What Is the Average Settlement for a Herniated Disc in Florida?
Really, there is no “average” herniated disc settlement in Florida because there are a variety of factors that are considered in any settlement offer and every person, case, and injury is different.
Some of the factors that will determine the amount of a settlement include:
- The injured person’s age;
- The injured person’s salary;
- The injured person’s medical history;
- The nature and prognosis of the herniated disc;
- Fault for the injury; and
- How much pain and suffering was endured.
How Age Affects a Herniated Disc Settlement
Ordinarily, the value of any personal injury decreases with age of the injured person. Bulging and herniated discs are typical of the aging process. Discs tend to dehydrate with age, which stiffens the cartilage that separates our vertebrae, and as we age, our vertebrae become more susceptible to injury. If you suffer a herniated disc in an accident at an older age, you might receive less than a younger person would.
How Salary Affects a Herniated Disc Settlement
Your salary also affects what you might be entitled to in a settlement. If you missed work because of your injuries, the more money you make, the larger your lost wages and therefore settlement will be.
How Medical History Affects a Herniated Disc Settlement
Ordinarily, an injury to a part of the body that was previously injured is worth less than a completely new injury. So prior spinal injuries can also affect a herniated disc settlement. If you had a prior back injury, the insurance company will claim that you are attempting to blame your “pre-existing” injury on the accident. Although you are able to recover compensation even if you have a pre-existing condition, you will likely receive less compensation because what is being compensated is a worsening of a prior injury.
How Symptoms and Prognosis Affects a Settlement
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 medical treatment you received and any future treatment you will need also affects your settlement value. If your herniated disc only requires a week or two without work and some painkillers, you might only recover a few thousand dollars. If your herniated disc resulted in surgery and two months without work, you might be entitled to tens of thousands of dollars.
How Fault Affects a Settlement
If your actions or in-actions contributed to your injury, you will only be able to recover a certain portion of your settlement. This is independent from who was a fault for causing the incident that led to your injuries.
For example, if you were involved in a rear-end accident, the driver who rear-ended you is likely 100% at-fault for causing the accident. However, following the accident you delay seeking medical treatment for several weeks. The delay you could worsen your herniated disc, which could have been lessened by seeking medical treatment immediately following the crash. After reviewing the medical records, the insurance company could say that you were 20% at-fault for your injury. In this example, they would only offer 80% of what they believe your settlement should have been.
How Pain and Suffering Affects a Settlement
Most people only consider the “economic” damages that come with a herniated disc injury. For example, lost wages and medical bills. However, you are also entitled to compensation for your “non-economic” damages, which is legalese for pain and suffering. If your injury lasts longer and has a greater impact on your life, you will likely recover more compensation for pain and suffering.
How Can A Personal Injury Attorney Help?
Gulisano Law 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 might lower your settlement’s value.
For a free review of your herniated disc case, call Gulisano Law today at 954-947-3972. Your review is confidential and there is no obligation to pursue a claim with us.