Auto accident victims with herniated discs often require expensive surgeries and injections to recover. If you don’t have health insurance, you could face tens of thousands of dollars in medical bills. Even if you are insured, you’ll still have to deal with out-of-pocket medical costs, lost wages, and vehicle repair expenses.
Life after a car accident can be difficult, but a settlement can make it easier. Ideally, your settlement will cover the losses caused by the crash and your injuries. Since every case is different, there isn’t an average settlement for a herniated disc from a car accident. That being said, the team at Morelli Law can give you an idea of what a fair settlement might look like
Itemizing the Average Settlement for a Herniated Disc Accident
Since we don’t have the details of your unique accident and injury, we can’t provide an accurate settlement estimate. However, we can break down the payments that comprise the average settlement herniated disc patients receive after a car accident.
Depending on the severity of the collision and injuries suffered, an auto accident victim with a herniated disc might receive compensation for any of the following losses and challenges:
Some herniated disc patients can improve with non-invasive treatments and lifestyle changes. If your condition is mild, your doctor may advise avoiding activities that cause pain. They may also recommend the following
- Pain medication
- Muscle relaxers
- Epidural steroid injections designed to ease your discomfort
- Physical therapy
More serious herniated disc cases may require surgery to remove bone fragments pressing against the spinal nerve. As you might guess, the more serious your medical treatment is, the higher your medical bill will be.
Fortunately, an attorney can seek compensation for all of your medical expenses. The average settlement for car accident victims suffering from a herniated disc may include payment for medications, injections, physical therapy, assistive devices, and surgery.
While non-invasive treatments for a herniated disc are much less expensive than surgery, they take much more time to show results. According to research on slipped discs, some patients take six weeks to see improvements.
If you take the non-surgical treatment route, you’ll have to miss a considerable amount of workdays and income. Luckily, a herniated disc settlement can include compensation for lost wages. An attorney can refer to your prior paychecks to calculate how much you’re owed.
Decreased Earning Ability
In some severe cases, car accident victims are left with injuries that permanently affect their ability to perform labor and workplace duties. If your herniated disc prevents you from earning a living, your attorney can request compensation for your decreased earning ability.
Pain and Discomfort
During your recovery, you might experience pain, stiffness, and a limited range of motion in the affected area. This discomfort can last for quite some time, especially if your herniated disc injury is severe. A car accident settlement can give you the compensation you need to deal with any physical pain or suffering you experience.
Treatment for herniated discs can leave the patient with permanent scarring. If you’ve been left with visible scars after disc surgery, you shouldn’t have to go uncompensated. A lawyer can secure compensation to make up for your scarring.
Reduced Quality of Life
If you experience significant scarring or lasting pain from your disc injury, it could impact your quality of life. If you feel that your condition is getting in the way of the things that make life worthwhile, you deserve compensation.
Negotiating a Car Accident Settlement
Auto insurance companies will use any loophole or tactic to deny your claim or reduce the compensation you receive for your injury. To convince insurers that you deserve a fair settlement, you’ll need a skilled attorney on your side.
A lawyer can negotiate a settlement that makes up for the losses you’ve suffered due to your herniated disc and car accident. The negotiation stage is difficult, but an experienced attorney will make the preparations necessary to reach a fair offer.
Here’s what your lawyer can do to make sure insurers honor your claim:
- Investigate your accident
- Collect photos, documents, and records related to your collision
- Gather your medical records, bills, and income-related documents
- Interview eye-witnesses and expert witnesses
- Build an evidence-based claim
- Use their negotiation skills to persuade insurers that you deserve a large payment
What to Do if Insurers Fail to Offer a Fair Herniated Disc Settlement
If the insurance company refuses to offer a fair settlement for a herniated disc caused by a car accident, you may be eligible to file a lawsuit. New York Insurance Law § 5104(a) states that you may file a personal injury lawsuit if your economic losses exceed $50,000 or if you’ve suffered a “serious injury.”
New York Insurance Law § 5102(d) explains the qualifications that must be met for your injury to be considered “serious.” A lawyer can help you determine if you meet New York’s requirements for a lawsuit. If you live in a different state, an attorney can advise you on the laws that apply to your case.
If a lawyer determines that filing a lawsuit is your best course of action, you could stand to gain as much or more compensation than the average herniated disc settlement. In some cases, courts can also demand punitive damages as a punishment for negligent drivers, which would add even more to your payment.
Contact Our Firm to Learn More About the Average Herniated Disc Settlement
The average settlement for herniated disc injuries caused by car accidents can differ from case to case. However, most settlements include compensation for medical bills, lost wages, and pain. A skilled car accident lawyer can determine which damages you’re entitled to receive and fight for the compensation you’re owed.
At Morelli Law, our attorneys treat every injury like a serious injury. Regardless of whether your herniated disc injury is mild or severe, we’ll put as much effort and resources into your case as we can. Contact us today to schedule a free case evaluation and take the first step toward your settlement.