How Much Is a Herniated Disc Injury Worth?

How Much Is a Herniated Disc Injury Worth?

• December 8
• Evans/Reilley
• Spinal Injury

Herniated Discs Are Exceptionally Painful

Have you been in a vehicle accident and suffered a herniated disc?  If so, you are not alone. This injury is incredibly common among car accident victims. Symptoms of a herniated disc include lower back and neck pain, nerve pain, numbness, and even incontinence. Those injured can also experience muscle weakness and struggle when bending over and standing up.

Herniated discs required medical intervention. Treatment can range from medication and physical therapy to surgery.

Unfortunately, those who suffer the most severe injuries may find themselves unable to return to work in the same capacity as prior to the collision or to enjoy many of the hobbies they had in the past.

Of course, accidents happen. But when they are the result of negligence, they are even more aggravating – the future can be daunting. Accident victims worry about the financial impact on themselves and their family as well as the quality of life they will have in the future.

If your herniated disc resulted from an accident due to the negligent actions or inactions of another person or organization, you may be entitled to compensation through a personal injury lawsuit.  However, the idea of legal action can be overwhelming. You need the assistance of a reputable personal injury lawyer to advise you on how to move forward and manage your case.

Wondering how much you could expect to receive? Contact the personal injury lawyer at Evans/Reilley and schedule a free consultation. He will review your situation and discuss how he believes it can best be settled.

Herniated Disc Injury Compensation

Understanding the Factors at Play

 

Each car accident case is unique — and so is the composition of its settlement.

First, your car accident attorney is going to have to prove that negligence was the reason for the accident and that your herniated disc was a result of the crash. Liability could rest with the driver of the other vehicle, the entity responsible for road maintenance, or even the manufacturer of your automobile if a part malfunctioned.

Not all accidents are the fault of a single person or entity; in fact, you may have contributed to the accident as well. Texas law considers proportionate responsibility. This means that if the other person was responsible for more than 50% of the accident, you may still be compensated for your losses (with an adjustment for the percentage of your responsibility). Your personal injury attorney can explain how this would modify  your compensation.

A disc injury that can be completely healed with physical therapy and medication would result in a smaller settlement than one that requires surgery and rehabilitation and has lasting ramifications on one’s life.  The ability to return to work  is also a contributing factor.

A few other conditions that may play a role in your settlement are insurance coverage and pre-existing medical conditions.

In Texas, car accident insurance laws take fault into account. If your injury was caused by the negligence of another driver, their insurance would be responsible for damages; how much you receive depends on their level of coverage. You may also be able to use your own personal coverage in cases where the at-fault driver’s insurance does not fully compensate you for  your losses. Uninsured/underinsured motorist coverage or personal injury protection insurance, if you have them,  can help with shortfalls.  Your car accident attorney can further explain how you could leverage this insurance in covering your costs.

Finally, it is not uncommon for individuals to have a herniated disc prior to an auto accident. This condition can be the result of a number of things, including aging, being overweight, genetics, or a previous incident.  That said, if your car accident aggravated your pre-existing condition, you may still be eligible for compensation as a result of the “eggshell skull rule.”  This protects accident victims with pre-existing conditions. It is important to recognize that  if you already had a herniated disc it can be more challenging to prove damages in cases where your back injury was exacerbated.  Engaging a seasoned personal injury attorney with experience in cases involving  pre-existing conditions can be valuable in situations like this.

Composition of Damages

The average herniated disc settlement in the U.S. is $350,000. That said, the value of your settlement can vary significantly based on the level of injury you sustained and its impact on your life.

A combination of economic and noneconomic damages are typically included in personal injury settlements for herniated discs.  Economic damages are those which are quantifiable and include (but are not limited to) medical bills, lost wages (present and future), property damage and long-term care.  Non-economic damages include compensation for mental anguish, pain and suffering, and loss of consortium.  Your personal injury lawyer has access to experts to help substantiate these claims.

It is important to identify all of your losses, including those you will incur in the future, prior to filing your lawsuit.  You want to make sure you are fully compensated.  Your car accident lawyer can help with these calculations, which can be complex.  Your personal injury lawyer will review the evidence of your case and let you know what you can expect to receive.

Pursuing a Herniated Disc Personal Injury Lawsuit

Engage Evans/Reilley for Experienced and Knowledgeable Guidance

 

Herniated discs are painful and recovery can be challenging; adding the management of a personal injury lawsuit to your list of things to do is unwise.  Cases like this can be complicated and the legal process associated with them is both technical and time consuming. You simply don’t have the “bandwidth” to handle something like this on your own.  Engaging a reputable personal injury lawyer is in your best interests.

The personal injury attorneys at Evans/Reilley have hands-on experience with accident cases resulting in herniated discs.  We appreciate the impact injuries like this have and know how to prove negligence in Texas courts.

We provide all of our clients the personal attention they deserve. At Evans/Reilley you are never just another case. You are an individual who is facing hardship due to the negligence of others.

We have in-depth experience with herniated disc cases and a reputation for providing outstanding service and maximizing settlements for our clients.

Contact us at t (512) 732-2727 to schedule a no-cost consultation. During this meeting we can learn more about your accident and explain how we will manage your case.