Determining the potential settlement for a herniated disc sustained in a car accident is complex. Settlements in such cases can fluctuate significantly, extending from a few tens of thousands to over a million dollars. This variance hinges on multiple factors, such as the severity of the herniated disc, the percentage of accident fault, and the impact on your personal and professional life.
If you believe you have been the victim of an accident in which someone else was reckless or negligent, you might be eligible for compensation. Contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Understanding Herniated Disc Injuries
Herniated disc injuries, part of spinal cord injuries, vary considerably in severity. The human spine consists of vertebrae, with spinal discs cushioning between them. These discs have a tough exterior (annulus) surrounding a soft interior (nucleus). A herniated disc occurs when the nucleus leaks out due to a tear in the annulus.
This protrusion can lead to serious problems since the spinal cord is rich in nerve networks. A herniated disc can compress or irritate a nerve, leading to chronic pain, numbness or tingling in an arm or leg, or even paralysis of a limb. These symptoms may be constant or could worsen with certain movements or activities.
However, not all herniated discs result in severe complications. Occasionally, there might be no symptoms, leaving you unaware of a herniated disc post-car accident. Since your settlement should reflect your losses, the medical repercussions of the herniated disc will largely determine your case’s value.
The Role of Shared Fault in Your Settlement
The involvement of shared fault in the accident can impact the settlement amount for your herniated disc injury. Most states employ comparative fault rules. If your share of the fault is determined in a trial, it can reduce your award.
In states using modified comparative fault rules, such as Texas, your compensation decreases by your fault percentage, and you receive nothing if you are more than 50% at fault. In contrast, states like California use pure comparative fault rules, where your award decreases by your fault proportion, irrespective of your share of blame.
While these rules apply primarily during trials, they also influence settlement negotiations. The presence of any blame on your part can lead the at-fault party’s insurance company to lower their settlement offer.
Your Personal and Professional Life’s Impact on Settlement Value
Your settlement should encompass compensation for lost wages, lost earning capacity, and pain and suffering. This implies that your professional and personal life details can influence your settlement amount.
Your settlement should include compensation for any wages lost during your recovery period. Thus, your salary can impact your compensation amount. Similarly, if the herniated disc hampers your work, your profession can also influence your settlement.
Moreover, if the herniated disc inhibits you from enjoying life as you did before, you are entitled to compensation for loss of enjoyment of life, contributing to your pain and suffering compensation.
Compensation Categories in a Herniated Disc Settlement
If you have endured a herniated or bulging disc in a car accident, you might be entitled to compensation for:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Physical pain
- Mental and emotional suffering
- Loss of consortium
- Property damage to your vehicle
Acquiring legal advice from a personal injury attorney at Law Offices of Fernando D. Vargas is crucial. They can guide you about the deserving payout for your back injury. If the insurance company’s settlement offer does not adequately compensate you, your lawyer can file a herniated disc claim on your behalf. Feel free to reach out to us at 909-982-0707 for a free case evaluation.