If you were recently in a car accident and wondering what the average compensation for a herniated disc is, this article can provide you with a better understanding of what to expect.
Broadly, a herniated disc occurs when the interior of a disc pushes through the outer layer and into the spinal canal.
They can occur in any part of the spine but commonly in the lower back. Herniated discs are especially common after a severe car accident due to the force and impact.
For many reasons, estimating a precise and accurate average settlement for a herniated disc is difficult. However, two reasons stand out: every case is unique with its own facts and circumstances, and most settlements outside of court are kept confidential.
This means those settlements cannot be considered when calculating a payout. However, depending on the severity of the herniated disc, many claims will reach five-, six-, and even seven-figure settlements.
Average Settlement For a Herniated Disc: Factors to Consider
While there is no clear-cut formula for herniated disc settlements, a handful of factors will be crucial in determining the outcome of your claim:
- The severity of the accident itself;
- The severity of your injury;
- Your age and medical history (are there any pre-existing conditions?);
- You present and future medical costs;
- Any lost wages or impact on your ability to earn;
- Any intangible losses you sustain, such as pain and suffering;
- Insurance policy limits;
- Who the defendants are; and
- Applicable state law.
You and your attorney should review these factors in-depth to estimate your anticipated settlement. How you answer each of these factors will directly affect your potential settlement.
For instance, if the car accident is minor and the victim is expected to recover with little medical intervention and not miss much work, their settlement will likely be smaller.
However, if the crash is catastrophic, and the victim’s herniated discs are severe and require surgery, their settlement will likely be significant.
Should your case not settle and proceeds to trial, the judge or jury will utilize these same factors in rendering their award.
What is the Average Payout for Herniated Disc?
While all of these factors will influence the outcome of your settlement, one aspect will significantly impact the outcome—whether your herniated disc requires surgery.
A herniated disc necessitating surgery vs. one without is more likely to settle at a higher amount. There are several reasons why a herniated disc settlement with surgery is expected to be drastically higher:
- The actual cost of the surgery will be factored into the settlement, and any spinal surgery can quickly reach six figures;
- A herniated disc requiring surgery tends to be severe and undoubtedly impacts your life, including your ability to work and participate in daily activities; and
- Those undergoing surgery are more likely to need additional care and therapy in the future.
In addition to a surgery recommendation, a good indicator of what your case may be worth is other types of treatment that are needed.
If a victim needs extensive physical therapy, injections, diagnostic testing, and more, those can quickly add up, influencing the potential settlement payout.
Kansas City, Missouri Herniated Disc Attorneys
Being involved in a severe car accident resulting in a herniated disc can be devastating. You might be facing mounting medical bills and several unknowns for your future.
Let the experienced attorneys at Dempsey Kingsland & Osteen advocate for you and get you the justice and compensation you deserve.
Contact us to schedule an initial consultation.
The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.
Loading...