Understanding Herniated Disc Injuries
To understand disc herniations, it’s important to establish an understanding of the spine.
The spine consists of thirty-three (33) vertebrae divided into three main sections:
- Cervical (Neck): 7 vertebrae
- Thoracic (Upper and Mid-Back): 12 vertebrae
- Lumbar (Lower Back): 5 vertebrae
Between each vertebra is a fibrous intervertebral disc that acts as a cushion. The disc consists of two parts: 1) the nucleus pulposus (a jelly-like core that serves as a shock absorber for the spine) and 2) the annulus fibrosus (the tough outer layer made of several layers of fiber that protect the nucleus).
A herniated disc occurs when the nucleus pulposus pushes through a tear in the annulus fibrosus. The protrusion of the nucleus can compress a nerve root or the spinal cord itself, leading to more severe pain and potential nerve damage. Herniated discs can occur in any part of the spine but are most common in the lower back and the neck.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Key Differences: Herniated Disc vs. Bulging Disc
The main difference between a herniated disc and a bulging disc lies in the extent of the disc’s damage. Unlike a herniated disc, a bulging disc is just an outward protrusion. It does not involve a rupture like a herniated disc. A bulging disc occurs when the outer layers of the annulus fibrosus remain intact, but the disc itself protrudes outward.
Factors that Affect Herniated Disc Settlement Value
Like all lower back pain settlements, the value of a herniated disc settlement depends on multiple factors, including:
- Severity of the injuries – The extent of your injury, including the severity of pain, limitations in mobility, and any long-term effects, will heavily influence the settlement value. More severe injuries often lead to higher settlements.
- Medical treatment costs – The cost and extent of medical treatment your injury requires, such as surgery, therapy, and medication, plays a significant role in the value of your settlement, with greater expenses translating to higher settlement value. For example, most herniated discs can be treated with physical therapy, medications, or injections, while some may require surgery. The more invasive the treatment required, the higher the value of the injury.
- Lost wages and income – If your injury prevents you from working or reduces your earning capacity, your lost wages and income will be factored into the settlement. The greater the losses, the greater the value of your potential settlement.
- Permanent disability or impairment – If your injury results in permanent disability or impairment, the value of your settlement may be higher to account for long-term consequences.
- Pre-existing conditions and causation – Because herniated discs are often the result of normal wear and tear that comes with aging, whether the disc herniation was actually caused by an accident is often the main issue in personal injury claims. However, as discussed above, some disc herniations can be asymptomatic until a crash occurs and sets the symptoms in motion. If medical records can establish that a patient had no pain, difficulty, or limitations from their disc herniation prior to the incident, then the value of the injury will be higher.
A personal injury lawyer can help estimate settlement value during a free case evaluation by assessing the factors details above. Additionally, they may also gather information regarding circumstances and governing laws surrounding the case to determine the value of your personal injury case if you are eligible to pursue compensation for damages.
Herniated Disc Settlement Examples
At Brown & Crouppen, we’ve secured millions of dollars in verdicts and settlements for clients who have suffered back and neck injuries in various accidents. Below are some of our notable case results:
- $300K settlement for a cervical fusion: Our client was driving when another vehicle slid into the rear of her car on an icy exit ramp. After the rear-end accident, our client suffered injuries to her upper back and neck, but her presentation was complicated by the fact that she had experienced symptoms in the same areas and had obtained medical treatment for those symptoms more than ten years before the collision. The defense took the position that although the client’s pre-existing condition was aggravated for 6-8 weeks, anything beyond that was due to her long-standing prior condition. The client underwent multiple MRIs, physical therapy, massage therapy, prescribed medications, injections, and radiofrequency ablations before finally undergoing a cervical fusion for a herniated disc at C7-T1. There were three MRIs performed between the time of the crash and her surgery. Even with all of the potential landmines with proving causation, we settled her case for $300,000.
- $250K settlement for a herniated disc: Our client was driving home from work when another vehicle began merging into his lane of travel. This forced him into the grassy median separating the north and southbound lanes of the rural highway on which he was traveling. There was minimally visible damage to the passenger side of his vehicle, and he did not seek any medical care until the next day when he visited a chiropractor due to pain in his neck and lower back. Due to persistent symptoms, our client was eventually referred for an MRI imaging study, which revealed a herniated disc in his lower back. Neither injections nor continued chiropractic and physical therapies resolved his symptoms, and he ultimately underwent spine surgery. The claim settled for the defendant’s liability limits of $250,000.
- $100K settlement for c5-6 disc herniation: Our client was driving southbound on Lindbergh Blvd. and entered the left turn lane in order to proceed eastbound on I-44. When the client’s light changed from a red light to a green arrow, she began her left turn. The uninsured motorist, driving northbound on Lindbergh Blvd., ran a red light and ran into the client’s car. Subsequently, the client’s car spun to the left and struck a concrete light post. Our client sustained significant bruising from the airbags, along with a neck injury (C5-6 disc herniation). Upon chiropractic and orthopedic treatment, the orthopedic surgeon recommended an anterior discectomy and fusion. Upon submitting our demand for the policy limits, we cooperated with the insurance company’s demand for an independent medical exam. The claim settled for the policy limits of $100,000.
It’s important to remember that the circumstances of each individual, each incident, and each injury are unique. Settlements may be higher or lower depending on numerous case factors. A personal injury attorney can help answer legal questions and determine if you’re eligible to recover compensation through a free case evaluation online.
Get Help Recovering Compensation from Brown & Crouppen
Proving that a herniated disc resulted from an accident (or worsened) can be complicated, so it’s important to have help from an experienced personal injury lawyer. If you or a loved one have suffered an injury due to someone else’s negligence (no fault of your own), a personal injury lawyer can help provide answers to legal questions, determine the strength of your case, and help to maximize your compensation.
Our injury law firm has locations through the Midwest including St. Louis and Kansas City. At Brown & Crouppen, our attorneys work on a contingency fee-basis, meaning there are no upfront costs or legal fees – we only get paid if you win.
Frequently Asked Questions
How long do I have to file a herniated disc injury claim?
The time limit for filing a personal injury claim varies by state as each state sets their own statute of limitations. In Missouri, the statute of limitations for personal injury claims is 5 years. By comparison, the statute of limitations in the state of Illinois is only 2 years.
How will my herniated disc claim take to resolve?
The time it takes to settle a herniated disc claim varies depending on numerous factors. The symptoms the injured person experiences from the herniated disc will determine their course of medical treatment and it is usually in the best interest of the client to wait until they are done with medical treatment or reach their maximum level of medical improvement before sending a demand to the at-fault party’s insurance company. This is to ensure that any offer extended encompasses the full value of the client’s injuries. Other factors include the number of parties involved, the severity of the accident itself, the location of the accident, the insurance companies involved, settlement negotiations, and the time it takes to gather the necessary evidence.
For more information regarding case length, see our guide on how long most settlements take.
Can I recover compensation if I had a preexisting herniated disc injury?
Yes, it is possible to recover compensation even if the herniated disc existed before the accident. As discussed above, herniated discs do not always produce symptoms and may not produce symptoms until an accident sets them in motion. If there is evidence proving exacerbation of a pre-existing condition, recovering compensation is more likely.
For example, if medical records establish that the client’s herniated disc is in the neck, but they had never sought treatment for neck pain prior to the accident, they are more likely to be successful in claiming a herniated disc as a result of the accident. If the client did have neck pain prior to the accident, they may be able to claim the disc herniation as part of their claim if medical records establish that their neck pain worsened as a result of the accident or that their neck pain didn’t bother them before the accident.
