Defendant claimed that the plaintiff shared liability because they were not signaling as they were turning. Los Angeles resident receives a six-figure herniated disc settlement after needing surgery after their accident. All rights reserved. Following a herniated disc accident, you are likely to want to know immediately how much compensation you can recover. The McKenzie approach claims to work by encouraging the disc material called the nucleus to re-centralise into its inner middle section. A 4-herniated disc settlement was given to a driver who suffered herniations in both their cervical and lumbar spinal regions. Return to Table of Contents. For bulging/protruding discs, the average jury award nationally is $140,311 ($31,000 median). What Are Typical Pinched Nerve Settlements? | Morgan & Morgan Law Firm Plaintiff countered that they were signaling and that the defendant was driving at an unsafe speed and was not paying attention to the conditions of the road in front of them. From my experience, these have very underwhelming results for most people. If the condition progresses to the point where the herniation pinches a nerve in the region, the pain may shoot down one of your arms and cause numbness, tingling, or weakness in the arm, hand, or fingers. A herniated disc then pushes into nerves in the spine and this can cause pain, numbness, tingling and inflammation which can make even simple movements difficult. This is especially true when the herniation is bad enough to need a serious surgery like a complete discectomy and fusion. The plaintiff stated that the defendant was operating their vehicle at an unsafe speed and failed to keep a proper lookout for the traffic conditions. The MRI review has no value and will not be billed. What this all means for you and others who suffer from a herniated disc is that there is a high probability that your pain can become a lifelong condition. Disc Herniation. Thus, an insurance company will look for any way to be able to deny your claim or reduce its value. Herniated lumbar disc. We also need to know how a nerve can become pinched. This helps us keep Overcome Sciatica alive! Your settlement can be considerably lower or higher than these averages depending on your specific injuries and the competence of your legal counsel. Clinical neurology and neurosurgery,184, 105408. Herniated disc cases without surgery tend to be on the lower side of the settlement values with amounts ranging from about $15,000 to $40,000. If you feel able to, use your hands to provide support in the lower back allowing you to extend further (3rd picture). The settlement was paid to cover past medical expenses as well as the chronic permanent pain that the plaintiff was left with. 3-herniated disc settlement awarded after a vehicle rammed into the car in front of them at an intersection. Many terms may be used to describe issues with a spinal disc and disc pain, and all may be used differently and, at times, interchangeably. What Should I Do if I Think I Have a Herniated Disc? As a result, the victim sustained a cervical disc herniation, causing a pinched nerve on the neck that requires a fusion surgery and an anterior cervical discectomy. The national average verdict for a herniated disc injury case is approximately $360,000, while the median settlement amount is close to $65,000. The defendant eventually settled the case out of court to cover past and future medical expenses as well as lost wages in the recovery period. 39-Year old female driver was hit at a red-light from the rear resulting in 3-herniations in her cervical spine. A herniated disc injury might occur because of the pre-existing past medical spinal condition, pre-existing injuries, or age-related reasons. $115,967.00 (Maine) A 44-year old male driver suffered herniations at C6 and C7 as well as L4 and L5 after being struck from the read by a pickup truck on a local highway. Herniated Disc Settlement Amounts | 2023 Update That is why before you speak with the insurance adjuster about your accident, you want to first reach out to an experienced herniated disc accident lawyer. Gently try to lean back. The seriousness of a car accident injury generally adds to your pain and suffering values which can increase your settlement vastly. Be sure to get an assessment from a medical professional before engaging with any of the following exercises to check your own personal suitability. There is also some evidence that the nucleus pulposus material causes a chemical irritation of the nerve roots. While there are some overall similarities, the norms of your insurance company and how they have dealt with past herniated disc cases can be a good indication of what you can expect in your own case. Watch: Herniated Disc Video. Very rarely, surgery is required for a herniated disc to release the pinched nerve. +For more information, visit usaspinecare.com/surgeons. Plaintiff received the insurance policy limit of $20,000 and settled the rest with the underinsured motorist in court. Repetitive neck motions. Prior results do not guarantee similar outcomes. Male driver suffered 4 herniations after colliding with a motorist who made an illegal left-turn in a busy intersection. Improper safety and training at work frequently leads to individuals suffering a herniated disc in this manner. An insurance company may try to take what you have said about the accident on social media to fight your claim about whether their insured actually caused the accident, or about whether your injuries are really as severe as you claim. Herniated discs are a common permanent injury, typically caused by a car crash or a job accident. There are multiple herniated disc surgery types and each one has its own efficacy rate and safety concerns. Only go as far as is comfortable no need to get to full extension for a benefit! 866-DOCS-LSI The slipping out of a disc can put pressure on any point in your spine. The impact caused herniations at C3, C4 and C5. We call these levels S1-S4. Your sacrum is the funny shaped bone that joins the right and left parts of your pelvis together. Most herniated disks occur in the lower back, but they can also occur in the neck. For most people who develop back pain whether it is because of a herniated . 866-249-1627, ADA compliance HIPAA Subscriptions Disclaimer Privacy policy Terms of use. A herniated disc in the cervical spine can cause pain or spasm in the neck and shoulder blade (scapula). This exercise may help a herniated disc to centralise into the inner disc where it cant pinch on a nerve root. Its important to exhaust all non-surgical methods first, as you cant reverse a surgery and the results from surgery are often underwhelming. My Final Recommendations for a Herniated Disc or Pinched Nerve. Simplified formulas like this that attempt to give you the average settlement value for a herniated disc will not help you understand what your chances are with a car accident settlement for a herniated disc. A lawyer can: If you or a loved one suffered a herniated disc injury because of another persons wrongful actions, do not wait any longer to secure the legal help you need. A herniated disc is most common in the C6-7 vertebrae and these vertebrae being damaged leads to symptoms like radiculopathy. For instance, an insurance company may look for evidence that the herniated disc was not caused by their insureds actions, or at least that other circumstances significantly contributed to the injury, such as: On the other hand, the insurance company also wants to avoid the risk of having to pay out more by having to go to trial and have a court decide how much they owe. Some of the injuries were perceived to be permanent. To understand the difference between a herniated disc and a pinched nerve, we first need to understand what a herniated disc is. However, some common factors come into play in determining the value of a herniated disc case, as discussed further below. Herniated Disc Treatment: Are Over-the-counter Medications Effective? Herniated Disk: What It Is, Diagnosis, Treatment & Outlook Shooting or burning pain, tingling, numbness and muscle weakness can radiate along the length of the affected nerve. Below that is your sacrum. Usually, people suffering with a herniated disc causing a pinched nerve find this exercise one of the most useful for improving their symptoms. Your mid-back is made up of the 12 thoracic vertebra. Next Page: Disc pain tends to be most common in the lower back, where most of the movement and weight-bearing in the spine occurs. Thank you for your support. The stronger they perceive your case is, and the more substantial your expenses and impacts from the injury, the more they will be willing to settle for. The average settlement for a herniated disc from a car accident can range vastly based on who was at fault, how many herniations you suffered and whether or not you needed extensive recovery time and treatment. Surgery is considered a last resort which is why herniated discs that need laminectomies or anterior cervical decompression and fusion or any other form of surgery have higher settlement values. Herniated Disc - Causes, Symptoms & Treatment - Bonati Spine Institute The discs are very important. Suffering from Lumbar Spinal Stenosis? Besides pain, a herniated disc can lead to numbness, tingling, and weakness. Examples of this are seen in the more invasive nature of laminectomy surgery as it is associated with more instability in the patient. The deadline may vary depending on several things, including the kind of accident that caused your herniated disc and who the defendant is. A herniated disc settlement has a much higher chance of having pain and suffering included compared to a bulging disc settlement. Because of this, it is important to contact an attorney as soon as possible after your herniated disc injury so that they can determine when your deadline to file is and make sure you handle your claim on time. This describes the event where the strong outer fibres of the disc split (or herniate) and the fluid within the disc leaks out at the region where the injury occurred. The information contained on this website is for educational purposes only, and is not intended to serve as a replacement for a medical diagnosis. He turned down a $475,000 pretrial settlement offer and received a $2.6 million verdict. The accident caused her to suffer an aggravation at L4 and L5 as well as cause bulging and herniations at L4, L5, L6 and C6, C6 and C7.