurance limits.
Below is a Herniated Disc (in the Neck) from a $17,000 Settlement
$10K Settlement for Herniated Discs from Car Accident (Fort Lauderdale, Florida)
Watch this video, where my client talks about his case:
My client was in his car and stopped at a light in Fort Lauderdale, Florida. A drunk driver hit him. My client had neck and back pain. Here is the crash diagram:
This is a photo of my client’s car after the accident:
Neck MRI Showed 3 Herniated Discs
His cervical (neck) MRI said that he had:
1. At C3-4, there is a right paracentral disc herniation with no significant neuroforaminal narrowing, but there is mild spinal canal stenosis.
2. At C5-6, there is a central disc herniation abutting the ventral aspect of the cord. There is no significant neuroforaminal narrowing, but there is mild spinal canal stenosis.
3. At C6-7, there is a broad-based disc herniation with no significant neuroforaminal narrowing, but there is mild spinal canal stenosis.
Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine.
According to the Mayo Clinic, most people with spinal stenosis are over the age of 50. Though degenerative changes can cause spinal stenosis in younger people, other causes need to be considered. These include trauma, such as a car accident.
Neuroforaminal narrowing refers to a reduction of the size of the opening in the spinal column through which the spinal nerve exits. As this opening narrows, the nerve becomes compressed, which in turn can lead to pain that radiates along the path of the nerve.
Back MRI Showed 1 Herniated Disc and 2 Bulging Discs
His lumbar spine (back) MRI showed:
1. At L3-4, there is a broad-based disc bulge with mild bilateral neuroforaminal narrowing, but no significant spinal canal stenosis.
2. At L4-5, there is a broad-based disc bulge, more eccentric to the right. There is mild bilateral neuroforaminal narrowing, but no significant spinal canal stenosis.
3. At LS-51, there is a broad-based disc herniation, more eccentric to the right. There is no significant neuroforaminal narrowing or spinal canal stenosis.
Some of my favorite herniated disc cases are when the at fault driver was drunk at the time of the accident. This is because we can make a claim for punitive damages.
Attorney Justin “JZ” Ziegler with happy client
Most Neck or Back Pain Goes Away in 6 Weeks
Most neck or back pain resolves in about 6 weeks or so. If you have radicular symptoms, it means that you have pain that is radiating into your arm or leg.
Radicular symptoms can include pain, numbness and tingling, and usually occur when you have a compressed (pinched) nerve. An image of a pinched nerve is below.
Pinched Nerve
Herniated Disc Impinging on Spinal Nerve May Need Surgery
Herniated disc impinging on spinal nerve is a precondition for an Anterior cervical discectomy and fusion.
If your herniated disc is impinging on the spinal nerve, this may increase the full value of the case. This again assumes that someone’s negligence caused your injury.
ACDF Surgery Raises Full Case Value
An ACDF surgery generally increases the full value of the personal injury case.
Herniated Disc Can Cause Sciatica
A herniated disc can lead to sciatica or back pain. The image below shows the sciatic nerve.
People that are injured sometimes call a herniated disc a “slipped disc”, though doctors do not use this term.
You Can Herniate a Disc from an Accident; But Maybe Not More than 2
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 Disc Protrusion be Painful?
Yes.
Send Claims Adjuster CT scan and/or MRI films
If you are diagnosed with a herniated disc, you should immediately request the MRI or CT scan of your neck or back. You should then mail or send this disc to the claims adjuster.
The claims adjuster may hire a radiologist to read the films and determine whether he feels that you have a herniated disc.
Settlement value of pain and suffering for a herniated disc caused by an accident in Florida, or on a cruise ship or boat.
This article applies to Florida herniated disc claims for many types of accidents. I wrote separate articles on:
Radiating symptoms are known as radiculopathy, which means that pain is extending to the arms and/or legs.
Case Can Be Serious Even Without Radiating Pain; Don’t Listen to the Adjuster!
I do not accept this argument. Claims adjusters often tell me that my client’s case is not serious because he or she does not have radicular symptoms.
Radiating Pain Generally is Worth More
But adjusters generally offer more money if you have radicular symptoms. You can learn more about settlements for neck injuries or back injuries in Florida regardless of the specific type of injury (herniated disc, bulging disc, compression fracture, and soft tissue injury).
It is important to itemize damages from past cases so that you can know the going settlement rate for a typical herniated disc.
Every Herniated Disc Isn’t Worth the Same Amount
If you hear that someone injured in an accident settled a herniated disc case for $25,000, don’t assume that every herniated disc case is automatically worth $25,000.
For all you know the medical bills alone in the that case totaled $25,000.
Without Breakdown of Damages, Settlement Amounts are Worthless
Hearing about a settlement – without a breakdown of damages – does not help you when you are trying to determine how much your case is worth.
But if the damages are itemized, then you can learn more about recent trends in Florida for the amounts being offered or jury verdicts for a herniated disc. If you know how much your case is worth, then you can know whether to accept an offer by the liability insurer.
Your Attorney Should Know Your Case Value…After You’re Done Treating
One of 11 reasons to hire a lawyer is that an attorney should know the fair settlement value of case when the case is ready to settle.
Full Settlement Value of a Pain and Suffering for Herniated Disc Case ($25,000 to $50,000)
In Florida, for settlement purposes and as a starting point, I value the full value of the pain and suffering component of a typical non-surgical herniated disc between $25,000 and $50,000.
The full value of the personal injury component is then added to the full value of the other components in the case.
The lower end of the above settlement range is with little medical treatment and little disability.
High end of the settlement value for the pain and suffering component of a typical herniated disc in Florida $50,000
The higher end of the range is when the treatment is longer and you are left with more of a disability.
On the other hand, if another person or company did something severe (such as drunk driving) and caused your accident, the value of a case involving a herniated disc can significantly increase.
Serious Disabilities May Be Worth More than $50,000
If you’re left with a serious disability due to your herniated disc, the full value of pain and suffering can increase above the $50,000 mentioned above.
$100K Settlement for Aggravation to Pre-Existing Herniated Disc from Car Accident (North Miami Beach)
She also broke her nose. Her neurologist diagnosed her with lumbosacral radiculopathy, and lumbosacral intervertebral disc displacement.
GEICO paid its $100,000 BI insurance limits shortly after the crash. I represented the injured driver. This settlement was also mentioned earlier in this article, since my client received a nerve block injection.
Customer Gets $370,000 Verdict for Pain and Suffering from 3 Level Fusion of Herniated Disc
This isn’t my case. for a 57-year-old woman who had a 3 level cervical (neck) fusion, as well as surgery on her shoulder.
She was shopping at Home Depot in Vero Beach, Florida. The shopper claimed that a metal rack fell on her neck and shoulder. She had a herniated disc in her neck.
$550K Verdict for Pain and Suffering of 3 Herniated Discs
This is not my case. The pain and Suffering alone for an adult woman who suffered a herniated discs and osteophyte complex at C4-5, C5-C6, C6-C7, as well as pain in her tailbone.
She said that the condominium association failed to inspect the stairway and fix the dangerous condition (the substance on the floor). The condo association said that they did not know and that it was unreasonable for them to know of the alleged dangerous condition.
Defendants also said that the woman did not provide notice to them of the condition of the stairway as required by Florida Statute Section 83.201.
Jury Found Her 40% at Fault, But Awarded Her Big Money for Medical Bills
The jury found the condo association 60% at fault and the woman 40% at fault. The case is Manzo v. The Sanctuary at Bay Hill Condominium Association, Inc.; Apogee Association.
The jury awarded a huge amount, $375,617, for past medical bills. That leads me to believe that there were surgeries. The jury awarded the woman almost $120,000 in pain and suffering for each herniated disc.
This is above the starting point that I believe fair for purposes settlement value for pain and suffering from a herniated disc in a Florida accident.
I have said before that the starting point that I use in an operated disc case for the full value of pain and suffering is between $25,000 and $50,000 for pain and suffering only. But it may need to get significantly adjusted up or down.
$210K Settlement for Herniated Discs (and Shoulder Surgery)
We settled a case for $210,000 for a Florida truck driver who was rear ended in Georgia. He was injured while working. Commercial Risk Management, Inc. was the workers compensation servicing agent who paid for his medical bills and most of his lost wages.
He claimed that the crash caused or aggravated his herniated discs.
$326K Verdict for Herniated Discs (GEICO Uninsured Motorist Insurance)
This is not my case. Valerena Candy was in a three car motor vehicle accident on July 18, 2009.
At the time of the accident, Candy was riding as a passenger in the front seat of a vehicle being driven by Annalise Mannix.
Annalise Mannix’s vehicle came to a stop in a line of traffic, when it was rear ended by a second vehicle that was propelled forward by a third vehicle, which was being driven by Danais Hernandez.
The second vehicle caused minimal damage to Mannix’s vehicle.
Thereafter, she was treated conservatively for chest, neck and low back pain.
Candy had lumbar and cervical MRIs, which revealed multi-level disc herniations.
GEICO’s adjuster stated that:
Although there was approximation, reports were negative for spinal cord compression and nerve root impingement.
Spinal cord compression and nerve root impingement increase the value of a case.
She had two cervical epidural steroid injections.
Around June 22, 2010, Candy Valerena sued GEICO in Key West, Monroe County, Florida.
On October 28, 2010, GEICO offered $20,233.54 to settle Candy’s uninsured motorist insurance claim.
She Had Neck Surgery
On March 2012, she had neck surgery to repair injuries allegedly caused by the accident. Specifically, she underwent a diskectomy and fusion at the C5-C6 and C6-C7 with interior plating inner body grafts by Dr. Kalman Blumberg, a spinal surgeon.
GEICO’s attorney hired an orthopedic surgeon, Dr. Rafael Fernandez, to give his opinion on Candy’s injuries. Dr. Fernandez’ opinion was that Candy’s injuries were pre-existing and not caused by the accident.
GEICO hired a biomechanical engineer who said that the delta force of the Honda was only 4.3 miles per hour in the crash. Therefore, he said that Candy could not have been injured in the crash with such a low impact.
GEICO used its in house Miami lawyers to defend the case. However, 5 days before trial, they brought in outside counsel (attorneys) to defend GEICO at trial. This costs GEICO more money because they likely had to pay the outside counsel by the hour.
57% of the Total Verdict Was for Pain and Suffering
On April 11, 2013, at trial a jury awarded her $326,468. Candy was 51 years old at the time of trial.
The jury awarded her $141,408 in past medical expenses. However, in Florida the injured person cannot recover the billed charges if insurance paid at a lower rate.
Candy received $10,000 in PIP and $10,000 in Medpay Benefits. Thus, GEICO was entitled to a $20,000 credit for PIP and Medpay.
Also, she had health insurance that paid a good amount of her medical bills. Since her health insurance company had a contract with some of her medical providers, GEICO was entitled to a credit for the discounts. Thus, GEICO got a credit of $55,299.81 for her health insurance discounts.
Basically, GEICO only owed Candy $66,108 for her past medical bills after GEICO got credit for her PIP, Medpay and health insurance discounts.
Apparently, Candy also settled with Progressive for $7,000. I don’t know who Progressive insured in this case.
After all of the credits (setoffs), the $326,468 verdict was reduced to $244,108.19. Thus, the case value was 1.7 times the total medical billed charges.
Case Was Worth 3.8 Times the Medical Bills that GEICO Owed
The case value was 3.8 times the amount of medical bills that GEICO owed.
Candy did not ask the jury to award her future medical expenses.
$77,700 was for past pain and suffering. $107,300 was for future pain and suffering.
Again, the total judgment was for $244,108.19.
Candy only had $50,000 in uninsured motorist insurance with GEICO. However, her verdict against GEICO was for way above the $50,000 limits.
Next, she sued GEICO in federal court for failing to pay the $50,000 UM limits when it could and should have.
The bad news?
The jury for the bad faith case found that GEICO did not act in bad faith. Thus, Candy’s payout was capped at $50,000. In addition, she recovered her court costs of $12,042.47.
$55K Verdict for Pain and Suffering for Herniated Disc (and Rotator Cuff Tear)
Herniated Disc Cases Often Come with Other Injuries
In many cases where someone injures a herniated disc, he or she also has other injuries as well. The value of those other injuries should be added to the full value of your case when trying to settle it.
Prior Neck or Back Pain in the Same Location as Herniated Disc
If you had pre-existing injury, it can decrease the value of your case. However, you still may be entitled to damages that stem from an aggravation of a pre-existing injury.
Many People Have Herniated Disc and Don’t Know About (Study)
Research Study of 67 People With No Low-Back Pain, Sciatica or Issues
This is, in part, because there was a study where an MRI was given sixty-seven individuals who had never had low-back pain, sciatica, or neurogenic claudication.
About 30% of the subjects were found to have a substantial abnormality.
Study Showed Under 60 Years Old, 20% Had a Herniated Disc and 1 Had Spinal Stenosis
In the study, for people who were under 60 years old, 20 per cent had a herniated nucleus pulposus and one had spinal stenosis. Below is an image of spinal stenosis.
Spinal Stenosis
60 Years or Older, 57% of Scans Had Issues
For people who were 60 years old or older, the findings were not normal on about 57% of the scans.
Degeneration or Bulging Disc at At Least 1 Lumbar Level in 35%
There was degeneration or bulging of a disc at least 1 lumbar level in 35% of between 20-39 years old and in all but one of the 60-80 yr. olds
Even though those individuals never had low-back pain, sciatica, or neurogenic claudication, many of them still had pre-existing issues.
Other factors that may make your herniated disc case tougher:
Little Damage to the Vehicles Involved
History of Working in Manual Labor Jobs (Construction Worker, etc.).
The insurance company may say that your herniated disc is the result of your hard labor, including but not limited to heavy lifting. They may deny that the accident caused your herniated disc.
Defense Doctor May Say Your Disc Isn’t Herniated
Often times, the radiologist hired by the insurance company for the at-fault person or company will say that you have a disc bulge and not a herniated disc. Bulging disc settlement values are generally less than the settlement value of a herniated disc.
Prior Treatment at Same Vertebrae Level as the 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?
Maybe. $10,000 is the most common bodily injury (“BI”) insurance limit that Florida cars have.
Herniated Disc is in Your Neck; Or Back but Not a Rear End Crash
Many more factors
Note: You can always take your case to trial and see how much a jury will award you.
Example of Calculating a Herniated Disc’s Settlement Value
As a starting point only, I use a settlement range of $25,000 to $50,000 for the full value of the pain and suffering component a disc herniation from an accident in Florida, or on a cruise ship or boat. Let’s use a figure that is in the higher end of the range, $40,000, for this example:
Case may be worth = Full value x (100% – X% reduction because you didn’t report incident)
Our Miami law firm represents people who were injured by someone else’s carelessness anywhere in Florida in car accidents and many other types of accidents.
We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.
I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.
Comments
Person with C5-C6 Herniated Disc insured with GEICOsays
I have a c5 c6 herniated disc in my cervical spine. I have a lawyer. 15000 in medical bills. Loss of wages. At a stop light when a suburban hit a cavalier that was on my a** doing 50 mph and said his breaks went out. I am having trouble with geiko(car i was driving) and why they are taking a year to tell allstate(at fault drivers insurance that they will not cover me. Allstate offered 4000.
Dear Person with C5-C6 Herniated Disc insured with GEICO,
Thank you for your comment. I am sorry to hear that you were injured. When you ask “why are they are taking a year to tell Allstate (the at fault driver’s insurance) that they will not cover me”, are you saying that GEICO has told Allstate that GEICO will not cover you? If so, what types of coverage is GEICO saying that they will not cover you for? PIP? Bodily Injury? What is GEICO’s basis for denying coverage?
I am not your attorney. This is not legal advice. There is a time limit to file a lawsuit.
Hi have a herniated disc c4-c5. My attorney says i can only get no more than 10,000. back I had to get a new car, my car was totaled and I’m having severe pain and I feel like i person at fault whom got a ticket is winning.
Justin Ziegler, Florida Injury Lawyer, Site Ownersays
Hi Person with C4-C5 herniated disc,
Thank you for your comment! I am sorry to hear that you were injured. My response only applies to an accident in Florida. I am not your attorney unless you hire me.
I am unsure whether you are saying that your attorney says that you can get no more than $10,000 (before subtracting attorneys fees, costs, medical bills, etc.) or whether you are saying that after attorney’s fees costs, medical bills you can get no more than $10,000 as a net settlement. Also is he saying that you can get no more than $10,000 for your injury, and a separate $10,000 for the property damage to your car?
I really need to have answers to the above question to intelligibly give you a better response, but it sounds to me like your attorney has told you that the driver who is “at fault” has limited bodily injury coverage under his or her auto insurance policy. Unfortunately for people who are injured, this is way to common in Florida because bodily injury coverage in not required for private passenger automobiles in Florida in most situations.
Your attorney should get an financial affidavit from the driver which among other things, asks whether the driver was working (in the course and scope of his employment) or volunteering at the time of the crash. Does the owner have a separate auto insurance policy that has bodily injury coverage?
I can sympathize with your feeling of helplessness. I hope that your pain goes away quickly. Please let me know if I answered your question/comment to your satsifaction.
Person with disc herniation on C3-C4 and C4-C5says
hi, I have disc herniation on c3-4 and c4-5, I’m in therapy with hot towels, electricity and massages, but is not working It has been almost 4 months with the same pain in my neck and all over my body, I talked to the doctor wants me to try homeopathy medicine and acupuncture to alleviate my pain. My attorney told me that a 99% of the supermarkets does not have insurance, I don’t know how much the settlement can be. How long does this case takes? and I don’t know if trying homeopathy medicine and acupuncture will work?
Hi Person with disc herniation on C3-C4 and C4-C5,
Thank you for your questions. I am sorry to hear that you were injured. What type of a doctor are you treating with? (E.g. orthopedic doctor, chiropractor, etc.). I am not your attorney. There is a time limit to file a lawsuit.
I am only licensed in Florida so my response assumes you were injured in Florida. I gather that you were injured in a supermarket. Did you slip and fall?
This past Tuesday, I settled a case – during litigation – against a Supermarket in Miami for $300,000. My client was injured about 2 1/2 years ago. But the case settled a few months after he was finished getting medical treatment.
Perhaps homeopathy medicine and acupuncture may reduce your pain. I recommend that at a minimum, my clients treat with an orthopedic doctor in Florida who has a good reputation for being a patient advocate for people injured in accidents.
Hey there I recently have had a horrible throbbing pain in the back of my neck after doing some of my excercises. When I do 1 or 2 pullups I am fine but if I increase it to say 20 continuous reps i let go and have a horrible throbbing pain in the top of my neck. My mom thinks i might have a bulging disc. Since it is a temporary throbbing pain followed by a very minor soreness/stiffness is that the beginnings of it? Howlong shouldIrest thanks
I am sorry to hear that you are having pain. I suggest that you speak with a doctor immediately. I am not a doctor so I cannot give medical advice. I wish you good luck.
My incident occurred at work, 7 months ago…the employer neglected to send me out for treatment, or filed an incident report. I filed a worker’s comp claim 2 weeks after the incident, and hired an attorney. Recent finding by MRI imagery shows a mild disc bulge at C3-C4 level, C5-C6 extruded disc herniation, through the annular fibers eccentric to the right side. It is central and right paracentral in position, C6-C7 demonstrates a small disc protrusion centrally.
Incident was not an actual slip and fall, but the circumstances surrounding incident, were a cause of the injury. I was placing a large salad container weighing approximately 40-50 lbs, on a top shelf in a walk in cooler (top shelf already had 2 stacked containers), the step stool used was an upside down plastic milk crate, and the flooring in the cooler is metal and grooved.
When the crate shifted underneath me, while I was holding said container way above shoulder length, I felt a pop/tear in my upper back. Now treatment has been moving along at a very slow pace, it took the insurance 2 months to approve for MRI and xray, now awaiting approval for first suggested treatment of 3-6 months of physical therapy and epidural injections, leaving surgery as last resort for treatment.
I have not yet received a maximum recovery rating. Workers comp paid from Jun 2014 until first week of Oct 2014, claiming they no longer owe me any loss wage compensation.
I am sorry to hear that you have these serious injuries. I am happy to hear that you hired a lawyer. I hope that you get fair compensation for your injuries and that you have a speedy recovery.
This is not legal advice. I am not your attorney. There is a time limit to sue. If you do not sue within this time period, your claim will forever be barred. You should speak with an attorney immediately.
Hi my son was hit on his bicycle sitting still by a careless driver who looked down to pick her cell phone up to call her husband and when she looked up she hit my son from behind doing 30mph. My son has 2 herniated disks in his neck and 2 in his back. Does his settlement increase due to scarring? Also is each herniated disk worth it’s own amount? Also will he get more because she hit him carelessly while on her cellphone and because my son was sitting still on his bike out of the road?
I recently got into a car accident where the other person was at fault and was cited on the spot. I hired a lawyer to take care of my best interests. 6mths pregnant, with another toddler in the back at the time of the accident I suffered multiple disc injuries…cervical, thoracic and lumbar regions. I was sent to a chiropractic doc for treatment and once I had the baby went to get MRI scans done.
Based on the findings I was referred to a surgeon where I was told I was a candidate for surgery. I refuse to undergo the knife at this time….because I had no invasive treatments done I was told that the defendant (insurance company) is only viewing it as a soft tissue injury and has since offered only $10,000. I was told I won’t get anything more…I am a mess and in alot of pain, surely this can’t be legal? I would greatly appreciate your advice… Pinellas County FL
Thank you for your comment. Your told me that you have multiple disc “injuries”, but you do not say what type of injuries. This is very limited information.
I need more facts, including but not limited to:
When was your first medical visit?
How much property damage was there to your vehicle, and the other driver’s vehicle?
How old are you?
Have you ever had pain in the affected areas before this incident? If so, when were your last complaints prior to this incident?
Have you ever had an positive finding on your spine before this accident? If so, what was it?
How much are your out of pocket medical bills and lost wages?
Did your attorney send the MRI CD to the insurance company?
What are the bodily injury (BI) coverage limits of any responsible parties.
Unfortunately, insurance companies make low offers all the time. However, they have a duty to their insured to act in good faith.
I was hit from behind at a red light,About eight months ago.The individual foot slipped he stated.He had 110,000 in Coverage. I’ve been treating with the Chiropractor had an MRI done,I have three herniated discs but in particular the L5 S1 Region is the worst,I was referred to a Neurosurgeon but declined to go through with the surgery, And is getting epidural steroid injections. I’m on my second injection, still in a lot of pain,have exhausted my pip.Medical bills are still climbing.. I’m wondering how much is my case worth I hear anywhere from twenty five to fifty thousand, but this concerns me because my medical bills are close to twenty,and my attorney still has to be paid,which would leave very little for my pain and suffering. Is it at all possible to obtain more then 50,000 in case like mine?
You have given me just a few details of the facts of your case. There are many details in a car accident case involving a herniated disc. Your attorney knows much more than me. You should ask your question to him. He is the best person to answer it.
Every case is different. I settled a non-surgical herniated disc case for $100,000 and another for $95,000. I have seen other much larger settlements for cases involving a non-operated herniated disc where the injured person had epidural steroid injections.
I have also had smaller settlements where my client had a herniated disc.
There is a time limit to sue or your claim is forever barred. This is not legal advice.
hi after surgery c6,c7 ,after 5 months the doctor results determinated that mmi is 7% ,this is worker comp case. they going to send me a final check, but can i use a lawyer to get another check o what is the best way.
i have lower back pain from work with my employer,started 2010 till todate, X-RAYS,MRI was done findings
disc prolapse,disc herniation,disc compression causing nerve problems affecting my walking mobility also straightening vertebral, lodeosis
I was in an accident, my attorneys are from one the bigger law firms in Florida. They want to settle for $15,000 for me and $2,500 for my son.
We were rear ended and car was pushed into a ditch , car was totaled. There were myself and my three children at the time and I was pregnant. We went to the hospital by ambulance.
I started having problems with my pregnancy after the accident. My son was born three weeks early by emergency csection ,the umbilical cord was wrapped around his neck three times and had to be put in a headlock to be pulled out.
My ob doctor sent the attorney medical records stating this and that it was caused by the accident. I had three natural births but with him a csection. She said my injuries are soft tissue and i am lucky she got them to go up to that.
The guy responsible has $50000 per person. She said if we went to trial we could lose and it would take awhile but I am not being fully compensated. Of course she is only a paralegal.
I am sorry that you and your family were injured, and that you are an unhappy with your lawyer. You should ask to speak with a lawyer, not just the paralegal.
Schedule an in person meeting if you want.
I hope the attorneys are able to put your concerns to rest. I hope that you feel better.
I hope that you never need for a personal injury lawyer in the future. But if you or your family do, I am an attorney in a small law firm, and I am available to see if I can help.
Disclaimer: There is a time limit to sue. This is not legal advice. I am not your attorney. You should speak with a lawyer immediately.
hello I have lower back car accident injury in the state of california. I have a rupture/tear L-5-S-1 with the 2.6 mm. I am 24 years old, never had back problem. I have a herniated disk hitting my siatic nerve.
the pain spread and all my lower back but specially more, when the pain goes dow my leg. I was hit from behind between 15-20mph, the insurance person had state farm insurance.
I am currently taking the epidural injection to reduce disk size pain and pressure on the siotic nerve . I am also taking physical therapy. since the accident its been difficult form me to perform normal daily activities. i have back pain throughout the whole day, can even carry my 4 month year old daughter for long times because of back pain. What will be an estimated of my compensation with the information provided?
I was in a car accident March 2017, a week later my back was hurting so I went to the doctor. Geico was not answering questions or sending me forms I needed to fill out so I got a lawyer. MRI on lumbar showed bulging disc but no pinched nerve. The orthopedic doctor I was sent to said I was faking my pain and told me I was just lazy. (He referred me to physical therapy.) Lawyer sent me to the chiropractor.
He said I have facet joint syndrome in multiple spots and my tailbone keeps moving out of place. He was thinking that my neck pain, since it didn’t start until after my back pain, was due to the back injury causing me to move differently. (This was the first time I could tell a doctor about the neck pain as I hadn’t seen one in two weeks which put it at 34 days post accident.) So that has been a wait and see.
He sent me to pain doctor who did the small steroid injections with no help, then moved to the bigger steroid injects which helped quite a bit.
After three, they did the facet joint steroid injections. That around February 2018. It helped a lot for the first month and a half. But it’s slowly coming back. (This includes pain shooting down leg which they have no idea why.) However, ever since April 2018, my neck has been hurting some which is understandable since I am activish again… The last month it has really gotten worse. MRI yesterday showed three bulging discs and one herniation in my neck.
Side notes: I have EDS and fibromyalgia which the chiro said created the “perfect storm” for my back pain. (He ranked me before neck at 8% disabled). I also lost my job due to the accident so I have been focusing on college only and Geico paid lost wages until September 1, 2017). I had neck pain in 2012 and went to PT for a few months and then I was in no pain and haven’t hurt until the accident. I am in FL and have $100,000 uninsured/underinsured and have $100,000 from the insurance at fault. (Plus the $10,000 PIP and the $500 medpay)
In your best guestimate, what would you think I could get back?
(I have prestige/Medicaid so they pay much lower than billed amount.) I’m really hoping to get enough to get a van with better lumbar support and neck support with it.
While you did give me a good deal of information in your comment, there are many more pieces of information that I don’t know. Your lawyer should know these.
For example, I don’t know how much damage there was to your car from the crash. I also don’t know how much damage there was to the other car.
Personal injury cases, particularly those involving disc injuries, are complex. While I would like to give a settlement value estimate, I’m unable to give one.
Since you have a lawyer, your attorney knows your case much better than me. He has likely seen the MRI studies (or whatever study) showed your bulging and/or herniated disc issues.
Disclaimer: My reply is written for general information only. Individual cases demand individual treatment. I am not your lawyer. My reply is not intended as legal advice or opinion. You should speak with a lawyer immediately. There is a time limit to sue.
I have a c5 c6 herniated disc in my cervical spine. I have a lawyer. 15000 in medical bills. Loss of wages. At a stop light when a suburban hit a cavalier that was on my a** doing 50 mph and said his breaks went out. I am having trouble with geiko(car i was driving) and why they are taking a year to tell allstate(at fault drivers insurance that they will not cover me. Allstate offered 4000.
Dear Person with C5-C6 Herniated Disc insured with GEICO,
Thank you for your comment. I am sorry to hear that you were injured. When you ask “why are they are taking a year to tell Allstate (the at fault driver’s insurance) that they will not cover me”, are you saying that GEICO has told Allstate that GEICO will not cover you? If so, what types of coverage is GEICO saying that they will not cover you for? PIP? Bodily Injury? What is GEICO’s basis for denying coverage?
I am not your attorney. This is not legal advice. There is a time limit to file a lawsuit.
Hi have a herniated disc c4-c5. My attorney says i can only get no more than 10,000. back I had to get a new car, my car was totaled and I’m having severe pain and I feel like i person at fault whom got a ticket is winning.
Hi Person with C4-C5 herniated disc,
Thank you for your comment! I am sorry to hear that you were injured. My response only applies to an accident in Florida. I am not your attorney unless you hire me.
I am unsure whether you are saying that your attorney says that you can get no more than $10,000 (before subtracting attorneys fees, costs, medical bills, etc.) or whether you are saying that after attorney’s fees costs, medical bills you can get no more than $10,000 as a net settlement. Also is he saying that you can get no more than $10,000 for your injury, and a separate $10,000 for the property damage to your car?
I really need to have answers to the above question to intelligibly give you a better response, but it sounds to me like your attorney has told you that the driver who is “at fault” has limited bodily injury coverage under his or her auto insurance policy. Unfortunately for people who are injured, this is way to common in Florida because bodily injury coverage in not required for private passenger automobiles in Florida in most situations.
Your attorney should get an financial affidavit from the driver which among other things, asks whether the driver was working (in the course and scope of his employment) or volunteering at the time of the crash. Does the owner have a separate auto insurance policy that has bodily injury coverage?
Perhaps you have underinsured motorist coverage in your auto insurance policy.
I can sympathize with your feeling of helplessness. I hope that your pain goes away quickly. Please let me know if I answered your question/comment to your satsifaction.
hi, I have disc herniation on c3-4 and c4-5, I’m in therapy with hot towels, electricity and massages, but is not working It has been almost 4 months with the same pain in my neck and all over my body, I talked to the doctor wants me to try homeopathy medicine and acupuncture to alleviate my pain. My attorney told me that a 99% of the supermarkets does not have insurance, I don’t know how much the settlement can be. How long does this case takes? and I don’t know if trying homeopathy medicine and acupuncture will work?
Hi Person with disc herniation on C3-C4 and C4-C5,
Thank you for your questions. I am sorry to hear that you were injured. What type of a doctor are you treating with? (E.g. orthopedic doctor, chiropractor, etc.). I am not your attorney. There is a time limit to file a lawsuit.
I am only licensed in Florida so my response assumes you were injured in Florida. I gather that you were injured in a supermarket. Did you slip and fall?
Although there is no bright and fast rule, sometimes there are things that you can look at that may help you figure out how long a Florida injury case could take to settle.
This past Tuesday, I settled a case – during litigation – against a Supermarket in Miami for $300,000. My client was injured about 2 1/2 years ago. But the case settled a few months after he was finished getting medical treatment.
Perhaps homeopathy medicine and acupuncture may reduce your pain. I recommend that at a minimum, my clients treat with an orthopedic doctor in Florida who has a good reputation for being a patient advocate for people injured in accidents.
You can read this article that I wrote about supermarket accident claims and settlements.
Please feel free to ask me any more questions. I hope that you feel better.
Hey there I recently have had a horrible throbbing pain in the back of my neck after doing some of my excercises. When I do 1 or 2 pullups I am fine but if I increase it to say 20 continuous reps i let go and have a horrible throbbing pain in the top of my neck. My mom thinks i might have a bulging disc. Since it is a temporary throbbing pain followed by a very minor soreness/stiffness is that the beginnings of it? Howlong shouldIrest thanks
Jo,
I am sorry to hear that you are having pain. I suggest that you speak with a doctor immediately. I am not a doctor so I cannot give medical advice. I wish you good luck.
My incident occurred at work, 7 months ago…the employer neglected to send me out for treatment, or filed an incident report. I filed a worker’s comp claim 2 weeks after the incident, and hired an attorney. Recent finding by MRI imagery shows a mild disc bulge at C3-C4 level, C5-C6 extruded disc herniation, through the annular fibers eccentric to the right side. It is central and right paracentral in position, C6-C7 demonstrates a small disc protrusion centrally.
Incident was not an actual slip and fall, but the circumstances surrounding incident, were a cause of the injury. I was placing a large salad container weighing approximately 40-50 lbs, on a top shelf in a walk in cooler (top shelf already had 2 stacked containers), the step stool used was an upside down plastic milk crate, and the flooring in the cooler is metal and grooved.
When the crate shifted underneath me, while I was holding said container way above shoulder length, I felt a pop/tear in my upper back. Now treatment has been moving along at a very slow pace, it took the insurance 2 months to approve for MRI and xray, now awaiting approval for first suggested treatment of 3-6 months of physical therapy and epidural injections, leaving surgery as last resort for treatment.
I have not yet received a maximum recovery rating. Workers comp paid from Jun 2014 until first week of Oct 2014, claiming they no longer owe me any loss wage compensation.
Dear Betta:
Thank you so much for posting this comment!
I am sorry to hear that you have these serious injuries. I am happy to hear that you hired a lawyer. I hope that you get fair compensation for your injuries and that you have a speedy recovery.
This is not legal advice. I am not your attorney. There is a time limit to sue. If you do not sue within this time period, your claim will forever be barred. You should speak with an attorney immediately.
Good luck.
can i get a contact with you or link me on my email at [email protected] need to talk to you about a similar situation
Hi my son was hit on his bicycle sitting still by a careless driver who looked down to pick her cell phone up to call her husband and when she looked up she hit my son from behind doing 30mph. My son has 2 herniated disks in his neck and 2 in his back. Does his settlement increase due to scarring? Also is each herniated disk worth it’s own amount? Also will he get more because she hit him carelessly while on her cellphone and because my son was sitting still on his bike out of the road?
Hi Mr. Ziegler,
I recently got into a car accident where the other person was at fault and was cited on the spot. I hired a lawyer to take care of my best interests. 6mths pregnant, with another toddler in the back at the time of the accident I suffered multiple disc injuries…cervical, thoracic and lumbar regions. I was sent to a chiropractic doc for treatment and once I had the baby went to get MRI scans done.
Based on the findings I was referred to a surgeon where I was told I was a candidate for surgery. I refuse to undergo the knife at this time….because I had no invasive treatments done I was told that the defendant (insurance company) is only viewing it as a soft tissue injury and has since offered only $10,000. I was told I won’t get anything more…I am a mess and in alot of pain, surely this can’t be legal? I would greatly appreciate your advice… Pinellas County FL
Hi Carol,
Thank you for your comment. Your told me that you have multiple disc “injuries”, but you do not say what type of injuries. This is very limited information.
I need more facts, including but not limited to:
When was your first medical visit?
How much property damage was there to your vehicle, and the other driver’s vehicle?
How old are you?
Have you ever had pain in the affected areas before this incident? If so, when were your last complaints prior to this incident?
Have you ever had an positive finding on your spine before this accident? If so, what was it?
How much are your out of pocket medical bills and lost wages?
Did your attorney send the MRI CD to the insurance company?
What are the bodily injury (BI) coverage limits of any responsible parties.
Unfortunately, insurance companies make low offers all the time. However, they have a duty to their insured to act in good faith.
If warranted, I file a consumer complaint and/or sue them in attempt to get fair value for a case.
Why don’t you want to have surgery now? I assume that the pain is not great enough to warrant surgery, correct?
Your attorney most likely knows much more than me about your case, so he is the best person to ask questions to about your case.
There is a time limit to sue. This is not legal advice. I am not your lawyer. Your response to this comment will be public.
I was hit from behind at a red light,About eight months ago.The individual foot slipped he stated.He had 110,000 in Coverage. I’ve been treating with the Chiropractor had an MRI done,I have three herniated discs but in particular the L5 S1 Region is the worst,I was referred to a Neurosurgeon but declined to go through with the surgery, And is getting epidural steroid injections. I’m on my second injection, still in a lot of pain,have exhausted my pip.Medical bills are still climbing.. I’m wondering how much is my case worth I hear anywhere from twenty five to fifty thousand, but this concerns me because my medical bills are close to twenty,and my attorney still has to be paid,which would leave very little for my pain and suffering. Is it at all possible to obtain more then 50,000 in case like mine?
S.L.,
You have given me just a few details of the facts of your case. There are many details in a car accident case involving a herniated disc. Your attorney knows much more than me. You should ask your question to him. He is the best person to answer it.
Every case is different. I settled a non-surgical herniated disc case for $100,000 and another for $95,000. I have seen other much larger settlements for cases involving a non-operated herniated disc where the injured person had epidural steroid injections.
I have also had smaller settlements where my client had a herniated disc.
There is a time limit to sue or your claim is forever barred. This is not legal advice.
Thank you very much.
You are very welcome.
hi after surgery c6,c7 ,after 5 months the doctor results determinated that mmi is 7% ,this is worker comp case. they going to send me a final check, but can i use a lawyer to get another check o what is the best way.
i have lower back pain from work with my employer,started 2010 till todate, X-RAYS,MRI was done findings
disc prolapse,disc herniation,disc compression causing nerve problems affecting my walking mobility also straightening vertebral, lodeosis
M.D.,
Thank you for your comment. I’m sorry to hear that you are still hurt. Did you ever make a workers’ compensation claim?
You should speak with an attorney immediately. There is a time limit to sue or your claim is forever barred. This is not legal advice.
I was in an accident, my attorneys are from one the bigger law firms in Florida. They want to settle for $15,000 for me and $2,500 for my son.
We were rear ended and car was pushed into a ditch , car was totaled. There were myself and my three children at the time and I was pregnant. We went to the hospital by ambulance.
I have five bulging discs and my son has a permanent scar on his nose from a contusion he suffered.
I started having problems with my pregnancy after the accident. My son was born three weeks early by emergency csection ,the umbilical cord was wrapped around his neck three times and had to be put in a headlock to be pulled out.
My ob doctor sent the attorney medical records stating this and that it was caused by the accident. I had three natural births but with him a csection. She said my injuries are soft tissue and i am lucky she got them to go up to that.
The guy responsible has $50000 per person. She said if we went to trial we could lose and it would take awhile but I am not being fully compensated. Of course she is only a paralegal.
I wish I would’ve went with a smaller firm.
Disgruntled victim:
I am sorry that you and your family were injured, and that you are an unhappy with your lawyer. You should ask to speak with a lawyer, not just the paralegal.
Schedule an in person meeting if you want.
I hope the attorneys are able to put your concerns to rest. I hope that you feel better.
I hope that you never need for a personal injury lawyer in the future. But if you or your family do, I am an attorney in a small law firm, and I am available to see if I can help.
Disclaimer: There is a time limit to sue. This is not legal advice. I am not your attorney. You should speak with a lawyer immediately.
hello I have lower back car accident injury in the state of california. I have a rupture/tear L-5-S-1 with the 2.6 mm. I am 24 years old, never had back problem. I have a herniated disk hitting my siatic nerve.
the pain spread and all my lower back but specially more, when the pain goes dow my leg. I was hit from behind between 15-20mph, the insurance person had state farm insurance.
I am currently taking the epidural injection to reduce disk size pain and pressure on the siotic nerve . I am also taking physical therapy. since the accident its been difficult form me to perform normal daily activities. i have back pain throughout the whole day, can even carry my 4 month year old daughter for long times because of back pain. What will be an estimated of my compensation with the information provided?
I am not licensed in California so I can’t comment on your case. You should speak with a lawyer in California immediately.
Disclaimer: There is a time limit to sue.
I was in a car accident March 2017, a week later my back was hurting so I went to the doctor. Geico was not answering questions or sending me forms I needed to fill out so I got a lawyer. MRI on lumbar showed bulging disc but no pinched nerve. The orthopedic doctor I was sent to said I was faking my pain and told me I was just lazy. (He referred me to physical therapy.) Lawyer sent me to the chiropractor.
He said I have facet joint syndrome in multiple spots and my tailbone keeps moving out of place. He was thinking that my neck pain, since it didn’t start until after my back pain, was due to the back injury causing me to move differently. (This was the first time I could tell a doctor about the neck pain as I hadn’t seen one in two weeks which put it at 34 days post accident.) So that has been a wait and see.
He sent me to pain doctor who did the small steroid injections with no help, then moved to the bigger steroid injects which helped quite a bit.
After three, they did the facet joint steroid injections. That around February 2018. It helped a lot for the first month and a half. But it’s slowly coming back. (This includes pain shooting down leg which they have no idea why.) However, ever since April 2018, my neck has been hurting some which is understandable since I am activish again… The last month it has really gotten worse. MRI yesterday showed three bulging discs and one herniation in my neck.
Side notes: I have EDS and fibromyalgia which the chiro said created the “perfect storm” for my back pain. (He ranked me before neck at 8% disabled). I also lost my job due to the accident so I have been focusing on college only and Geico paid lost wages until September 1, 2017). I had neck pain in 2012 and went to PT for a few months and then I was in no pain and haven’t hurt until the accident. I am in FL and have $100,000 uninsured/underinsured and have $100,000 from the insurance at fault. (Plus the $10,000 PIP and the $500 medpay)
In your best guestimate, what would you think I could get back?
(I have prestige/Medicaid so they pay much lower than billed amount.) I’m really hoping to get enough to get a van with better lumbar support and neck support with it.
While you did give me a good deal of information in your comment, there are many more pieces of information that I don’t know. Your lawyer should know these.
For example, I don’t know how much damage there was to your car from the crash. I also don’t know how much damage there was to the other car.
Personal injury cases, particularly those involving disc injuries, are complex. While I would like to give a settlement value estimate, I’m unable to give one.
Since you have a lawyer, your attorney knows your case much better than me. He has likely seen the MRI studies (or whatever study) showed your bulging and/or herniated disc issues.
Disclaimer: My reply is written for general information only. Individual cases demand individual treatment. I am not your lawyer. My reply is not intended as legal advice or opinion. You should speak with a lawyer immediately. There is a time limit to sue.