South Florida Injury Attorneys Blog
You just found out you have a herniated disc injury from that car accident last month. The pain is bad and keeps you from doing normal activities. The medical bills are piling up. You may have to take time off work for doctor appointments, physical therapy, or even surgery.
Now you’re wondering – how much is my herniated disc injury case worth? Will I get enough money to cover the medical bills, lost wages, and pain and suffering? Get the inside scoop in this article on what drives the value of herniated disc claims in Florida.
What Is a Herniated Disk Injury?
A herniated disc occurs when the soft center of a spinal disc ruptures through a weak spot in the tough outer exterior of the disc. This can irritate nearby nerves and cause pain, numbness, or weakness, usually in an arm or leg.
The spine is made up of 24 vertebrae stacked on top of each other. Discs act as shock absorbers between the vertebrae. Each disc has a soft gel center encased in a tough exterior.
A herniated disc, also known as a ruptured or slipped disc, develops when the exterior of the disc weakens or tears, allowing the inner gel to bulge out. This can put pressure on a nerve root exiting the spinal cord, causing pain and other symptoms like:
- Sharp or shooting pain in the arm, leg, neck or lower back
- Numbness, tingling, or muscle weakness in the arm, leg, neck or lower back
- Pain that gets worse with sitting, standing, sneezing, coughing, or straining
- Pain that gets better with walking or changing positions
The most common locations for a herniated disc are the lower back (lumbar spine) and neck (cervical spine). A herniated disc in the lumbar spine can cause pain and symptoms in the lower back, buttocks, thigh, and calf. A herniated disc in the cervical spine can cause pain and symptoms in the neck, shoulder, arm, and hand.
How Much Are Herniated Disk Claims Worth in Florida?
In Florida, the average settlement value of a herniated disc injury claim is between $75,000 to $200,000. The exact amount depends on the severity of your injury, details of your accident, and your treatment plan.
When determining how much your herniated disc claim may be worth, the insurance company will evaluate several factors. The severity of your symptoms plays a large role. Constant pain, numbness, muscle weakness, or impaired mobility will increase the value. If your daily activities and job duties are limited, that also boosts your claim.
Your medical records and bills provide evidence of the treatment you’ve received. More intensive treatments like physical therapy, injections, or surgery signify a serious condition and higher damages. Diagnostic tests that confirm the herniation, like MRIs, CT scans, and X-rays, substantiate your injury.
Factors That Affect Herniated Disk Settlement Amounts
Several key factors determine how much compensation you may receive in a herniated disc injury claim. The severity of your injury and the details surrounding your accident are important, but other elements also come into play.
- Severity of Your Injuries” The more severe your herniated disc injury, the higher the potential settlement amount. Permanent injuries, especially those requiring surgery like a discectomy or spinal fusion, often result in larger settlements compared to minor muscle strains or bulging discs that heal over time.
- Cause of the Accident: How the accident happened and who was at fault are also significant factors. If another party was clearly negligent, such as in a car accident or slip and fall, you have a good chance of recovering costs for medical bills, lost wages, pain and suffering, and other damages.
- Medical Expenses and Lost Wages: The total costs of your medical expenses, physical therapy, medication, and other treatments play a role in determining a fair settlement amount. Be sure to keep records of all bills and expenses related to your injury.
- Pain and Suffering: Herniated disc injuries often involve a high degree of pain, discomfort, and lifestyle changes. Your pain, suffering, and loss of enjoyment of life are taken into account when negotiating a settlement.
- Insurance Companies Involved: The insurance companies covering the at-fault party and your insurance also affect settlement amounts. Well-funded insurance companies with a reputation for fair settlements may offer higher amounts compared to companies known for aggressively limiting payouts.
Consulting with a personal injury attorney experienced in herniated disc cases can help determine a fair settlement range based on these factors. An attorney can handle negotiations with insurance companies to maximize your compensation so you can focus on recovery.
Proving Liability in a Herniated Disk Case
To win compensation in a herniated disc injury case, you’ll need to prove that another party was liable for your injury. This means showing that their negligent or reckless actions directly caused your disc to rupture or bulge. Some common ways liability is established in these cases include:
Auto Accidents
If you suffered a herniated disc in a car crash, you’ll need to prove the other driver was at fault. Things like witness statements, photos of the accident scene, and police reports can all help establish the other party’s negligence. Their insurance should then cover your injury claim.
Slip and Falls
Businesses have a responsibility to maintain safe conditions for customers and staff. If you slipped and fell due to a wet floor, uneven surface, or other hazard on their property, you may have a valid claim against them. You’ll need evidence like security footage, photos of the dangerous condition, and records of any reports you made to staff at the time of your fall.
Workplace Accidents
Employers also have a duty to provide a safe work environment. If you suffered a herniated disc on the job due to faulty equipment, improper training, or hazardous conditions your employer knew about but failed to fix, you may have grounds for a workers’ compensation claim or personal injury lawsuit. Witness statements from co-workers, workplace policies and procedures, and records of any reports you filed regarding unsafe conditions can all help establish liability in these cases.
The key in any herniated disc injury claim is connecting your injury to the negligence of another party. While the pain and difficulties from a ruptured or bulging disc can be severe, you deserve compensation. With the help of a skilled personal injury lawyer, you have a good chance of proving liability and winning the money you need to recover.
Reach Out To an Experienced Personal Injury Lawyer Serving Palm Beach Gardens
A herniated disc injury can be an extremely painful and traumatic experience. If someone else’s negligence caused your injury, you may be entitled to compensation. You deserve to recover physically, emotionally, and financially. The knowledgeable, caring attorneys at Frankl Kominsky Injury Lawyers can help you pursue the maximum compensation in a herniated disc injury claim.
Our experienced Palm Beach Gardens – personal injury lawyers have handled many spinal injury cases over the years. We understand how a herniated disc can impact a person’s life and livelihood. We will fully investigate your case, determine who is at fault, and fight aggressively to get you the compensation you deserve.
Call us today at (561) 800-8000 for a free case evaluation. There are no upfront fees, and we only get paid if we win your case. Put our decades of experience to work for you. Your health and future are too important to delay.