Bulging Disc Compensation

Article Updated: January 23, 2022

Bulging Disc Compensation

A bulging disc is a common result of car accidents or work-related injuries.

The result of a bulging disc is back pain, limited mobility and reduction in the ability to participate in normal daily activities.

Unlike some other spinal injury verdicts and settlements, bulging disc compensation faces an uphill battle because insurance companies state it is not a serious ailment.

Bulging discs happen when the inner part of the spinal disc protrudes and places pressure on the nerve roots causing pain that can travel up the back and into the arms as well as the legs.

This pain is serious and despite what some may say, a bulging disc is a serious condition that can result in months of treatment, the need for surgery, and lifelong pain.

In this article you will find answers to questions such as:

♦  Can I get a bulging disc from a car accident?

♦ Can whiplash cause a bulging disc in the neck?

♦  What are average bulging disc compensations?

♦  How much is a bulging disc injury worth when you needed surgery?

♦  Can I sue if I developed a bulging disc in my neck after a car accident?

If you believe you suffered a bulging disc injury, this article will help you better understand your condition and what you should do right now to maximize your legal recovery.

Keep reading to maximize your bulging disc compensation value.

Bulging Disc Medical Topics

A bulging disc has a variety of symptoms and varying recovery times and treatment options.

The first thing you need to know about a bulging disc is that it is a specific condition and can be easy to confuse with other back conditions.

Back pain affects 60-80% of people in their lifetime but not all back pain means the same thing, which is why you should see a medical practioner if you have back pain after an accident.

It is easy to confuse a bulging disc with more benign back conditions.

Even all bulging discs are not the same as the location of the injured disc on the spine, and the size of the bulge can all impact what symptoms you will deal with and what level of pain you will have.

A bulge that presses directly on a nerve  can cause pain, numbing and weakness in whatever part of the body that nerve connects to.

Bulging disc compensation values depend highly on location, size and symptoms of your bulging disc.

What is a Bulging Disc?

The bones that make up the spine are called vertebrae and each one of these bones has a round pillow-like cushion called a disc that protects the bones.

These discs are located between the bones and act as shock absorbers and prevent impact between the bones.

A bulging disc is one where the disc in some part has pushed out of its normal area and goes into the spinal canal.

This is not normal and the spine was not designed to have this bulge present where it pushes out.

Because of this lack of available room for the bulging disc, it pushes against nerves in the spine causing pain.

This pain can be numbing, dull, or sharp and severe.

Bulging discs can happen in any portion of the spine from the neck all the way down to the lower spine.

What Causes A Bulging Disc

Bulging discs can be caused by a number of activities, events or factors.

Something as simple as one bad exercise or excessive strain cab cause a disc to bulge out of its normal position.

Older age can also cause this to happen naturally because the ligaments that hold the spine together and the discs in place begin to degenerate and weaken over time.

There are also people who are more prone to a bulging disc because of pre-existing health conditions or because of a family history of such conditions.

A fall, or a car accident or work accident that leads to a workers’ compensation claim can also cause the sharp twist, pressure or movement that can push a disc out of place and cause there to be a bulge developed.

Any movement that places intense pressure on the spine or moves it in an abnormal manner can cause damage to the spine and hurt a normal disc in the back.

Testing & Diagnosis

Getting tested for a bulging disc is not only important for your treatment and recovery but also for your bulging disc compensation.

The most common form of testing for a bulging disc is an MRI

MRIs are often used post-whiplash to look for injury to the spine, however, a traditional MRI often fails to spot issues like a bulging disc.

Researchers testing a new advanced functional cervical MRI machine found 2 cases of previously missed bulging disc injuries with the more advanced testing system.

It is important to make sure that after a whiplash injury you make sure to get tested as thoroughly as possible as bulging disc injuries are often missed with simple clinical observations.

Because of this, you should make sure you ensure that all possible methods are used to identify your bulging disc.

An X-ray can be used with an MRI as well as a CT-Scans to ensure you are exhausting all avenues in identifying a bulging disc.

Additional tests like a myelogram, which takes an X-ray of the spinal canal after an injection is put into the surrounding spinal fluid region, can help look for bulging discs.

Electromyogram and Nerve Conduction Studies (EMG/NCS) can also help to identify nerve damage that is ongoing or even nerve damage that is starting to heal.

Bulging Disc Treatment & Recovery

There is often a concern as to whether or not a bulging disc is a permanent injury or not.  In many cases, bulging discs can be treated with surgery and with that comes less pain overall.

Researchers have found that 85%-95% of those who get laminectomy surgery find significant relief from their painful condition.

The reason that the permanence of the injury is important for bulging disc compensation values is that these injuries are often downplayed by insurance companies as being not serious or short-term injuries.

This is not actually the case though as surgery is often required post-injury.

Often times surgery is used in bulging disc cases only after other non-surgical avenues for pain relief have been fully exhausted.

While surgery is a last-resort for a bulging disc injury, surgery has been shown to be significantly faster as a form of pain relief compared to non-surgical therapy options.  The effectiveness of surgery in relieving pain should not be seen as a permanent solution to the pain because the effects of surgery have been found to fade after a year in many cases.

This is particularly true for those who have considerable inflammation as they recover less satisfactorily in follow-up surgery.

Surgery is also not a simple process as it too can mean months of recovery rime to return to even light activities.  A minor surgical procedure for a bulging disc can mean as little as a few days to 1-2 months of recovery time.

A more serious bulging disc surgery that also requires spinal fusion can mean as much as 4 or more months of recovery time.

Surgeries like laminectomy, ACDF and arthroplasty are frequently used in cases of bulging disc injuries.  Surgery options for a bulging disc that is not responding to non-surgical methods of pain relief include:

♦ Laminectomy

♦ Laminotomy

♦ Lumbar Fusion

♦ Radiofrequency Ablation

♦ Disc Replacement

♦ Arthroplasty

♦ Anterior Cervical Disc Fusion

Recovery time depends on which surgery option you take, and the severity and number of bulging discs that you have.

Because of this, recovery can take as long as a year with the combination of surgery and physical therapy.

It is important to remember that in many cases of bulging discs, surgery and physical therapy do not eliminate the pain of your bulging disc, they only help to reduce it or manage it so that it is not debilitating pain. Return to Table of Contents.

Bulging Disc From Car Accident

A bulging disc happens frequently in a car accident because of the trauma of the impact on the cervical spine region.

The force of a crash can move the spine in an erratic manner to the point that a bulge can develop due to a rupture in the spinal disc.

Every year anywhere between 1.6 million to 3.5 million people in the US will suffer disc damage in the spine and a large number of these are related to car accidents.

Whiplash for example is a common rear-end collision injury that can cause discs in the spinal column to get damaged and bulge.

Yes. A bulging disc is a very common injury from a car accident.  The impact force of a typical car accident can cause an already bulging disc to aggravate an existing building disc condition.

A bulging disc from a car accident is not like a bulging disc caused by other causes.

A common cause for a bulging disc is older age, and in these cases, an individual has a hard time pinpointing when they developed a bulging disc to start with.

A car accident related bulging disc on the other hand can be better pinpointed as you will being to feel the symptoms in as a sudden onset of numbness, tingling and pain that develops out of nowhere.

Car accidents can not just cause a new bulging disc to develop, they can activate asymptomatic dormant bulging discs.

Not all bulging discs cause immediate pain.  Some of these injuries bulge or push out in a way that does not push on nerves, leaving it to be dormant and silent.

When you are in a car accident the trauma and impact can cause this dormant disc condition to become symptomatic by pushing it out further, or directly into a nerve causing pain.

Bulging discs from a car accident are not only possible, they are common. Return to Table of Contents.

Bulging Disc In Neck After Car Accident

A bulging disc in the neck after a car accident is one of the most common injuries that can happen to you after a vehicle accident.

Like all other bulging discs, a neck bulging disc happens when there is trauma to the cervical segment of the spine.

Car accidents have the high impact trauma that ensures that damage to the neck can take place.

A bulging disc in the neck after a car accident has specific symptoms that you should look out for.

If you have any of the following symptoms after a car accident there is a chance that you may have a bulging disc in the neck:

♦ Restricted range of motion

♦ Weakness or numbness in the arms and/or the fingers

♦ Neck pain

♦ Shoulder pain

♦ Pain in the arms

♦ Chest Pain

♦ Whiplash

A car accident can cause a bulging disc in the neck and you can sue for economic damages, pain and suffering and lost wages in a case like this. Return to Table of Contents.

Can Whiplash Cause A Bulging Disc In The Neck?

There should be no confusion as to whether or not whiplash can cause a bulging disc in the neck because it absolutely can.

Whiplash injuries generally can affect the neck and the back of the head.  The damage can happen to all segments of this region including muscles and ligaments that hold the neck together.

It is common to suffer an injury to the neck in an accident because of the fragile nature of the soft tissue and tendons that support the cervical region of the spine.

Whiplash occurs when the neck is pushed back and forth or side to side in a jerking fashion beyond its normal range of motion.

When this happens, the whiplash causes damage to the spinal column and the discs in the spine which can result in herniation of bulging of the discs.

When whiplash results in bulging discs in the neck and upper cervical region of the spine it causes neck pain and intense limitation in the range of motion that an individual has.

Despite the pain associated with whiplash related bulging discs, these causes often settle for lower amounts ranging between $5,000-$25,000 on average. Return to Table of Contents.

Diagnosing A Car Accident Bulging Disc

Have you suffered a car accident?

A work injury?

Are you not sure if you have a bulging disc?

There are a few symptoms that you can look for and tests that can let you know for sure if you have this injury.

If you have suffered any kind of accident and now sense tingling, numbness, weakness or pain in your chest, arms, shoulders, neck or your fingers, there is a chance you have a bulging disc.

A bulging disc, depending on which disc has been damaged, can also impact pain in your lower back, legs and your feet.

This pain is happening because the segment of the disc that is bulging is pushing against your nerves causing the nerve to send signals to whichever body part it is connected to.

Common indications of a bulging disc linked to different parts of the spine are:

♦ Cervical Segment Of The Spine: Pain, numbness or tingling in the shoulders, neck, arms, fingers or hands.

♦ Lumbar Region Of The Spine: Pain felt in the buttocks, thighs, feet or lower spine

In more severe cases of bulging discs you may even find it difficult to walk, hold things or life things.

If you sense any of the following you should seek out medical attention. Return to Table of Contents.

Thus, although the information below can help you get an idea of how other people settled their bulging disc cases, you have to share your combination of facts to a lawyer to get analysis of what that combination of facts, in conjunction with a bulging disc, means in terms of your potential bulging disc settlement value. [anchorLink id="toc"] Return to Table of Contents.

What Impacts Bulging Disc Compensation?

Dozens of variables can have an impact on a car-accident related injury and a bulging disc settlement.  Some variables have a bigger impact than others on a bulging disc case:

♦ Was surgery needed?

♦ Do you have diagnostic evidence of your injury?

♦ What treatments were used and how long did treatment last?

♦ What impact did the injury have on your life?

The more treatment you need, the longer your recovery time, and whether or not you needed surgery are all impactful variables on a bulging disc case.

One of the major impacts on your bulging disc settlement value will be how long you need to heal and get back to normal.

It also matters how close to normal you are able to get.

Not all bulging discs are the same.  Some bulging discs push out in an area of the spine that does not place pressure on the nerves.

In cases like this, you will recover faster, and may not need surgery or any invasive treatments.  Even less serious cases of a bulging disc can cause you to miss up to a month and a half of work and normal activities waiting to heal naturally.

More serious bulging discs will require surgery because the bulge is pushing on nerves in a way that causes excruciating pain.

In cases like this surgery become inevitable.

With surgery and physical therapy your recovery time can go up to 4 or more months.

Another major factor in determining your bulging disc compensation will be whether or not you have diagnostic findings of your bulge.

CT-Scan imaging, MRIs, X-Rays, or any other imaging such as an EMG or NCS finding that can show you have a bulge will be of great help to your bulging disc settlement value.

These act as objective pieces of evidence of your injury and the extent of your injury.

Your medical records can also be of great help because they can show a definitive start date of new symptoms that you did not previously have.

If you had no back, shoulder or neck pain before your accident but started to have them after it, you also have a stronger case to show correlation between your accident and symptoms. Return to Table of Contents.

Bulging Disc Settlement Averages

One thing you should know about how much a settlement would be for a bulging disc, it is that the ranges can vary vastly.

In personal injury cases for just a bulging disc the range can generally start as low as $10,000 and go up to $40,000 on average.

A bulging disc in the neck from a whiplash accident can settle on average for less than this as whiplash is not seen as serious as a bulging disc cases in the lumbar region of the spine.

Averages go up the more variables work in your favor.

Case Study

For example, a 46 year old woman was hit while crossing an intersection.  The impact totally destroyed her car and she went to the hospital with shoulder, neck and back pain.

An intense regime of medication and four‐plus months of physical therapy brought no improvement in her neck and shoulder pain.

Additional sessions of treatment were needed for to bring about only 50% relief of pain for her.

Even 2 months later after continuous therapy multiple times a week, pain was still not gone and the patient needed lifelong therapy to maintain control over her pain.

Cases like this increase the average payout towards the higher amount and include both recouping of the medical costs and pain and suffering as the injury’s impact is seen as permanent.

No calculator with absolute values exist for bulging disc averages, and even when you find similarities in your case and another, things like plaintiff credibility can impact your settlement.

Averages on the higher end are usually caused by more serious accidents that do more overall damage and require longer and more invasive treatment.

If your pain is seen as being permanent, then you also have a much higher chance of a bigger payout because of the permanence of your in jury. Return to Table of Contents.

[anchorLink id="toc"] Return to Table of Contents.

Bulging disc settlements in California

Like with Maryland cases, bulging disc settlement values can vary and there is no specific average settlement.

Verdicts and settlements can range a great deal from case to case and nothing is more important in a California bulging disc case than showing evidence that is in line with the California Evidence Code.

Bulging disc cases can therefore settle for anywhere from $40,000 on the lower end and in the hundreds of thousands on the upper end.

National averages for a bulging disc are around $140,000 but in California these averages to closer to $300,000 for this injury.

California like most other states require an experiences and competent attorney with experience with bulging disc cases because insurance companies will try and lowball a bulging disc case stating it is not as serious as a herniated disc case.

In California cases, and in all other states, an attorney with experience on the science of bulging discs and access to experts on bulging disc injuries improves your chance of getting a higher settlement.

“A bulging disc settlement in California of over half a million dollars was awarded after a pickup truck hit a 32-year old male driver”

$525,000.00 (California) A settlement of  $525,000 was awarded when a pickup truck slammed into the wide of the plaintiff’s car causing a bulge in the lumbar region of the spine.  The plaintiff initially underwent physical therapy as well as steroid injections before needing a lumbar laminectomy.  The negligence of the pickup driver as well as the permanent nature of the plaintiff’s injuries helped to ensure a high settlement value in this case.

“After a car accident that required surgery and months of physical therapy, a bulging disc settlement was awarded to a plaintiff that was hit at a stop sign”

$329,500.00 (California) A 38-year old male driver was hit when the defendant failed to stop at his stop sign.  The result of the accident was a bulging disc at L2-L3 which required months of physical therapy, steroid injections and eventually two surgeries.  Even after the surgery the plaintiff suffered constant pain and was not able to return to normal daily functions.  The defendant claimed that the injuries were due to pre-existing conditions and attempted to limit any payment that the plaintiff would receive.  Ultimately the case settled for $329,500 out of court.

“Over $79,000 was given in a bulging disc lawsuit settlement after a driver was hit by a car attempting to make a left turn”

$79,800.00 (California) A 38-year-old female driver suffered a bulging disc at L5-S1 as well as strains on her thoracic, lumbar and cervical spinal regions. The injury was suffered after the defendant’s car crossed through the plaintiff’s lane as the former attempted to make a left turn.  The defendant denied liability and stated that the plaintiff was driving at an excess speed and failed to take evasive action to avoid the accident.  The case settled ultimately out of court with the plaintiff being awarded over $79,000.

Bulging disc settlements in Los Angeles

Bulging disc settlement values in Los Angeles have at times topped well over $1 million dollars.

The same factors that impact bulging disc settlements nationwide and in California overall also impact Los Angeles cases.

One factor that is important in a California case was whether or not your own actions could have contributed to the accident.  When this is present, cases often settle for less.

“Bulging disc settlements in Los Angeles came in at almost $300,000 after a 34-year old male struck from behind while stopped at a traffic light”

$265,000.00 (California) A plaintiff suffered pain in his neck and shoulders after suffering a bulging disc at C5-C6.  The injury came as a result of being hit from behind by a car with 3 young men in it who were driving at a reckless speed and were not able to stop in time to avoid the accident. It was found later that the men who had hit the plaintiff’s car had been intoxicated at the time of the accident.  The case settled out of court after the plaintiff’s insurance accepted the settlement request, after initially attempting deny the culpability of the defendants.

“A 40-year old plaintiff claiming neck and back injuries after an accident was given a bulging disc settlement after he needed surgery”

$95,500.00 (California) After being rear-ended, a 40-year old plaintiff suffered a bulging disc at T2-T3 as well as bulging discs at C5-C6.  The accident was caused after the defendant swerved to avoid another car and lost control of his car.  This caused him to slam into the back of a limousine that the plaintiff was driving at the time.  The car that the defendant had served to avoid, that he claimed had cut him off, was never identified and had not stopped at the time of the accident. The plaintiff needed lumbar interbody disk fusion and months of physical therapy to help control his pain and to help regain some level of his mobility.

“34-Year old plaintiff was awarded a bulging disc lawsuit settlement after a car refused to yield right of way to traffic”

$47,329.00 (California) After being hit by a car that did not yield right of way in traffic, the plaintiff suffered a bulging disc and whiplash.  The defendant was coming northbound from a private access road and attempted to cross the main street when the plaintiff’s car went under the defendant’s semi-truck, tearing off the roof of the car.  Both drivers stated that they did not see each other in time to stop and avoid the accident.

Return to Table of Contents.

Pre-existing conditions in particular can be a problem in bulging disc cases because co-morbidity issues like obesity can affect settlement values as can being of an advanced age.

Age especially can impact your settlement because it is believed that age naturally degrades the spinal region and makes bulging discs possible with little impact.

Dormant or asymptomatic bulging discs are also attributed to the natural weakening of the spine during aging and insurance companies can try and argue that your bulging disc is not related to your accident at all but was a pre-existing condition. [anchorLink id="toc"] Return to Table of Contents.

Bulging Disc Settlements Lower Than Herniated Disc Cases

Bulging disc settlements are often lower than other back injuries because they are not seen as a permanent or debilitating injury.

A herniated disc for example can often settle for hundreds of thousands of dollars because it is seen as a more serious injury with more lifelong problems that come along with it.

When a case is seen as non-permanent one, as bulging discs are in many cases, settlements start at a lower amount.

In whiplash and rear-end cases for example, juries frequently award values as low as only a few hundred or a few thousand dollars because they believe it is not serious enough to warrant a higher payout.

Since many bulging disc cases also are treated without surgery and only with non-surgical, non-invasive processes, they will settle for less than a herniated case or other back injuries that need more invasive treatments.

Bulging disc cases, unlike other back injuries can be treated with a variety of non-surgical methods.

Spinal decompression therapy (SDT) and Core Stabilization Exercise (CSE) for example have had a positive effect on patients with bulging discs in the lumbar region of the spine while cervical regions have responded well to injections and physical therapy.

Even in cases where surgery is needed, the juries find that the results of the surgery are good enough that life is being returned to normal for you and therefore the injury was not permanently damaging.

Common surgeries for bulging discs like a laminectomy are reacted to positively in a high percentage of cases which further complicates your ability to secure a high settlement for your bulging disc injury. Return to Table of Contents.

Pain & Suffering Often Excluded From Bulging Disc Lawsuit Settlements

Pain and suffering are often large parts of a settlement or a verdict for a back injury but in many bulging disc cases they are reduced.

Without some significant disability that comes from the injury the full value of pain and suffering are lessened.

If you do not have some significant disability that comes with your injury, you can still get to the higher end of the pain and suffering payment for other reasons.

This includes needing more treatment post-injury, having more limitations placed on your normal day to day life, inability to take part in the activities you used to take part in or needing a lengthy physical therapy regimen.

A bulging disc injury that does not need any of these, does not need surgery, and does not cause limitations on work and personal life, the injury will be seen as a temporary one and pain and suffering will not be included or can be reduced severely. Return to Table of Contents.

If your bulging disc causes you to have constant pain and limits your movement capabilities it is possible to get disability assistance on a monthly basis.  The extent of any disability payout as well as any settlement or verdict depends on the severity of your bulging disc injury. [anchorLink id="toc"] Return to Table of Contents.

Get Help With Your Bulging Disc Settlement

A bulging disc settlement can quickly go against your best interests, particularly when the insurance company tries to argue that your injury is not serious and that your life is not that badly affected by the injury.

Having a qualified attorney with experience with bulging disc cases can help you maximize your settlement value and ensure that your case and your injury are taken seriously.

A free consultation can help you and you can contact us anytime to discuss your bulging disc settlement.

You can call, email, or message us using the contact form below for a free consultation at anytime.

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