The potential settlement value of back injuries in tort cases is highly dependent on the type and level of treatment that the plaintiff undergoes. For example, a herniated disc workers' comp settlement amount or workers' comp bulging disc settlement may be much higher than a lumbar strain workers' comp settlement. arthritis of the lower back or spinal stenosis. The trauma from the crash led to the plaintiff having herniations in C4-C5. Return to Table of Contents. $199,400.00 (California) While going through a green light at a large intersection a 67-year old female was hit on their passenger side by a car that had run through a red light. 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. In extremely serious cases, it is possible to recoup far more than twice this amount. [Updated 2021 Jul 12]. 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. Consequently, victims may lack the strength to keep stable, and they may stumble or have limited ability to hold items or lift objects. The largest settlement we have obtained in a primary injury herniiated disc injury case has been a $1.35 million payment. L4 and L5 herniated disc settlements can average over $100,000 when the injury is shown to be permanent. C6-C7 are the most commonly herniated discs that end up causing symptoms in people who have had car accidents. However, if the herniated disc is in your neck, you may feel pain in your arm and shoulders, or this pain may shoot into your leg or arm when you move into certain positions, sneeze, or cough. The case ultimately settled after the medical history and evidence showed the extent and severity of the injury. The MRI review has no value and will not be billed. This exercise works because it involves movement of the lower back which encourages blood to flow to the injured area so healing can occur. 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. Different insurance companies have different measures, norms and histories when it comes to settling herniated disc cases. See Normally, these gaps are absolutely fine they provide enough space for the nerve to glide and slide within them. However, some common factors come into play in determining the value of a herniated disc case, as discussed further below. This is a great exercise for a herniated disc or a pinched nerve. +For more information, visit usaspinecare.com/surgeons. The injury was caused after the plaintiff was hit by an uninsured vehicle that was speeding through a 4-way stop sign and failed to come to a complete stop in time. Over time, the discs in the spine can suffer normal wear and tear that occurs from repetitive movements throughout our lives. These examples shows that there is no one size fits all surgery option and your specific case will need its own unique combination of treatments, both surgical and non-surgical. By gently encouraging a slow, controlled rotation of the lower back, the muscles in your lower back will realise that it is OK to relax a little. Have you found anything that helps? 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. Herniated Disc Treatment: Are Over-the-counter Medications Effective? Because different variables can lead to different results in your individual case, the amounts shown in the cases below are to show possible amounts. These are called L1 to L5. The plaintiff was hit in the rear of her car which caused her to suffer damage to C3-C7 in her cervical spine. This impingement typically produces neck and radiating arm pain or . $378,000.00 (California) a protruding disc settlement in California for nearly $400,000 was paid after a drunk driver went through a traffic light and sideswiped the plaintiffs car. Aghaie, H. N., Safdari, H., Komlakh, K., & Safdari, F. Comparison of Laminectomy with Laminotomy in Surgical Treatment of Lumbar Intervertebral Disk Herniation with Radiographic Canal Stenosis. Clinical neurology and neurosurgery,184, 105408. However, try both sides and see which one is most comfortable for you stick with that one. As a result of the crash, she sustained a herniated disc to the C6-C7 level, which caused a pinched nerve at C7. Gently try to lean back. $100,000.00 (Louisiana) While stopped at an intersection a female driver who was waiting to turn right into a local highway was rear-ended. A herniated disc injury might occur because of the pre-existing past medical spinal condition, pre-existing injuries, or age-related reasons. A diagnosis and a final determination of whether you may benefit from treatment at USA Spine Care can only be made after you have been physically examined by our medical professionals at USA Spine Care. RECENT DEVELOPMENTS IN INSURANCE COVERAGE. The injuries led to the plaintiff missing months of work and needing physical therapy as well. A pinched nerve occurs when something within the body touches a nerve and affected the way it functions. Disc pain tends to be most common in the lower back, where most of the movement and weight-bearing in the spine occurs. Body Weakness: Muscles served by the affected nerves tend to weaken following a herniated disc injury. The severity of the herniated disc injury and the expenses and impacts you have incurred as a result of it. Although the discs are much stronger than a donut, it might help to imagine the design of the discs like ajam donut made up of tough outer layers filled with fluid. Your sacrum is the funny shaped bone that joins the right and left parts of your pelvis together. Some commonly used terms include: A herniated disc occurs when inflammatory proteins from a disc's inner core leak out. 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. Instead, you can focus on your healing and recovery while these lawyers fight for the settlement you deserve. The discs in the neck are also referred to as the cervical spine. This leaves the insurance company less room to argue that your age or a preexisting condition caused or contributed to your herniated disc. Diskectomy works best for treating pain that travels down the arms or legs from a compressed nerve. Herniated disc settlement is awarded for 24-year old driver who was sideswiped while going through an intersection. To understand this better, lets talk a bit about the anatomy of the spine. Herniated disc settlement in California is given to a plaintiff after they were rear-ended at a stop-sign. They may also have radiating numbness. It is important to note in your medical records whether or not you had any prior neck pain or injuries before the accident because if you did not, your settlement chances are better. Herniation in multiple discs means that you will suffer pain in multiple parts of the body as opposed to just one or two parts of the body. While there is no way to tell exactly how much money you can get in a herniated disc accident settlement, you deserve to recover every dollar you deserve for this kind of injury. A herniated disk may irritate or compress a nearby spinal nerve root. Before we go any further, check out this video here where I explain the difference between a bulging disc and a herniated disc: The symptoms of a pinched nerve in the lower back include the following: The most important thing to understand when it comes to pinched nerve and exercise is that everyone is different; a suitable exercise regime for one person with a herniated disc will be different for another with the same problem. The C6 Nervealso leaves pain, weakness and numbness in the following regions of the body: 39-year old male suffers herniated discs at C5 and C6 and is left with permanent damage to the arms. Despite many different treatments that are offered, researchers have stated that neitherlittle evidence to suggestseem effective for people who have disc herniation. Their symptoms are often similar. If you have a herniated disc that is causing a pinched nerve it can have a severe effect on your life. This insurance company is not known for going much higher than this unless they are pushed and they will attempt to drag cases out and ensure that they pay out the least amount possible for injuries you sustain. A pinched nerve in the cervical (upper) spine can cause these symptoms in the head, neck, shoulders, arms or hands. We call these levels S1-S4. Arguello, D., Ward, J. J., Chotvacs, C. W., Reichlyn, J. C., Giometti, G. R., Seibel, T. R., & Yetka, C. (2019). If this exercise has worked for you, you may feel rapid relief in the painful leg and possibly slightly worsening back pain rest assured this is a normal phenomenon. $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. Call,email, or message us using the contact form below for a free consultation at now. If the herniated disc is not pressing on a nerve, the patient may experience a low backache or no pain at all. On the other hand, if you had herniation surgery for $100,000 that effectively healed you and you no longer have any pain, the chances of getting $300,000 pain and suffering ($100,000 x3) are very low. What are the Symptoms of a Herniated Disc? A settlement for a 2 herniated disc in the neck similar to the 3-herniated disc settlement can also be higher than a single herniation because of the additional pain that it brings to you. Please see full terms of use here. Never put into action any tips or techniques from Overcome Sciatica without checking with your doctor first. $975,750.00 (California) a 36-year old female driver was hit while going through an intersection causing her car to then slam into a guard rail. Feinman, J. M. (2010). 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. The reason for this is that the accident or trauma that caused the herniation and left you with symptoms can be better zeroed in on. Yet, regardless of the cause, if you believe someone elses negligent actions led to your herniated disc, it is important to speak with a knowledgeable herniated disc accident attorney as soon as possible. There are many possible injuries that can cause pain in your spine, including herniated discs in the spine. The harsh reality is that bulging/protruding disc cases recover a lot less statistically than a herniated disc case. Plaintiff denied liability and argued that the plaintiffs injuries were caused by a non-party individual and not the uninsured plaintiff. Be sure to get an assessment from a medical professional before engaging with any of the following exercises to check your own personal suitability. This article is a good starting point to learn about herniated discs, settlement averages that many others have had and what steps you should take next. Your settlement can be considerably lower or higher than these averages depending on your specific injuries and the competence of your legal counsel. 1999-2023 Veritas Health, LLC. These vertebrae start in the lowest part of your back and run all the way to the top of your neck. Yes, herniated disc settlements in California are similar to the national averages which for more serious herniated cases often come in over $100,000 with many cases settling for over $200,000. The settlement was paid to cover medical expenses both past and future expenses as well as lost wages. You may have heard that in a car accident the formula used for pain and suffering is generally your medical bills x3. Penguin. 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. The defendant was not driving at a safe speed and was not able to stop in time due to their negligence in driving in a safe manner. 3-herniated disc settlement awarded after a vehicle rammed into the car in front of them at an intersection. Obtain Long Term Pain Relief. If you have pain in one leg only from a disc bulge or herniation, try this exercise. Herniated disc in the back settlements can include more than just the cervical spine, they can also include the lumbar spine as well. Only go as far as is comfortable, then return to the start position. The force of the accident caused herniated discs in the cervical spine at C4-C6 as well as L3 and L4. Gently lower yourself to the starting position and repeat up to a maximum of 10 times. It is important to note that herniated disc surgeries can in fact be dangerous and have many complications and many require follow up surgeries within just 3 months of their initial surgery. If your physician has advised you to undergo an operation for a herniated disc and pinched nerve, consider a minimally invasive spine surgery at USA Spine Care. For example, if the victim was stopped behind a delivery truck, and the operator suddenly backed up. She was awarded both for past medical as well as future medical expenses. 52-Year old driver awarded a settlement for multiple herniated discs after suffering injuries to both the cervical and the lumbar spine. For example, if you had $30,000 in medical bills but are left with a lifelong injury that leaves you in constant pain, you are more likely to get a pain and suffering that is more than what this formula states ($30,0003= $90,000). Testimonials and endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. For example, if we are talking about the disc between L1 and L2, we would call it disc L1/L2. The plaintiff suffered herniations at 3 vertebrae: C5, C6 and C7. Leg or Arm Pain: If the herniated disc is in the lower back, you can feel pain in your thigh, calf, or buttocks. The uninsured car attempted to flee the scene of the accident. By talking to you, they hope to recover information that can help them deny or reduce your claim, and they may also attempt to persuade you into settling for much less than you deserve. This can be caused by factors like age, injury or weight and is not necessarily a painful condition. The accident left the plaintiff with an injured shoulder as well as a herniated disc at L5 that left her with constant back pain and required surgery and months of physical therapy. A herniated disc and degenerative disc disease typically occur in the cervical spine (neck) and lumbar spine (lower back). The plaintiff required bed rest and physical therapy and missed out on months of work and wages in addition to incurring high medical fees for treatment for her resultant pain from the accident. $235,500.00 (California) Plaintiff was struck from the side while going through a green traffic light. She suffered herniations at C6 and C7as well as spinal strain. A car accident is one of the more common reasons that a person ends up with one or more herniated discs in their back. It is also a great way to begin to regain any lost rotation in the lower back following a herniated disc. To understand the difference between a herniated disc and a pinched nerve, we first need to understand what a herniated disc is. This pinched nerve exercise is great for relieving any tension in tight muscles in the lower back, which are a common symptom of a pinched nerve. The national average verdict for a herniated disc injury case is approximately $360,000, while the median settlement amount is close to $65,000. Your email address will not be published. $120,000.00 (New Jersey) A 67-year old female driver was awarded $20,000 in her 2 herniated disc settlement. However, they can occasionally be effective. Claiming all you deserve requires understanding the evidence you need and the laws that dictate how much you can recover. A 3 herniated disc settlement was agreed on after a car accident left a 32-year old male driver with injuries in multiple vertebrae in the cervical spine. For bulging/protruding discs, the average jury award nationally is $140,311 ($31,000 median). This condition can disrupt time with family, lead to missed days of work and make it hard to accomplish simple tasks that you used to take for granted like preparing a meal or working in the yard. The impact of the injury led to herniations and sprains at L4 and L5 as well as damage to T6-T7 and T2-T3, whiplash injuries and herniations and strains at C5, C6 and C7. Information on this website is not prescriptive in nature and should not be regarded as medical advice. The four most important factors are: While the specific amount you recover in a herniated disc injury claim may vary widely, as a general matter, victims tend to recover significant amounts. The Recent No-Fault Act Amendments Do Not Prevent Insurers from Obtaining Independent Medical Evaluations for Trial Purposes Performed byNon-MatchingMedical Experts. The passenger of the sedan was left with herniated discs at C3 and C4 as well as L3-L5 which required therapy, surgery and long-term pain management. The spine is made up of 26 vertebrae by the time a person reaches adulthood. When the inner nucleus of the disc breaks out of the annulus and leaks into the spinal canal you have a herniated disc. This nerve then leaves the spine and runs to a limb or other part of the body. Usually, people suffering with a herniated disc causing a pinched nerve find this exercise one of the most useful for improving their symptoms. Instead, they are a business that wants to make money, and by offering you less in a settlement or denying your claim altogether, they can make more money. The insurance company will use what you post online against you. Suffering through a herniated disc injury can be stressful, painful and confusing. State farm takes herniated disc cases seriously and follows stringent rules and norms for medical evaluations to assess whether or not your herniations are serious or not. Spinal manipulation and physical therapy have also been used to deal with lifelong back pain from a disc herniation. Nothing on this website is, or should be taken as, legal advice. By checking the "I Accept" box, I am agreeing to the terms & conditions. Return to Table of Contents. The procedure is less helpful for treating pain that's felt only in the back or neck. Female driver awarded a settlement for two herniated discs after being rear-ended. If it is pressing on a nerve, there may be pain, numbness or weakness in the area of the body to which the nerve travels. The median is a better indicator of what a claimant is likely to recover, as it is nearer to the middle of most of the settlement amounts, while the average is skewed higher given unusually high outlier settlements and court awards. The settlement was awarded for her medical expenses and lost wages as well as her lost future earning capacity. Be sure to choose the direction that is least painful when performing this exercise. Tingling Sensation: Those who suffer a herniated disk may periodically have a tingling sensation in their body parts served by the affected nerves. Like the cervical spine, the lumbar spine is made up of multiple vertebrae that each have control over certain parts of the body. (2009). The most important variables in a herniated disc settlement from car accidents are: How much did you contribute to the accident? Eventually the settlement closed for over $200,000 to cover past medical expenses and future medical expenses. Herniated discs can result from any number of kinds of accidents. Herniated lumbar disc. 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. If it is clear from the evidence that their insured directly caused your herniated disc injury, and that you had no pre-existing condition that could have significantly contributed. Her injuries left her with permanent pain and limited use and mobility in both her legs as well as her right arm. However, herniated discs' average settlement range is about $360,000, with a median range of $65,000. Veritas Health, LLC, 520 Lake Cook Road, Suite 350, Deerfield, IL, 60015. In contrast, the average jury award for herniated or ruptured discs was $413,917 ($60,000 median). Los Angeles resident receives a six-figure herniated disc settlement after needing surgery after their accident. Thus, an insurance company will look for any way to be able to deny your claim or reduce its value. The settlement was paid to cover past medical expenses as well as the chronic permanent pain that the plaintiff was left with. Herniated discs are serious injuries both compared to other back injuries and on their own. Shooting or burning pain, tingling, numbness and muscle weakness can radiate along the length of the affected nerve. 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. This exercise works really well for disc problems and is a mainstay for a treatment approach called McKenzie. Symptoms vary greatly, depending on the position of the herniated disc and the size of the herniation. In this article you will find information about: Which surgeries are used to treat a herniated disc, How your recovery and treatment impact your settlement, Ways that insurance companies try to limit your settlement. Its important to exhaust all non-surgical methods first, as you cant reverse a surgery and the results from surgery are often underwhelming. Symptoms. Huffman, C. C. (2019). Laser Spine Number Institute In: StatPearls [Internet]. Return to Table of Contents. No recovery no fee guarantee includes a promise that if there is no recovery, our law firm will cover the case costs on your behalf. $123,140.00 (California) 29-year old male driver suffers 2 disc herniations at C4 and C5 after being rear-ended while making a right turn into a shopping center. For more information, visit usaspinecare.com/results. 866-DOCS-LSI By contrast, a bulging disc is almost always the result of age-related degenerative changes in the body. A herniated disk happens when some of the center pushes out through a crack in the outer portion of the disk. It leaves the spine near the bottom of the back and runs all the way down the back of the leg into the toes. Lets dive into the difference between a herniated disc and a pinched nerve. Following a herniated disc accident, you are likely to want to know immediately how much compensation you can recover.