Herniated discs. Bulging discs. Slipped discs. There are many names for this common, crash-related injury. But no matter what you call it, the effects can be life-altering.
At Crosley Law, we frequently represent car accident victims with herniated disc injuries. Very often, these clients deal with severe pain, disability, and mobility issues for months or years. Many of them end up requiring surgery if conservative treatments don’t work out.
If you’ve suffered herniated disc injuries and the insurance company offers you a settlement, you should consult a car accident attorney as soon as possible. It’s not unusual for herniated disc cases to result in 6 or even 7-figure settlements in Texas. However, certain conditions must be met. Insurance adjusters frequently try to take advantage of unrepresented crash victims, offering them much less than they truly deserve.
In this article, our injury lawyers will explain factors that may impact your claim’s value and how you should respond to an insurance company settlement offer.
What is a herniated disc?
A herniated or bulging disc occurs when the soft, jelly-like inner part of a spinal disc pushes out through a weakness in the tougher, rubbery exterior disc wall and compresses surrounding tissue.
Spinal discs sit between vertebrae, the small bones that make up your spinal column. The discs act as shock absorbers for the spine while providing support and flexibility for joint movement. You have 23 discs in your spine: 6 in the cervical spine (neck), 12 in the thoracic spine (upper back), and 5 in the lumbar spine (lower back).
There’s not much space between all these critical structures, and even a little bit of swelling can cause serious permanent injuries and limitations. The impact force of a car accident can easily cause vertebrae in your spine to compress adjacent discs and damage them. This most frequently occurs in the neck and lower back but can happen anywhere along the spine.
What are possible symptoms of herniated discs?
A damaged, bulging disc can press on your spinal cord, nerves, and other surrounding structures. Common symptoms include:
- Back pain
- Pain, numbness, or tingling in your shoulder or arm (disc injury in the neck)
- Pain, or numbness, or tingling in your lower back, buttocks, thigh, or calf (disc injury in the lower back)
- Muscle weakness
Very severe cases might cause paralysis or incontinence. (If you notice these symptoms after a collision or traumatic event, go to the ER immediately.)
That said, many crash victims don’t realize right away that they’re suffering from one or more disc herniations. You might assume at first that you’re only dealing with temporary muscle strains or soreness.
RELATED: What You Need to Know About Car Accidents and Herniated Discs
How much is my herniated disc case worth in Texas?
You can demand compensation for your medical bills, lost income, pain and suffering, impairment, property damage, and other losses as part of your legal claim. If the at-fault party’s actions were intentional or grossly negligent, you may also be eligible for punitive damages. However, there’s no simple answer to the question, “How much is my herniated disc worth?”
When insurance companies calculate their settlement offers, they consider a variety of factors such as:
- The total amount of medical expenses (past and future) your injuries will cost you—physical therapy, injection therapy, surgeries, etc.
- Your chances of making a full recovery and returning to work
- The general severity of your injuries and the extent to which physical pain, emotional trauma, and mobility limitations impact your day-to-day life
- The strength of your legal claims against the company’s defenses
- Whether a personal injury lawyer represents you
- The at-fault driver’s policy limits
However, one thing is nearly certain: the insurance adjuster’s first settlement offer will be much too low. Insurance companies give their representatives a certain amount of “settlement authority” but they rarely, if ever, offer the full amount they’re willing to settle for right away.
How do personal injury lawyers calculate herniated disc settlements?
At Crosley Law, we don’t take a cookie-cutter approach to herniated disc injury claims. Instead, we get to know our clients, carefully review their medical records and other evidence, and consult with respected experts including doctors, crash reconstructionists, and life care planners.
Then, based on all the information we gather, we calculate their cases’ settlement values. This process takes a lot more time than just typing some numbers into an online calculator, but it’s worth it. We’ve recovered hundreds of millions in settlements and jury verdicts for our clients.
While nothing compares to a personalized analysis of your herniated disc claim from an experienced attorney, here are some of the major questions that help determine what kind of settlement is likely:
Will you need surgery for your herniated disc?
Sometimes physical therapy, medication, rest, steroid injections, and other treatment protocols are enough. However, many people with herniated discs eventually need an operation.
There are many types of spinal surgeries, including:
- Spinal fusion: Doctors use hardware to stabilize your spine, fusing two vertebrae.
- Laminectomy: Your surgeon removes part of a vertebra, called a lamina. This gives the disc more room and hopefully relieves pressure from your nerves and spinal cord.
- Discectomy: Doctors remove part of the damaged disc.
- Disc replacement: Your surgeon replaces the damaged disc with a prosthetic one. This can help maintain better alignment and mobility than some other procedures.
It can take a year or longer to recover from spinal surgery, depending on the complexity of the procedure and your unique risk factors. Most people need physical therapy, diagnostic studies (like x-rays, MRIs, CT scans, and EMGs), and chronic pain management treatment before and immediately after surgery. While some people only need one surgery, others experience complications that result in many years of medical care.
Sometimes, your lawyer will suggest you wait until your medical condition stabilizes and you reach “maximum medical improvement” (MMI) before you settle. It’s easier to assess your future medical needs at this stage, since it’s unlikely that your condition will improve with more medical treatment (although chronic pain management and other services can help maintain your quality of life). If you cannot wait until you reach MMI, your attorney may consult with your doctors and other medical professionals to assess your future needs.
RELATED: Can a “Minor” Car Crash Cause Serious Back Injuries?
Do you have pre-existing conditions and back/neck problems?
As we age, our spine and back begin to develop degenerative changes. Even active, healthy people can have bulging discs and arthritis in their spine, but these conditions are usually asymptomatic. However, a car crash or other traumatic event can change everything in a split second.
It’s not uncommon for insurance companies to fixate on your previous complaints of back pain and minor degenerative changes that were picked up in diagnostic tests. If the insurance adjuster denies your herniated disc claim or tries to reduce your settlement value, arguing that your pain and injuries are due to a pre-existing condition, you should contact a personal injury lawyer immediately.
Under Texas’ “eggshell skull doctrine,” the insurance company is responsible for your herniated disc if the crash or incident caused or contributed to the condition. If you can prove that a collision worsened your pre-existing arthritis or bulging discs, you’re owed compensation. However, proving that the crash caused or contributed to your injuries isn’t always as simple as it sounds. Your injury lawyer may need to consult with medical, accident reconstruction, and biomechanical experts to connect the crash to your condition.
How much income will you lose over your lifetime?
Working with a herniated disc can be difficult. You may experience chronic pain and weakness that makes long periods of sitting, standing, walking, and other activities impossible. Your medications may make you drowsy and unfocused. Your weekly schedule of doctor and therapy appointments may dramatically cut into your work hours. You must consider these losses as part of your case’s settlement value.
Your lawyer should determine how your herniated disc will impact your wage-earning capacity over your lifetime and may consult with vocational and other experts to do so.
How much insurance coverage is available?
Most people focus their attention on the at-fault driver after a car crash. That’s because Texas’ motor vehicle accident laws are fault-based, and you’ll need to file an injury claim with the other driver’s insurance company.
Ideally, the other driver will have a large liability policy to provide robust coverage. However, that isn’t always the case. In Texas, owners of passenger vehicles can legally carry as little as $30,000 in injury coverage per person, or $60,000 per accident if multiple people are hurt. If you have serious injuries, this may not come close to covering all your medical bills and lost wages.
Many victims don’t realize they may have other sources of insurance coverage. In Texas, most people have at least a modest amount of uninsured/underinsured motorist coverage (UM/UIM) and personal injury protection (PIP) coverage. UM/UIM steps in and covers some or all your losses when the at-fault driver has insufficient insurance. PIP is a supplemental form of no-fault insurance that will cover some or all your medical bills, even if you caused or contributed to the wreck.
In a herniated disc claim, you may have hundreds of thousands of dollars in medical bills that will quickly burn through even larger liability insurance policies. Your PIP and UM/UIM policies can help supplement the at-fault driver’s insurance if you have significant medical expenses and lost income due to a disc herniation, fusion surgery, or other crash-related issues.
RELATED: A Mother Delays Herniated Disc Treatment to Protect Her Child: Shalyn S.’s Story
How clear is liability in the case?
The fault for a car accident isn’t always 100% on one driver or another. Sometimes both drivers are partially responsible. In other cases, the available evidence isn’t clear cut.
Under Texas law, personal injury victims can only recover damages if they are no more than 50% responsible. Furthermore, in a trial setting, your damages are reduced by your percentage of fault. So if a jury thinks you are 20% at fault for the crash, you can only obtain 80% of your damages. This is known as comparative fault.
On the other hand, when liability is very clearly on only one side, juries tend to award more damages to the victim. This is especially true if there are “aggravating factors” that make the at-fault party less sympathetic. To use a simple example, an accident caused by a trucker who knowingly skipped mandatory rest breaks (and lied about it afterward) is likely to result in a larger damage determination than an accident caused by a momentarily distracted driver’s (relatively) innocent mistake.
Recent herniated disc injury settlement examples
Crosley Law regularly represents crash victims with spinal disc herniations. Here are a few recent case results:
Carla’s story: $1.95 Million
Crosley Law represented a woman who was injured when her truck was rear-ended. The truck suffered little damage because the trailer hitch was the impact point. However, the impact force was severe enough to cause multiple herniated discs in Carla’s neck and lower back.
Carla’s pain became progressively worse in the weeks after the accident. Medications, nerve blocks, and injections didn’t provide relief. Eventually she underwent disc replacement surgery in her neck. Fortunately, Carla had a substantial amount of UM/UIM coverage from her own auto insurance company.
READ MORE: Crosley Law Wins $1.95m for Injury Victim With No Vehicle Damage – Crosley Law
Michael’s story: $1.3 Million
Michael was an active 27-year-old with a young family and no history of serious medical problems. But a crash with an 18-wheeler left him with severe pain in his neck, back, and thighs.
Medical testing revealed significant damage to several spinal discs. One disc herniation near the base of the spine was putting pressure on the nerve roots, leading to pain radiating into both of his legs. He needed two separate surgeries to fix as much of the damage as possible but continued to require follow-up care and therapy for ongoing symptoms.
The insurance company in the case tried to deny the severity of Michael’s injuries and even hired a bunch of “experts” to support their position. Crosley Law shut down that approach and negotiated a great settlement.
READ MORE: Hard Work, Preparation, and Patience Pay Off After a Truck Accident – Crosley Law
Unlike the insurance adjuster, your lawyer wants you to get a fair settlement or jury award
The insurance adjuster’s job is to close cases as quickly and cheaply as possible. You should never assume that they’re providing you with honest advice or a fair offer. If you want fair compensation for your injuries, it’s in your best interest to schedule a free consultation with an experienced personal injury attorney.
Your lawyer has an ethical obligation to educate you about your legal rights and options and fight on your behalf. For example, when you work with Crosley Law, we will typically:
- Outline your case’s strengths and challenges so you can make smart decisions about settlement
- Calculate your herniated disc case’s value, considering your current and future needs
- Identify all the insurance policies that might apply to your case
- Consult with experts and preserve your evidence, potentially strengthening your claims
- Aggressively negotiate with the insurance company
- Use mediation and other alternative dispute resolution techniques to pursue a fair settlement
- Take your case to trial, if necessary
If you decide to work with our team, and we recover a settlement or jury award for you, we’ll charge you a percentage of your compensation. We also advance our clients’ case costs and fees, so we won’t charge you for the cost of collecting your evidence (like medical records), hiring experts, or filing fees unless we win your case in court or reach a settlement.
Crosley Law: Fighting for crash victims with back and neck injuries
If you’re living with severe back pain and a herniated disc after a crash, it’s time to contact Crosley Law. Our lawyers have handled a wide variety of back injury claims, including cases involving permanent injuries, herniated discs, and failed surgeries.
We work with people in San Antonio and throughout Texas, helping them get the settlement or jury award they deserve. If you’d like to schedule a free consultation or learn more about our track record of success, contact our office today. You can call Crosley Law at (210) 529-3000 or fill out our brief contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
