If you have suffered a herniated disc at the hands of someone else, it’s likely it happened due to a car accident. There are other potential causes, and every case is different. Herniation settlements are based on numerous factors, but you still might be curious about what your herniated disc could be worth in terms of a settlement.
The short answer is that the median herniated disc settlement amount is approximately $65,000, but the average is $360,000. However, it should be noted that not every case is the same.
Disc herniations are commonly permanent injuries that necessitate significant settlement values. This is in large part because of how serious the injury is. Having said that, determining a case evaluation is never easy. The reason for that is because no one really knows what a jury will do with a specific herniated disc case presented to them. That’s why the range of settlements for this kind of injury is spread out so widely.
Many insurance companies follow what they call a ‘pain and suffering’ formula when presenting their initial settlement offers. In most cases, their internal formula is however much your medical bills are multiplied by a factor of three, and that’s what they consider appropriate damages for your pain and suffering.
In truth, it’s not so simple. If you wind up having disc herniation surgery that costs $160,000 and totally heals you, then it’s highly unlikely that a jury is going to award you anything in the neighborhood of $500,000 for your pain and suffering.
Alternatively, if you have an inoperable disc herniation, just $60,000 in medical bills, and the prospect of a lifetime of suffering, then it’s very probable that a jury is going to award far more than the $180,000 that the 3x formula would predict.
Statistics and causes matter in this. Remember, the median is around $65,000, but the average is closer to $350,000.
If elementary probability and statistics was a long time ago for you, then keep in mind that the median is what you’re more likely to get than the average. The median is near the middle of most settlement amounts, whereas the average is just a raw computation of all settlements.
Roughly 1 in 20 jury verdicts for disc herniations are well over $1,000,000. That’s why the average is so high. In reality, the majority of cases get awarded less than $100,000.
Another thing to know is that herniated discs are not the same as bulging discs. Bulging discs don’t cause nearly as much pain, and they’re more commonly associated with aging than accidents. Juries respect herniation injuries a lot more. For your information, bulging disc jury verdicts have a much lower median, of only around $28,000, with an average of just $120,000.
Something else that complicates the available spread of data is how many cases are just sealed with confidential settlements out of court, which is why jury data is the only real rule of thumb available. Herniated disc settlements can range from just a thousand to multiple millions, just based on each case’s characteristics. Having said that, non-surgical cases usually stay under $50,000. Many settlements might also be limited to the amount of insurance coverage the at-fault driver or party has.
Given how there’s no magic formula for determining what your case is worth, your best option is to consult a lawyer or attorney who offers free case evaluations. It’s only after looking at the facts of your specific situation and circumstances that a legal professional can offer you their thoughts on the strength and merit of your case.
Asheville, North Carolina accident lawyer Lakota R. Denton has helped many people who have suffered serious injuries as a result of car accidents, construction site accidents, slip and falls and a variety of other accidents.