Article Updated: January 23, 2022
Herniated Disc Settlement
A herniated disc is a serious condition that for many people becomes a permanent injury that causes a lifetime of pain and inconvenience.
Herniated discs can be caused by accidents at work or frequently in car accidents.
Suffering through a herniated disc injury can be stressful, painful and confusing.
If you have had an accident, you may be thinking about your herniated disc settlement outlook but have no idea where to start.
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.
In this article you will find information about:
♦ What a herniated disc is
♦ 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
Continue reading below to learn about herniated disc injuries and what you need to know about herniated disc settlements.
Table of Contents
Herniated Disc Settlement Topics
15 – About the Author
Herniated Disc Medical Topics
Herniated discs are a serious condition and can cause pain in almost any part of your body. The slipping out of a disc can put pressure on any point in your spine.
The spine has nerves that connect the body together and damage to even one vertebrae in the spine can mean damage in unexpected parts of the body.
An injury in your neck or upper back can for example impact pain and numbness in your arms, fingers, toes, buttocks, shoulders and any region that nerves in the affected spine are connected to.
What Is A Herniated Disc?
The spine is made up of 26 vertebrae by the time a person reaches adulthood. Each vertebrae has inside of it a spongy interior or nucleus.
Surrounding this nucleus is disc annulus which protects the core of the disc from the boney segments of the vertebrae.
When the inner nucleus of the disc breaks out of the annulus and leaks into the spinal canal you have a herniated disc.
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.
There are many possible injuries that can cause pain in your spine, including herniated discs in the spine.
Because of this, it is important to see a physician so that they can diagnose your condition and make sure you have a herniated disc and not another back condition.
Is A Herniated Disc Considered A Serious Injury?
Herniated discs are serious injuries both compared to other back injuries and on their own.
A herniated disc means a total rupture of the annulus that protects the nucleus of the disc which often leads to the need for serious surgeries.
These surgeries also come with many risks and complications.
In a study of 34,639 people who had surgery for a herniation, nearly 1,000 people had a surgical complication, and nearly 900 needed to have another surgery within 3 months.
Another 900 people needed to be readmitted to the hospital within 90 days for other complications from their surgery with nearly 2,500 people having some major problem with their herniated disc surgery.
A herniated disc is not only serious because if often needs surgery, but because with or without surgery many are left with serious pain for the rest of their lives that makes day-to-day tasks and activities nearly impossible.
Is A Herniated Disc A Permanent Injury?
One of the reasons that a herniated disc is a serious injury is that it can cause permanent damage.
Without surgery most are left with limitations and serious pain. With surgery this can be reduced, but many even with surgery are not able to recover normal function of their backs without some pain.
There is also little evidence to suggest that drug treatments are effective in treating herniated disc which is why a large number of people resort to surgery or injections to attempt to alleviate pain.
Spinal manipulation and physical therapy have also been used to deal with lifelong back pain from a disc herniation.
Despite many different treatments that are offered, researchers have stated that neither “little evidence to suggest seem effective” for people who have disc herniation.
Additionally, it has been shown that there is insufficient evidence to show that improvement can come from staying active, heating the area, icing the area or using acupuncture or massage.
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. Return to Table of Contents.
Important Herniated Disc Settlement Facts
Herniated discs can come from multiple causes and settlements for a herniated disc will depend on various variables like what caused the injury, what treatment you needed and how long your recovery process has been.
A car accident is one of the more common reasons that a person ends up with one or more herniated discs in their back.
The pressure and impact of an accident can cause the spine to twist and move in unnatural manners and beyond its normal capacity.
When this happens, it leads to injury.
In addition to car accidents, it can be common for many to herniate a disc while lifting heavy items. Improper safety and training at work frequently leads to individuals suffering a herniated disc in this manner.
Some of the things that you need to know about herniated disc settlements are:
♦ A herniated disc settlement will be higher when you require surgery
♦ If your herniated disc and the resultant pain are permanent, this will also impact your settlement value
♦ How many herniations you have can impact a settlement
♦ Recovery time and how your life was impacted, i.e. lost wages, inability to continue your career, will also have a large impact on settlement value
Because different variables can lead to different results in your individual case, the amounts shown in the cases below are to show possible amounts.
A herniated disc can range anywhere from the national average of $60,000 to much higher values that range on the high end from $360,000 to $750,000 and sometimes even higher. Return to Table of Contents.
Herniated Disc From Car Accident Settlement
The average settlement for a herniated disc from a car accident can range vastly based on who was at fault, how many herniations you suffered and whether or not you needed extensive recovery time and treatment.
While some back ailments like a bulging disc can come from aging, a herniated disc is more often brought on by car accidents and other trauma to the back.
Because of this, if you have a herniated disc from car accident your settlement will have a bigger chance of having included large pain and suffering values.
There is also a better chance to argue that the trauma-accident is what caused your condition.
This leaves the insurance company less room to argue that your age or a preexisting condition caused or contributed to your herniated disc.
“A herniated disc settlement for $68,450 was agreed on after a 29-year old driver was hit from behind”
$68,450.00 (New York) While waiting at a stop sign a 29-year old driver was hit from behind causing whiplash as well as a herniated disc in her cervical spinal region. 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. 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.
“36-year old female driver was sideswiped leading to multiple back injuries including a herniated disc in her lumbar region”
$165,000.00 (Virginia) This herniated disc settlement was agreed on after a female driver was sideswiped when the defendant’s car failed to stop at a red light. 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 car failing to stop at a red light rear-ended a 67-year old driver leading to a herniated cervical disc”
$155,000.00 (Maryland) A driver sitting at a red light was hit from behind when the defendant failed to notice the road conditions which led to the inability to stop in time. The trauma from the crash led to the plaintiff having herniations in C4-C5. The injury required multiple surgeries and the plaintiff lost out on wages and was left with chronic pain in their neck and shoulder region which made taking part in normal activities and hobbies difficult.
Average Settlement For Herniated Disc In Car Accidents
Average settlements for herniated discs from car accidents range the same as all herniated disc cases. The most important variables in a herniated disc settlement from car accidents are:
How much did you contribute to the accident?
Are you in a no-fault state?
What kind of surgery was required if any?
The reason that a car accident-related disc herniation can often range higher than other disc herniation cases is that the injury is permanent as the trauma that caused the accident can be intense.
The seriousness of a car accident injury generally adds to your pain and suffering values which can increase your settlement vastly.
You may have heard that in a car accident the formula used for pain and suffering is generally your medical bills x3.
While this sounds like a convenient rule, it is not realistic.
Your specific case will determine the pain and suffering in a car accident related herniated disc case.
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 ($30,000×3= $90,000).
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.
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 best way to get a proper and realistic answer is to call and speak to someone with experience with car accident cases like yours. Return to Table of Contents.
Herniated Disc In Neck Settlement
A herniated disc settlement for a neck injury ranges between $15,000 to well over $200,000.
A neck injury settlement depends on which injury your neck has and a herniated disc is a serious neck injury which can leave you with debilitating pain.
The higher settlement payouts are generally for cases where surgery is needed for your herniated disc.
Also, if multiple discs are herniated, then more serious surgery is likely needed which also means a higher settlement potential.
The discs in the neck are also referred to as the cervical spine.
A herniated disc is most common in the C6-7 vertebrae and these vertebrae being damaged leads to symptoms like radiculopathy.
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.
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.
While C6-7 are common vertebrae in the cervical spine that can cause neck injuries, there are multiple other cervical vertebrae that can get damaged.
Each set of vertebrae in the cervical spine have unique symptoms and areas in which they cause pain that you should be aware of. Return to Table of Contents.
Settlement For Herniated c5 And c6 Disc
A settlement for herniated c5 and c6 discs usually deals with pain that affects neck, shoulder and arm pain.
Specifically, the C5 Nerve impacts:
♦ Neck pain
♦ Shoulder pain
♦ Scapula pain
♦ Lateral arm numbness
♦ Weakness during shoulder abduction and external rotation
♦ Weakness with elbow flexion
♦ Reflexes of the biceps and brachioradialis are affected
The C6 Nerve also leaves pain, weakness and numbness in the following regions of the body:
♦ Lateral arm and forearm
♦ Hand, thumb and index finger
“39-year old male suffers herniated discs at C5 and C6 and is left with permanent damage to the arms”
$1,500,00.00 (Alabama) A driver suffered permanent weakness and limited motion in his arms after he was struck from the rear by an uninsured driver who was driving in an unsafe manner. The herniations at C5-C6 caused additional whole body impairment to 5% of the plaintiff’s body and made him unable to work any longer because of his injuries.Return to Table of Contents.
Settlement For Herniated c6 And c7 Disc
Settlements for herniated c6 and c7 discs are also high when there is permanent damage or if there are multiple injuries to the spine at once.
C6-C7 are the most commonly herniated discs that end up causing symptoms in people who have had car accidents.
The C7 Nerve when herniated causes:
♦ Neck and shoulder pain
♦ Middle and index finger pain
♦ Palm numbness
♦ Weakness of the elbow and wrist
♦ Weakness during radial extension, forearm pronation, and wrist flexion
♦ Affects triceps reflexes
“Plaintiff suffered stiff neck, neck strain and cervicalgia in C3-C7 after being hit in the rear by a car running through a yellow light that was turning red”
$62,900.00 (Connecticut) While the plaintiff was traveling northbound they went through a green light only to be hit by another car that was attempting to speed through a yellow light that had turned red. The plaintiff was hit in the rear of her car which caused her to suffer damage to C3-C7 in her cervical spine. The injury caused her medical expenses and also caused her to lose income as she had to miss work to allow her injuries to heal.Return to Table of Contents.
3 Herniated Discs In Neck Settlement
A settlement for a 3 herniated disc in the neck can be higher than other cases where only one disc was herniated. The extent of damage to the body and the larger level of pain that is caused is one reason for this higher value.
When more discs are herniated, there is the chance for more symptoms and areas of the body that will lose the ability to be used.
An injury at C6 and C7 and C4 all at once can mean a larger percentage of the body will become impaired permanently.
“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”
$251,800.00 (Colorado) Plaintiff was awarded $198,000 for future medical expenses and over $40,000 for lost wages and past medical expenses after their parked car was hit from behind by a driver going at excessive speed. The plaintiff suffered permanent damage and had multiple herniated and bulging discs that required surgery and would need permanent future medical therapy to deal with pain from their injuries.Return to Table of Contents.
2 Herniated Discs In Neck Settlement
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.
A herniated disc settlement is often based on the extent of damage as well as the permanence of the damage that is caused.
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. Return to Table of Contents.
Herniated Disc In Back Settlement
Herniated disc in the back settlements can include more than just the cervical spine, they can also include the lumbar spine as well.
The lumbar spine when damaged with a herniated disc can show symptoms including sensory and motor abnormalities.
Like the cervical spine, the lumbar spine is made up of multiple vertebrae that each have control over certain parts of the body.
Damage in each vertebrae can cause unique nerve pain in the body:
♦ Pain and sensory loss in inguinal (groin) region
♦ Hip flexion weakness
♦ Back pain radiating into the anterior thigh and medial lower leg
♦ Sensory loss to the anterior thigh and medial lower leg
♦ Hip flexion and adduction weakness
♦ Knee extension weakness
♦ Decreased patellar reflex (knee jerk reflex)
L4 & L5 Herniated Disc Settlement
L4 and L5 herniated disc settlements can average over $100,000 when the injury is shown to be permanent.
These vertebrae in the lumbar spine house nerves that control pain signals and movement to the back, buttocks, thighs, and feet as well as knees and hips.
When this nerve is damaged it can make tasks like sitting, standing and walking difficult for many, and depending on the level of damage, impossible for others.
The L5 Nerve controls pain and movement for the following:
♦ Lateral thigh and lateral calf
♦ Dorsum foot and great toe
♦ Webspace between first and second toe
♦ Weakness on hip abduction, knee flexion, foot dorsiflexion
♦ Problems with toe extension and flexion
♦ Foot inversion and eversion
♦ Causes decreased semitendinosus/semimembranosus reflex (thigh muscles)
“Herniated disc settlement for the lumbar region was given to a 47-year old driver after he was rear-ended in a 3 car pileup”
$178,670.00 (Virginia) A driver was involved in a 3-car pileup and was hit from behind causing pain in his back and chest as well as his buttocks and head. The injuries he sustained were at L4-L5 as well as to C5, C6 and C7. The resultant injury made getting out of bed hard for the plaintiff and he could no longer stand for more than 15 minutes at a time. Some of the injuries were perceived to be permanent.
Settlement For Multiple Herniated Discs In Back
“Multiple vehicle collision caused a 52 year old female driver to suffer multiple herniated discs in her lumbar and cervical spine”
$275,400.00 (New York) When two vehicles collided at a high speed it caused a chain reaction that led to the plaintiff’s case being hit from behind and pushed into oncoming traffic. The accident caused her to suffer an aggravation at L4 and L5 as well as cause bulging and herniations at L4, L5, L6 and C6, C6 and C7. Her injuries left her with permanent pain and limited use and mobility in both her legs as well as her right arm. She was awarded both for past medical as well as future medical expenses.
Herniated Disc Surgery Settlement
Herniated disc surgery settlements are always higher than a non-surgery herniated disc injury.
The fact that you need surgery speaks to the reality that no other treatments have worked for you and you will need to place yourself at risk and go through surgery.
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.
Even those who do not need another surgery that fast end up needing one in many cases after only 4-5 years.
For lumbar related herniated disc problems the reoperation rate in a four to five year period was 14% to 17% of patients.
Herniated disc surgery settlement takes this into account, or should if you have an attorney who is able to argue that your case needs future as well as past medical expenses covered.
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 is especially true when the herniation is bad enough to need a serious surgery like a complete discectomy and fusion.
Additionally, even when you get surgery the benefits tend to be moderate at best and tend to decrease over time following surgery.
One study for example showed that 30% of patients complain of back pain again after just one year post-operation.
Complications are also common in a herniated disc surgery and when this happens, there is a high chance of chronic back pain.
This is a minor complication compared with the more severe possible complications which can cause paralysis and death in some patients.
Herniated Disc Surgery Types
There are multiple herniated disc surgery types and each one has its own efficacy rate and safety concerns.
Also, different herniated disc surgery types are used depending on how severe your herniated disc injury is, how many discs are herniated and the location of your herniated disc.
Examples of this are seen in the more invasive nature of laminectomy surgery as it is associated with more instability in the patient.
For patients who have lumbar disk herniation get a laminotomy instead as it can give better results.
Another example can be seen in cases where surgery is done on the L4-L5 region of the spine where there is a high percentage of recurrent disc herniation which means the need for more follow up surgery that is more invasive later on.
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.
The potential complications and the invasive nature of surgery for these injuries is why the settlements are higher compared to herniated disc settlements with no surgery.
♦ Artificial disc surgery
♦ Spinal fusion
♦ Anterior cervical decompression
Surgery, regardless of which one is needed, can be complicated and also dangerous which affects settlement values.
Surgeries also will likely need to be redone later in the future which further impacts settlements because of future medical expenses.
Herniated Disc Settlement No Surgery
Herniated disc settlement with no surgery is going to be lower than a herniated case with surgery.
The reason for this should be obvious as the major reason is that there is in fact less recovery time needed, less invasive treatment being used and a higher chance that you have recovered fully which is why you do not need surgery.
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. Return to Table of Contents.
Multiple Herniated Discs Settlements
“36-Year old female passenger was awarded a multiple herniated discs settlement for $140k”
$140, 968.00 (Alabama) After being hit from the rear the 36-year old female passenger of a pickup truck suffered strain in her cervical spine and was left with herniations in multiple discs including C3, C4, C5 and C6 as well as L5. The defendant in the case denied liability and disputed the nature and extent of the injuries that were suffered and then demanded strict proof of the entire set of claims. The case ultimately settled after the medical history and evidence showed the extent and severity of the injury.
“A $150,000 multiple herniated discs settlement awarded to male driver who was hit from the rear causing several disc herniations”
$150, 800.00 (New York) A male driver suffered herniations at C5-C7 after his vehicle was struck from the back by a nonparty vehicle. The herniations required surgery after months of physical therapy did not provide pain relief to the plaintiff. The defendant eventually settled the case out of court to cover past and future medical expenses as well as lost wages in the recovery period.
“52-Year old driver awarded a settlement for multiple herniated discs after suffering injuries to both the cervical and the lumbar spine”
$235,500.00 (California) Plaintiff was struck from the side while going through a green traffic light. 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. Plaintiff suffered permanent damage as well as aggravation of prior injuries. Surgery was needed in addition to physical therapy, after which there was still chronic pain for the plaintiff. Lost wages and future medical expenses were included in the settlement.Return to Table of Contents.
2 Herniated Disc Settlement
“Female driver awarded a settlement for two herniated discs after being rear-ended”
$25,000.00 (Connecticut) 38-Year old female suffered damage to two vertebrae in her cervical spine at C5 and C6. This damage came after being struck in the rear from a non-party vehicle that was uninsured. The uninsured car attempted to flee the scene of the accident. Plaintiff argued that the defendant was operating the vehicle at an excessive speed and failed to properly look out for road conditions. Plaintiff denied liability and argued that the plaintiff’s injuries were caused by a non-party individual and not the uninsured plaintiff.
“Two herniated disc settlement given to driver who suffered herniations in their cervical spine”
$120,000.00 (New Jersey) A 67-year old female driver was awarded $20,000 in her 2 herniated disc settlement. She suffered herniations at C6 and C7as well as spinal strain. The settlement was awarded for her medical expenses and lost wages as well as her lost future earning capacity. 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.
3 Herniated Discs Settlement
“3-herniated disc settlement awarded after a vehicle rammed into the car in front of them at an intersection”
$148,909.00 (Wisconsin) This 3-herniated disc settlement was awarded when the defendant slammed his car into the back of a vehicle stopped at an intersection. The plaintiff suffered herniations at 3 vertebrae: C5, C6 and C7. The injury left to numbness in the arms, the knees and also resulted in shoulder weakness and elbow pain. The settlement was paid to cover past medical expenses as well as the chronic permanent pain that the plaintiff was left with.
“39-Year old female driver was hit at a red-light from the rear resulting in 3-herniations in her cervical spine”
$196,000.00 (Virginia) A 39-year old female driver was at a ref-light when she was struck from the rear by vehicle operating at an unsafe speed and with brakes and tires that were not in good working order. The impact caused herniations at C3, C4 and C5. 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. Plaintiff received the insurance policy limit of $20,000 and settled the rest with the underinsured motorist in court.
4 Herniated Disc Settlement
“A 4-herniated disc settlement was given to a driver who suffered herniations in both their cervical and lumbar spinal regions”
$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. The injuries led to the plaintiff missing months of work and needing physical therapy as well. Settlement was awarded for medical expenses and lost wages in addition to diminished future earning capacity.
“Male driver suffered 4 herniations after colliding with a motorist who made an illegal left-turn in a busy intersection”
$259,000.00 (Iowa) 26-year old male driver was going through an intersection when an underinsured driver made an illegal left turn in a busy intersection. The accident caused the plaintiff to suffer herniations at L2, L3, L4 and L5 which resulted in permanent impairment and pain throughout the body. The plaintiff denied the damages and argued that the plaintiff was also at fault and failed to mitigate damages. Eventually the settlement closed for over $200,000 to cover past medical expenses and future medical expenses.
Insurance Company Settlements For Herniated Discs
Different insurance companies have different measures, norms and histories when it comes to settling herniated disc cases.
While there are some overall similarities, the norms of your insurance company and how they have dealt with past herniated disc cases can be a good indication of what you can expect in your own case.
State Farm Herniated Disc Settlements
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.
In recent court cases, State Farm has shown that they expect medical evaluations to be done by a doctor whose qualifications match the qualifications of the insured person’s physician.
This is just one example of how State Farm aims to limit the payouts that they pay by making sure that any assessment of your injury is in line with their standards.
“A State farm herniated disc settlement for $14,000 was given to a driver who suffered herniations in her cervical spine”
$14,000.00 (Maryland) A driver was injured in an accident at a four-way intersection which led to herniations in her cervical spine leading to pain in her neck, back and shoulders. Plaintiff attempted to settle for lost wages and medical expenses for $100,000 which State Farm denied leading to a lawsuit against State Farm for compensation for noneconomic damages. The case settled for $39,000 but was reduced to $14,000 to adjust for previously rendered set-off.
USAA Herniated Disc Settlement
“USAA herniated disc settlement for $150,000 after plaintiff suffered multiple herniated discs”
$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. The accident left the plaintiff with injuries to cervical vertebrae including sprains and herniations that left the plaintiff with back, neck and arm pain. The plaintiff filed a suit against USAA and the driver claiming that the defendant driver had failed to maintain control of their vehicle and driving too close as well as failing to slow down in time to avoid the collision. USAA denied these allegations but ultimately settled the case with the plaintiff.
Geico Herniated Disc Settlement
Much like State Farm, Geico has stringent rules and norms in their settlements. Geico herniated disc settlement is often left to the mercy of Geico’s delay, deny, defend strategy.
This strategy includes Geico claiming in settlements that their own insured was liable in terms of financial exposure in accidents.
Without a proper attorney to defend you it is often the case that Geico pays out very small amounts not only for the herniated disc medical expenses, but also for pain and suffering.
Often, Geico has been known to only offer as low as $250-$1,500 dollars for pain and suffering for their insured.
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. Return to Table of Contents.
California Herniated Disc Settlements
Herniated Disc Settlements in California
“A California herniated disc settlement for nearly 1 million dollars is paid to a 36-year old plaintiff”
$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. She suffered herniated discs in her lumbar spine at L3-L5 which eventually needed laminectomy and later on a spinal fusion that left her with lifelong pain and diminished mobility. The settlement was paid to cover both her past medical and expected future medical expenses as well as lost potential income.
“Herniated disc settlement in California is given to a plaintiff after they were rear-ended at a stop-sign”
$298,000.00 (California) a 22 year old California man was rear-ended by a car going 17mph over the speed limit when the defendant hit the plaintiff’s car. The force of the accident caused herniated discs in the cervical spine at C4-C6 as well as L3 and L4. The plaintiff required physical therapy and surgery which did not eliminate his pain. They were then left with the need for long-term pain management and was no longer able to work in their normal capacity.
“California resident awarded settlement for a herniated disc after being hit by a commercial truck”
$180,000.00 (California) This California herniated disc settlement was given after a commercial truck hit a 46-year old male driver who was stopped at a red light. The plaintiff suffered multiple herniated discs in their cervical spine that later required weeks of therapy followed by surgery to attempt to reduce the pain. The plaintiff was also forced to miss 2 months of work initially and another 3 months of work as they recovered from their surgery.
Protruding Disc Settlements In California
“Protruding disc settlement in California settles after pileup at crowded intersection”
$134,560.00 (California) A pileup at an intersection in California left a 27-year old female driver with a protruding disc in her lumbar spine. The injury caused her to miss work and left her with thousands in medical expenses that were believed to only increase with the need for follow up medical care. The defendant had attempted to deny liability in the accident but ultimately settled out of court with the defendant and the insurance company.
“Herniated disc settlement is awarded for 24-year old driver who was sideswiped while going through an intersection”
$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 plaintiff’s car. The plaintiff was left with several protruding discs which required surgery and physical therapy as well as steroid injections to deal with the pain. The settlement was paid to cover medical expenses both past and future expenses as well as lost wages.Return to Table of Contents.
What’s The Average Settlement For Herniated Discs In Los Angeles?
“67-Year old Los Angeles resident suffers a 3-disc herniation after being hit on their passenger side by a car running a red light”
$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. The plaintiff was left with aggravation of previous injuries and suffered new injuries in their lumbar spine from L2-L4 which required laminectomy surgery and 3 months of physical therapy. Despite the surgery the plaintiff was left with chronic pain which required long-term pain management.
“Passenger of a sedan in Los Angeles left with 5 herniated discs after being rear-ended at traffic light”
$263,450.00 (California) A herniated disc settlement in Los Angeles, California was awarded when a minivan slammed into a sedan from behind as the sedan was waiting their turn to turn left at a green left turn light. 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. Settlement was awarded despite defendant claiming that the plaintiff shared liability.
“Los Angeles resident receives a six-figure herniated disc settlement after needing surgery after their accident”
$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. Defendant claimed that the plaintiff shared liability because they were not signaling as they were turning. Plaintiff countered that they were signaling and that the defendant was driving at an unsafe speed and was not paying attention to the conditions of the road in front of them. Plaintiff required surgery as well as physical therapy and recovered in their settlement for medical expenses and lost wages.Return to Table of Contents.
Herniated Disc Settlement Q&A
Is a herniated disc considered a serious injury?
A herniated disc is a serious injury and can be increasingly more serious the more vertebrae are hurt. A single disc herniation can cause pain and leave you in need of physical therapy as well as surgery. If you have 2, 3, 4 or more herniations then the need for surgery and lifelong pain management becomes even more likely which makes your injury even more serious.
I got a herniated disc from a car accident will my settlement include pain and suffering?
A herniated disc settlement has a much higher chance of having pain and suffering included compared to a bulging disc settlement. This does not mean that you are guaranteed pain and suffering in your settlement as many insurance companies will try to deny adding this to a settlement.
What’s the average settlement for herniated discs in los Angeles?
A herniated disc settlement in Los Angeles averages on the higher end for around $150,000 while on the lower end it averages around $65,000. Your settlement can be considerably lower or higher than these averages depending on your specific injuries and the competence of your legal counsel.
Are herniated disc settlements in California similar to the national average?
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.
Is a herniated disc a permanent injury?
A herniated disc can be a permanent injury but is not always permanent. Many herniated discs, especially single herniations, recover after only a few weeks and with noninvasive treatments. More serious herniated disc cases can lead to permanent pain and injury that is not able to be fixed even with surgery and months of physical therapy. Return to Table of Contents.
Get Help With Your Herniated Disc Settlement
Herniated discs are serious injuries that can mean a need for physical therapy, surgery and lifelong pain management.
Insurance companies often try their best to deny claims, limit payments and shift liability away from themselves in herniated disc cases.
The only thing that may stand between you and the settlement you deserve is whether or not you have a qualified attorney that can help you navigate the herniated disc legal process.
You can contact us anytime for a free consultation regarding your herniated disc injury.
Supporting Citations, Literature & Resources:
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Schwarzer AC, Aprill CN, Derby R, Fortin J, Kine G, Bogduk N. The prevalence and clinical features of internal disc disruption in patients with chronic low back pain. Spine (Phila Pa 1976). 1995 Sep 1;20(17):1878-83.
Fjeld OR, Grøvle L, Helgeland J, Småstuen MC, Solberg TK, Zwart JA, Grotle M. Complications, reoperations, readmissions, and length of hospital stay in 34 639 surgical cases of lumbar disc herniation. Bone Joint J. 2019 Apr;101-B(4):470-477. doi: 10.1302/0301-620X.101B4.BJJ-2018-1184.R1. PMID: 30929479.
Jordan, J., Konstantinou, K., & O’Dowd, J. (2009). Herniated lumbar disc. BMJ clinical evidence, 2009, 1118.
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.
Shin, E. H., Cho, K. J., Kim, Y. T., & Park, M. H. (2019). Risk factors for recurrent lumbar disc herniation after discectomy. International orthopaedics, 43(4), 963-967.
Park, M. S., Ju, Y. S., Moon, S. H., Kim, T. H., Oh, J. K., Sung, P. S., … & Chang, H. G. (2019). Reoperation rates after posterior lumbar spinal fusion surgery according to preoperative diagnoses: a national population-based cohort study. Clinical neurology and neurosurgery, 184, 105408.
Huffman, C. C. (2019). The Recent No-Fault Act Amendments Do Not Prevent Insurers from Obtaining Independent Medical Evaluations for Trial Purposes Performed by’Non-Matching’Medical Experts. Wayne L. Rev., 65, 619.
Feinman, J. M. (2010). Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claim and What You Can Do About It. Penguin.
Arguello, D., Ward, J. J., Chotvacs, C. W., Reichlyn, J. C., Giometti, G. R., Seibel, T. R., … & Yetka, C. (2019). RECENT DEVELOPMENTS IN INSURANCE COVERAGE. Tort Trial & Insurance Practice Law Journal, 54(2), 579-614.
About the Author
Article Author: This law article was written by attorney Ramin Benyamin, Esquire. Mr. Benyamin received his Juris Doctor degree from the Thomas Jefferson School of Law, and his license to practice law from the State Bar of California. His law license number is #277263. He has been practicing law for ten years. Mr. Benyamin is a registered member of the following legal organizations: Consumer Attorneys Association of Los Angeles (CAALA), the Los Angeles County Bar Association (LACBA), the State Bar of California, the American Bar Association (ABA), and the American Association for Justice (AAJ). Mr. Benyamin has helped his clients recover millions of dollars in car accident claims in the State of California.
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