If someone’s negligence caused 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.
Can an Accident Cause a Herniated Disc?
Yes. An accident can cause, or aggravate, a herniated disc. This includes car accidents, motorcycle accidents, slip and falls, and more.
You can get 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.
Herniated Discs Aren’t Usually Found at the ER
Most injured accident victims, who ultimately diagnosed with a herniated discs, are not given the diagnosis at the emergency room.
This is because emergency rooms generally use a CT scan and not an MRI when taking images of your spine. A herniated disc is found on an MRI much more than on a CT scan in most cases that I have handled.
Do Steroid Injections Increase the Value of a Herniated Disc Case?
All things equal, yes. Before getting steroid injections, ask the doctor to have his or her assistant video the injections. You can even use your cell phone.
$100,000 Settlement for Injections to Lower Back After Car Crash
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.
$39,000 Settlement for Herniated Disc and Steroid Injections
My client was driving a pickup truck in Pinecrest, Florida. A car ran a stop sign and crashed into him.
Before the crash, he had pain in his back and neck. He also had a lot of treatment to these areas before the crash.
He claimed that the collision caused or worsened his neck and back pain, and herniated discs. After the crash, he had steroid injections.
GEICO insured the driver of the car. GEICO paid the driver’s $20,000 bodily injury liability (BIL) insurance limits to settle.
NARS was my client’s underinsured motorist insurer. They paid $19,000 to settle. The total settlement was for $39,000.
$150,000 Settlement for Lower Back Fusion Surgery on Herniated Disc
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 fusion surgery. Allstate and a BI liability insurer paid a combined $150,000 to settle.
I represented the injured claimant.
$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
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
Mrs. Harlow also testified about how her emotional well-being had been affected by the accident to the point of visualizing her suicide. She described her loss of sleep on a nightly basis due to pain.
Further, Mrs. Harlow described how the quality of her relationship with her husband had been affected by her accident related injuries. She testified this was extreme emotional pain.
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 jury found that she suffered a permanent injury. The jury awarded past non-economic damages of $713,468.00 and future non-economic damages of $1,070,202.00. Non-economic damages are pain and suffering, loss of enjoyment of life, etc.
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; $59,455 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.
St. Paul Fire & Marine Insurance Company covered Bright House with an umbrella policy of liability insurance. St. Paul operates as a subsidiary of The Travelers Companies, Inc. (I’ve settled several injury cases with Travelers).
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.
Thereafter, Bright House appealed the verdict. The 2nd DCA appeals court says that the injured lady’s response to the appeal is due on November 29, 2017. Thus, the appeals court may not decide the case until December 2017 or early 2018.
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
This isn’t my case. In Hurtado v. DeSouza, Fla: Dist. Court of Appeals, 4th Dist. 2015, a man was rear ended while stopped at a traffic light.
He claimed that his herniated disc was caused by the crash. He had three epidural steroid injections during his four months of treatment.
A jury awarded him $1,002,238.17. The appeals court ordered a new trial because the claimant’s attorney made improper comments.
Below is a Herniated Disc (in the Lower Back) from a $100,000 Settlement
Below is an actual MRI of a herniated disc in the lower back. It is from a $100,000 motorcycle accident settlement that I had.
$100,000 Settlement for Herniated Disc Where Driver Had Surgery To His Lower Back
Watch a video of the injured driver’s version of the accident and his settlement.
Keith was driving of a car in Coconut Grove, Miami-Dade County, Florida. Another car crashed into the back of the car that Keith was in.
Here is a photo of the crash scene.
The crash reported listed his injuries as possible. His airbag didn’t deploy.
Keith was not transported to a hospital. After the crash, he complained of neck and back pain to his father, who was his primary care physician.
On the date of the crash, Keith didn’t have car insurance on his car. Thus, he couldn’t make a claim with anyone else’s personal injury protection (PIP) insurance.
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.
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.
I sent State Farm a written request to give me certain insurance information required by Florida Statute 627.4137.
The At Fault Driver Had $100,000 in BIL Insurance
State Farm replied, in writing, stating that it insured the careless driver with $100,000 in bodily injury liability (BIL) insurance limits.
Eventually, without filing a lawsuit, State Farm offered the $100,000 limits. Here is the $100,000 settlement check.
I mentioned earlier that his health insurance paid most of his bills.
The health insurance company had a right to get paid back from the settlement. They claimed a lien of $4,744.93.
The good news?
I got them to accept $1,265.31 to settle their lien.
Neither Keith, nor the vehicle that he was in, had uninsured/underinsured motorist insurance.
I was Keith’s attorney.
He was very happy with his settlement.
$70K Settlement for Herniated Discs and Other Injuries After Car Hits 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.
The pedestrian also broke her leg (tibial plateau). She also fractured her sacrum. She had bulging discs as well.
USAA insured the driver. They paid us $70,000 to settle. Here is the settlement check.
$20K Settlement for Herniated Disc (Miami Car Accident)
Liz was a passenger in an SUV. She was heading straight on NW 25 St in Miami, Florida. Jose was driving a Jeep. Jose ran a red light.
The front of Liz’ SUV hit the right front side of Jose’s Jeep. This occurred in an intersection.
Here is what the SUV looked like after the crash.
Here is another photo showing the damage to the front and driver side of the SUV.
The diagram from the Florida crash report is below:
Police gave Jose got a ticket for running a red light.
Liz was not transported by ambulance to the hospital.
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:
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
Below is an actual MRI of a herniated disc in the neck. It is from a $17,000 Miami, Florida car accident settlement that I had.
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 Usually Occur When You Have a Pinched Nerve; Increase Value
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.
Herniated Disc Impinging on Spinal Nerve May Need Surgery
If you someone’s carelessness caused your herniated disc and it is impinging on the spinal nerve, this may increase the full value of the personal injury case.
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:
This article also applies to the personal injury portion of your claim if you are hurt while working and you also have a personal injury claim.
This article applies to seamen or crew who suffer an injury while on a boat or ship.
Full Case Values May Not Apply to Workers’ Compensation Claims
Some of this article does not apply if you only have a Florida workers compensation claim.
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).
Know The Breakdown of Past Verdicts and Settlements
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 Values 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.
Find out how a Florida liability insurer may deny or minimize the existence, cause or severity of a herniated disc.
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.
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.
Driver Gets $100,000 for Aggravation to Pre-Existing Herniated Disc
See a $100,000 settlement for a lady hit by a car in North Miami Beach. She said the crash worsened her pre-existing herniated disc.
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.
She was awarded $150,000 in past pain and suffering, and $220,000 in future pain and suffering. Read more about this injury verdict against Home Depot.
Some herniated disc cases that I have handled are on my Florida injury settlements page.
$550,000 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 slipped and fell on a clear substance on a stairway at a condominium building in Orange County, Florida owned by the defendant.
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.
$210,00 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.
He also had a shoulder labrum surgery. When a Florida resident is hurt in an auto accident in another state, he has to deal with the laws of at least two states.
Jury Awards $326,468 to Injured Passenger Insured With 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.
Candy did not seek emergency medical treatment. The following day, she went to the hospital with complaints of headache, neck pain and right shoulder pain.
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.
Side note: Dr. Fernandez was a workers’ compensation doctor who did shoulder surgery on a client of mine whose case I settled for $210,000. In my case, when I spoke with Dr. Fernandez, his opinion was that the shoulder surgery wasn’t related to the rear end crash.
Back to this case…
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.
The jury found that she had a permanent injury. Thus, she was entitled to money for pain and suffering.
$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.
$55,000 Verdict for Pain and Suffering for Herniated Disc and Rotator Cuff Tear
This isn’t my case. A passenger slipped and fell on a Royal Caribbean cruise ship gangway (walkway) when it was raining.
Most Herniated Discs Occur in the Lower Back
Most herniated discs occur in the lower back. You should know about past settlements for accident cases involving a herniated disc in the lower back.
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.
Your Age
Your age may impact the amount of your Florida injury settlement. Older people are much more likely to have a herniated disc than younger folks.
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.
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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 $10,000 Limits?
Maybe. $10,000 is the most common bodily injury (“BI”) insurance limit that Florida cars have.
Factors that may increase the chance that an BI liability auto insurer pays its $10,000 limits are:
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Treatment with a Chiropractor Instead of an Orthopedic Doctor
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Big damage to the car that you were in
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You were a pedestrian when the car hit you
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At fault driver was drunk
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You’re Young
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You only have 1 herniated disc
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Surgery is Recommended
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Herniated Disc is Big (e.g. 6 millimeters)
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The type of accident doesn’t require you to prove your injury is permanent
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You’ve had epidural injections or surgery
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You Have Surgery
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Herniated Disc is in Your Neck; Or Back but Not a Rear End Crash
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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)
Possible Value = $40,000 x (100 – 25%)
Case may be worth = $40,000 x (75%)
Possible Value = $30,000
Did you suffer a herniated disc in an accident in Florida, or a cruise or boat? Do you have another type of injury?
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Editor’s Note: This post was originally published on April 2013 and has been completely revamped and updated.
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.