Average Settlement for Herniated Disc in NY

In between each of the bones (vertebrae) that make up our spine, there are rubbery cushions known as discs. These discs have a jelly-like center that can push out due to a tear that can be caused by natural degeneration or a traumatic event like a slip and fall or a car accident. A herniated disc can push on nerves, causing pain, numbness, and/or weakness in an arm or leg.

If you have a herniated disc from a fall, car accident, or another cause, you may be able to file a personal injury claim against the at-fault party. A settlement for a herniated disc should include money for your past and future medical bills, lost wages, pain and suffering, and other losses. Our Long Island personal injury attorneys will fight to help you get maximum compensation for your herniated disc.

Based in Melville, The Odierno Law Firm Accident and Injury Lawyers represent accident victims who have suffered a range of serious injuries, including herniated discs. We understand how disabling this kind of injury can be, and we will work to make sure that you get the money that you deserve for your losses. Contact our law offices today to schedule a free initial consultation with a Long Island personal injury lawyer.

What Is the Value of Your Herniated Disc Case?

Every personal injury case is different. There are numerous factors that go into determining the value of any case, including herniated disc claims. For this reason, there really isn’t any such thing as an “average” herniated disc settlement.

Instead, the value of your herniated disc claim will be based on the unique facts of your case. Factors that impact the worth of any case include:

• The severity of your injuries: Typically, more serious injuries (such as a disc herniation that requires surgery) will result in higher settlements than more minor injuries (such as a disc herniation that improves with conservative treatment)
• Disability: If you will have long-term or life-long effects from your disc herniation, then your settlement will likely be higher
• Lost wages: If you have to take time off work and your ability to work in the future is impacted, then that will lead to a larger settlement. For example, if you worked in a physical job and can no longer perform those duties, then your reduced earning potential should be part of any award.
• Proof: The strength of the evidence in your case will impact the total settlement value
• Emotional injuries: Disc herniations can be incredibly painful, and that pain isn’t always treatable with medications. If you have pain and suffering, emotional distress, and other intangible losses, that will lead to a higher recovery.
• Insurance coverage: Most personal injury claims are covered by insurance. Your total recovery may be limited by the amount of insurance coverage the at-fault party carries.
• Fault: If it is clear that the at-fault party (defendant) caused the accident, then that makes for a stronger case. If you were partially responsible for the accident, then that may reduce your recovery through New York’s comparative fault laws.
• Legal representation: Generally, people who have a lawyer recover significantly more money in personal injury claims compared to people who represent themselves.

Having a skilled Long Island personal injury lawyer is particularly important when it comes to disc herniation cases. The most common cause of disc herniations is age-related degeneration, so insurance companies will often try to argue that this injury wasn’t caused by the accident. Our attorneys are adept at pushing back against these types of arguments, working to prove that your disc herniation was caused by the accident so that you get full compensation for your injuries.

While we cannot guarantee a particular result in any case, our law firm does have a track record of success in getting high-value settlements for clients dealing with disc herniations related to accidents. For example, we negotiated a $950,000 settlement for a 32-year-old man from Long Island who was rear-ended by a Mack truck, causing several herniated discs.

Our team also negotiated the following recoveries for our clients:

• $775,000 mediated settlement for a 36-year-old man who suffered numerous herniated discs from a car crash involving a commercial truck. 
• $725,000 for a 35-year-old man who was involved in a multi-vehicle car accident on the Long Island Expressway, resulting in multiple herniated discs in his lumbar spine.
• $300,000 settlement during trial for a 38-year-old man who suffered a herniated disc after being rear-ended while stopped in traffic.
• $295,000 mediated settlement for a 43-year-old woman who was rear-ended by another vehicle, resulting in both thoracic and lumbar herniated discs.

In each case, our team works to build the strongest possible legal and factual basis for success. We understand the types of strategies that insurance companies often use in herniated disc cases, such as arguing that our client had a pre-existing condition or that they were somehow responsible for the accident. We use our skill and knowledge of New York law to help our clients get the compensation that they deserve under New York law.

We understand that being in a car accident or getting hurt in a fall can be scary. Our goal is to make the process of filing a personal injury claim as seamless as possible. We will take on the insurance company for you, working hard to get you maximum compensation while you focus on your recovery.

Causes, Symptoms, and Treatments for a Herniated Disc

Our spines are relatively complex parts of our bodies. The spine has 33 vertebrae, or bones, which are stacked on top of each other to form the spinal canal. In between each vertebra, there are shock-absorbing cushions known as the discs. 

The spinal cord is a bundle of nerves that travels through the spinal canal. Ligaments, muscles, and tendons help to keep the spine in position and with movement. 

The spine consists of 5 distinct parts:

1. The cervical spine, or neck, is the top part of the spine. The 7 vertebrae in the cervical spine are labeled C1 to C7.
2. The thoracic spine, or middle back, attaches to the ribs. There are 12 vertebrae in the thoracic spine, T1 to T12.
3. The lumbar spine, or lower back, connects to the pelvis and bears most of the body’s weight. There are 5 vertebrae in the lumbar spine, L1 to L5.
4. The sacrum is a triangle-shaped bone that connects to the hips. There are 5 sacral vertebrae (S1 to S5), which do not move.
5. The coccyx, or tailbone, is made up of 4 fused vertebrae.

The discs in between the vertebrae have a soft, jellylike center known as the nucleus. This nucleus is encased in a tough exterior, the annulus. When some of the nucleus pushes out through a tear in the annulus, this is known as a herniated disc. A herniated disc may also be referred to as a slipped disc or a ruptured disc.

Herniated discs can occur in any part of the spine, although they most often happen in the lumbar spine. It is often the result of age-related wear and tear on the spine. In some cases, however, a disc herniation can be caused by a fall or a sudden blow to the back.

A herniated disc does not always have symptoms. However, because there are nerves contained in the spinal cord, a disc herniation can result in pressure on one or more of these nerves. This can lead to symptoms such as:

• Sharp or burning pain in the arm or leg: Typically, a herniated disc in the lumbar spine will lead to pain in the lower body, including the lower back, buttocks, thigh, calf, and/or foot. A herniated disc in the cervical spine will cause pain in the shoulder or arm.
• Numbness or tingling: A herniated disc can cause radiating numbness or tingling along the body part that is served by the affected nerves.
• Weakness: The muscles that are served by the affected nerves can weaken over time. 

Disc herniation can also cause further complications, particularly if it affects the entire spinal canal. There is a group of long nerve roots, the cauda equina, that can be affected by a herniation. Cauda equina syndrome, which includes bladder or bowel dysfunction, worsening symptoms, and loss of sensation in the lower body, is a medical emergency.

Herniated discs are diagnosed through a physical exam and imaging tests, such as a CT scan, an MRI, or a myelogram. Nerve conduction studies and electromyograms (EMGs) can also be used to pinpoint any nerve damage. A doctor may also take X-rays to rule out other causes for the pain.

Typically, treatment for a herniated disc starts with conservative measures. This may include medications to help control the pain, along with physical therapy. Depending on your symptoms, a doctor may recommend over-the-counter pain medications like Tylenol or Advil, or prescribe a neuropathic medication, muscle relaxers, or opioid medications.

If conservative treatments do not work after a period of 6 weeks, then your doctor may recommend surgery. This is usually recommended when you have poorly-controlled pain, numbness or weakness, difficulty standing or walking, and/or loss of bladder or bowel control. During surgery, a physician will typically remove the protruding portion of the disc. In some cases, it may be necessary to remove the entire disc and fuse the vertebrae using metal hardware.

A disc herniation can be incredibly painful and disabling. It may limit your ability to work and to perform basic daily activities. If you have suffered a disc herniation as a result of an accident, our Long Island personal injury attorneys can work with you to help you get financial compensation for your losses.

Reach Out Today for a Free Consultation with a Long Island Personal Injury Lawyer

A herniated disc can be a devastating injury. Even with surgery, you might suffer from pain for years. Our Long Island personal injury attorneys will take this reality into account while we fight to get you the compensation that you deserve for your losses.

At The Odierno Law Firm Accident and Injury Lawyers, we represent clients in Nassau and Suffolk Counties who have suffered all types of injuries, including herniated discs related to car accidents and slips and falls. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island car accident attorney, give us a call at 631-973-6221 or fill out our online contact form.