Disc (or disk) herniations are permanent injuries that often require a substantial settlement value, due to the seriousness of the injury. That being said, coming up with a case evaluation is difficult. No one knows what a jury would do with a herniated disk case. However, in our experience as car accident lawyers, we can help you understand a reasonable range of settlement for your Louisiana herniated disc case.
Keep in mind that the higher end of the value is often obtained from a lawyer trying to get the most for your case. A ‘settlement mill‘ may try to settle your disk case for a fraction of its true value, according to recent reports. The InjuredGo.com Personal Injury Law Firm fights for the maximum value for its clients. We do not settle for a (low) ‘quick check.’
The Herniated Disc Pain and Suffering Formula
Medical Bills x 3 = Your Pain and Suffering
Many insurance company adjusters use this formula (Your Medical Bills x 3 = Your Pain and Suffering Damages) for your Louisiana herniated disc case. In reality, it is not a realistic way to value your disk case. If you have a disc herniation, you may need surgery which may cost $150,000. If so, it is likely that a jury may award you upwards of $500,000 in pain and suffering. This is far from the ‘3 x medical bills’ formula. Likewise, if your disc herniation does not need an operation, yet you only have $30,000 in medical bills, you may be looking at a lifetime of pain and suffering. If so, it is reasonable that a jury would award you more than $90,000 in pain and suffering.
What The InjuredGo.com Team Will Do
An effective way to help settle a claim is to bring a blank jury verdict form to mediation. We then ask the Defense attorney to fill out the verdict form. They are forced to face reality and the reality that we are willing to go to trial if necessary. Juries do not use a mathematical damages formula. Juries consider each case differently and base their decision off the facts. A Louisiana herniated disc case is based on verdicts in Louisiana so that it may vary from other jurisdictions.
Louisiana Herniated Disc Averages
Louisiana verdicts in disc herniation car wreck lawsuits average around $350,000, with no fault of the plaintiff. This number may sound good, but note that the median jury verdict for a disc herniation case is approximately only $75,000. Therefore, only a few herniated disc injury cases are getting very high jury verdicts, but the majority are under $100,000. A small amount of disc herniation jury verdicts are above $1 million.
How much is your herniated disc case worth to you? A ‘quick check’ or a hard-fought complete recovery?
Bulging Disc Values Versus Herniated Disc Values
A professional medical expert – a radiologist – sees a bulging disc as very different than a herniated disc. Technically speaking, a herniated disc means that the outside of the disk (the annulus) is cracked. Therefore, the inner part of the disc (the nucleus pulposus) is allowed to leak out of the disc. A bulging disc is a portion of the disk that extends beyond the spinal column vertebral bones. The difference is that herniated discs are usually associated with trauma, like a car accident, while bulging disks are often associated with aging.
Herniated discs are more likely to cause pain than a bulging disc.
Therefore, the average bulging disk verdict is around $75,000-$125,000, with a median of only $30,000. This means that courts award more for disc herniation injuries much more than bulging disc injuries.
Settlements for Herniated Disc Injuries
The average settlement figure for disk herniation case is more difficult to determine. This is because most settlements are confidential. The data is not readily available. Also, some ‘settlement mill’ firms may skew the results for settling quickly, but also for a relatively low amount.
A verdict or settlement for a bulging or herniated disc should include past and future:
- Medical Expenses
- Loss of Wages
- Loss of Consortium
- Pain and Suffering
- Other Damages
Attorneys who regularly handle herniated disc cases, if liability is not an issue, see that most cases with surgeries settle above $150,000. Some even resolve north of $750,000. Many herniated disc settlements where the plaintiff did not have surgery settle for far less. Another major consideration is the amount of insurance that covers the injury. Also, depending up the insured status of the injured party, the Louisiana “No-pay, no-play” law may limit recovery as well.
In short, herniated disc claims can resolve for over $1,000,000 or as low as $1,000; it all depends on the facts and the plaintiff’s medical treatment.
The InjuredGo.com Law Firm offers free consultations. Contact us today!