There is no average herniated disc settlement in Florida because every person, case, and injury is different. However, the following are some of the factors that will determine the amount of a settlement:
- A victim’s age
- A victim’s medical history
- A victim’s salary
- The nature and prognosis of the herniated disc
- Fault for the injury
- How much pain and suffering you endured
Bulging and herniated discs are typical of the aging process. Our discs tend to dehydrate which stiffens the cartilage that separates our vertebrae. The older we are, the more susceptible vertebrae are to injury. If you suffer a herniated disc in an accident at an older age, you might receive less than a younger person would.
Prior spinal injuries can also affect an injury settlement. If you have a prior back injury, the insurance company might claim that you are attempting to blame your preexisting injury on the accident. If you are able to recover compensation even with a preexisting condition, you will likely only receive partial compensation. Instead of receiving compensation for the injury, you will likely receive compensation for the worsening of the injury.
Most people do not consider this, but your salary affects what you might be entitled to. Consider the following injured parties:
- Party Amakes $150,000 a year. His herniated disc kept him out of work for two months.
- Party B makes $40,000 a year. He also needed to take two months off for his injury.
Party A could recover $25,000 in lost wages, while Party B would be entitled to $6,666.
Symptoms and Prognosis
The more disabling your symptoms, the more you might be entitled to. For example, if your herniated disc keeps you from working and makes sleeping difficult for six months, you will likely recover more than a person who suffers from a moderate disc herniation that resolves itself in a few weeks.
If the doctor determines that your herniated disc will continue to affect you for years, you will be entitled to more than someone who will only suffer symptoms for a few months.
The treatment you need also affects your settlement value. If you only require a week or two off work to rest and painkillers for a few weeks, you might only recover a few thousand dollars. If you require surgery and need to take two months off work, you might be entitled to tens of thousands of dollars.
How Fault Affects a Herniated Disc Settlement
If you contributed to your injury, you will only be able to recover a certain portion of your settlement.
Consider the following: you were involved in a rear-end accident. The driver who rear-ended you was 100 percent at-fault for the accident. However, you did not receive medical treatment for four weeks. This delay in treatment worsened your herniated disc. The investigation found that you were 20 percent at-fault for your injury. You would only be able to recover 80 percent of your settlement (e.g., $8,000 of $10,000).
How Pain and Suffering Affect Settlement Value
Most people only consider the “economic damages” that come with a herniated disc injury. However, you are also entitled to compensation for your noneconomic damages, more specifically your pain and suffering. If your injury lasts longer, you will likely recover more compensation for pain and suffering.
How the Law Offices Anidjar & Levine Can Help
The Law Offices of Anidjar & Levine can help you determine what your herniated disc case might be worth. In addition to estimating value, we will also work with you to mitigate any factors that affect lower your settlement’s worth. We might discuss your case with medical or vocational experts to help establish how your herniated disc has and will continue to affect you.
For a free review of your herniated disc case, call the Law Offices of Anidjar & Levine today at 1-800-747-3733. Your review is confidential and there is no obligation to pursue a claim with us.