What Is the Average Settlement for Herniated Disc in Florida?

The average herniated disc settlement varies widely and depends on factors such as the severity of the injury and how clear liability is. Typically, an average settlement could range from $50,000 to $350,000. However, severe cases that involve long-term treatment or surgery could result in a higher settlement. It is essential to seek advice from an experienced attorney who can analyze your case and determine what a fair settlement value is.

The Law Place can help you with your herniated disc case and provide you with advice on what you can expect from herniated disc injury settlements. Our team has over 75 years of combined experience and wants to help you with your personal experience, prioritizing the attorney-client relationship. We can provide you with a free case evaluation with a talented personal injury lawyer who can give you advice on your herniated disc’s settlement value.

To book your free case evaluation, contact The Law Place today at (941) 444-4444.

What Is the Average Settlement for Herniated Disc Injury in Florida?

It is difficult to appoint a single total as the average settlement for a herniated disc as each herniated disc settlement depends on the circumstances of the victim.

You may be tempted to use a ‘herniated disc settlement calculator’ to give you an idea of what amount of money you could expect from a settlement. It is important, however, that you get advice from a real attorney, such as through a free consultation at The Law Place, as they will be able to consider your personal experience in a way that an online herniated disc settlement calculator will not. In order to know what settlement you can expect in your herniated disc case, it is best to provide your personal injury attorney with details on the following factors.

What Factors Affect a Herniated Disc Settlement?

Several factors can affect herniated disc settlements. It is important to know what can raise or lower the settlement amount in herniated disc cases so that you can adequately prepare if you experience disc herniation due to the fault of someone else.

Medical History

Your medical history can have an effect on your settlement value. If you have had a prior back injury, especially disc herniation, then you may receive less compensation as your current injury could be seen as the worsening of a pre-existing condition rather than sustaining a new one.

If you are planning on bringing a herniated disc claim, then it would be useful to consider your medical records and whether you have had any prior spinal injuries in order to give you a better idea of how your settlement may be affected.

Severity of Symptoms

A significant factor in determining the average herniated disc settlement is the severity of symptoms. The more severe your symptoms, the more your life is affected, whether that be medical bills, lost wages, or your general pain and suffering. The more your life is affected, the more compensation you are entitled to, leading to a higher settlement.

Fault

If you are deemed to have been partially at fault for your injury, then the insurance may reduce your settlement to account for your involvement in your injuries. This is because Florida uses the system of comparative fault. For example, if you acted in a way after the accident that worsened your herniated disc injury, such as by delaying getting medical treatment, the insurance company may reduce your settlement by the percentage they deem to be your fault.

Pain and Suffering

You can get compensation for non-economic damages, such as pain and suffering, as well as economic damages. Non-economic damages are compensation that is subjective and for non-monetary losses. Pain and suffering damages are a type of non-economic damages that allows you to get compensation for the physical and emotional suffering that you have suffered as a result of your disc herniation.

Damages Associated With a Herniated Disc Claim in Florida

Your settlement amount is comprised of damages that are designed to compensate you for both your economic and non-economic losses.

Economic Damages

Your economic damages are the financial costs you have incurred as a result of the accident. This includes:

• Medical Expenses – All of the medical expenses you incurred as a result of the herniated disc injury and anything else related to the accident should be considered in your settlement. This could include hospital bills, medication costs, surgery, and physical therapy. If your injury is long lasting then your future expenses should also be reflected in your settlement. An experienced attorney may secure testimony from a medical professional in order to establish what your future medical costs will look like.
• Lost Wages – If your injury has resulted in time off work then you deserve to be compensated for your lost wages. If you will need to take extended time away from work, or if you will be unable to return to work in the same capacity then your future lost wages should also be considered.
• Property Damage – If the accident that led to your herniated disc resulted in property damage then you should also be compensated for the repair or replacement of that property. For example, if you were in an auto accident then your vehicle may need to be repaired or replaced.
• Other Expenses – Other expenses that you incurred as a result of your herniated disc could include travel to medical appointments, home modifications to accommodate your injury, and hiring help for household tasks you can no longer perform.

Non – Economic Damages

Non-economic damages are designed to compensate you for your losses that do not have a tangible monetary value. They are often a source of contention in personal injury claims but an experienced herniated disc lawyer will know how to calculate and evidence your non-economic damages.

• Pain and Suffering Damages – A herniated disc injury causes a lot of pain and emotional distress. Pain and suffering damages compensate victims for both physical discomfort and the emotional impact such as reduced quality of life.
• Emotional Distress – When someone suffers a serious injury from someone else’s negligence it is common for them to suffer from anxiety, depression, and even PTSD. These effects should be compensated for.
• Loss of Enjoyment of Life – A herniated disc is likely to stop you from enjoying activities that you took part in before the accident. For example, perhaps you can no longer attend an exercise class, or pick up your child.
• Loss of Consortium – Loss of consortium refers to the impact on your relationship with your spouse or other family members such as loss of affection and companionship. For example, if your spouse is made to care for you because of your injuries then this could have an impact on your relationship.

Punitive Damages

Punitive damages are only awarded in cases where the at-fault party’s actions were particularly reckless or intentional for example if a drunk driver caused the accident that led to your herniated disc then you could be owed punitive damages. They are designed to punish the liable party rather then to compensate the victim.

However, punitive damages can only be awarded by a Judge in cases that go to trial. Court cases are time-consuming and expensive so it is often in both party’s best interests to avoid it. Your attorney can advise you on what damages you could be owed based on the specific details of your case.

Can I Make a Personal Injury Claim For My Herniated Disc Injury?

If your injury occurred due to someone else’s negligence, then you may be able to claim for compensation. In order to establish negligence your attorney will first look to prove that the at-fault party owed you a duty of care, meaning they had an obligation to act in a certain way to protect people from harm. For example, all drivers owe a duty of care to other road users to drive safely and follow traffic laws.

Next, it must be established that the liable party breached this duty by acting or failing to act in a certain way. For example, if a driver ran a red light then this is a clear breach of duty.

The next element of negligence is causation which means that this action or inaction must have directly caused your injuries. If the driver who ran a red light ran into you and this was the direct cause of your herniated disc injury then this is clear causation.

Finally, the at-fault party action must have led to damages such as medical expenses, and lost wages. This makes up the value of your settlement.

A car accident is one of the leading causes of herniated discs caused by negligence. However, there are several other common causes, including:

• Slip and Fall – If you suffered an injury due to dangerous conditions on someone else’s property, then the property owner could be liable for your damages.
• Workplace Accidents – Workplace incidents are another common cause and could result in a worker’s compensation claim.
• Sports Injuries – Sports injuries can also lead to herniated discs. If someone’s negligence contributed to your injury such as unsafe playing conditions or improper supervision, then this could be grounds for a personal injury claim.

What if I am Partially At Fault For The Accident?

In Florida, you can still file a claim for compensation even if you were partially at fault. In 2023 Florida transitioned from a pure comparative negligence system to a modified comparative negligence system. Under this system, you can still file a claim for compensation so long as you are deemed to be less than 50% at fault – in this case, you will be unable to claim.

If you are assigned some degree of fault, then your claim will be reduced to reflect this. For example, if you were in a car accident where the other driver ran a red light but you were driving over the speed limit, then you could be assigned some degree of fault. If it is determined that you were 25% at fault for the accident, then your settlement will be reduced by 25%. So, let’s say you are awarded $100,000, your settlement would be reduced to $75,000.

In cases where liability is shared or uncertain the other party insurance company may look to exaggerate the part you had to play in the accident in order to reduce their financial liability. It is essential to have an experienced attorney fighting in your corner to ensure that you are not assigned fault unjustly.

How Do Steroid Injections Affect a Herniated Disc Settlement?

Steroid injections are a type of medical treatment that is sometimes used for bulging discs if painkillers or other treatments, such as physical therapy, are not helping a person’s condition improve. These injections help those with a herniated disc by reducing pressure on nerves as well as swelling.

If you have had to receive steroid injections for your disc herniation, then it may allow you to receive a larger herniated disc settlement. This is for multiple reasons. First, the injections may mean that you will have to pay for increased medical bills. In that case, you can have your medical bills compensated if your herniated disc was the fault of another person.

Second, the process of getting steroid injections can be painful and potentially even traumatic. If you felt this during your experience, you could also get compensation for the pain and suffering you felt. If you wish to bring this point forward in your case, it may be useful to either record yourself getting the injections to show how much pain, both physical and emotional, you experience or get an expert medical testimony.

How Does Spinal Fusion Affect the Average Herniated Disc Settlement?

Spinal fusion surgery is a major surgery involving the fusion of multiple vertebrae in your spine. It is sometimes done in extreme cases in order to give the spine greater stability if a herniated disk has been removed.

If you have had to have surgery as a result of disc herniation, then it is highly likely that the settlement value for your herniated disc case will be higher than the average. This is because you will have had to have paid greater medical bills, had your ability to work affected, leading to lost wages, and will have understandably felt more pain and suffering than someone with a minor injury.

What Is a Herniated Disc?

Between the vertebrae of the human spine are soft cushions of tissue. A herniated disc, also known as a slipped disc, involves one of these cushions of tissue slipping or pushing out from between the bones of your spine. In addition to this, a disc herniation may occur when the center of the disc slips through the rubber-like covering of the disc.

Disc herniation is a painful injury that can occur in a number of situations. It is common to sustain a herniated disc in car accidents. This is due to the force of car accidents and how they put pressure on the spine. It is also possible to sustain herniated disc injuries from other situations where a great amount of force is put on the spine.

What Are the Common Symptoms of Herniated Discs?

There are a number of symptoms that you may face if you have a herniated disc. These range beyond just back pain as herniated discs can affect the nerves in the spine, which are connected to various parts of the body.

Common symptoms include:

• Back pain.
• Neck pain.
• Muscle weakness.
• Numbness/tingling in your arms and/or legs.
• Weakness.
• Problems when bending or straightening your back.

It is important once you notice the symptoms of a bulging disc that you get medical treatment. As disc herniation injuries concern the spine, allowing your condition to deteriorate can cause you further, more significant complications ranging from bladder or bowel dysfunction to partial or even full paralysis. For this reason, it is important that you get compensation if your disc herniation was from an incident that wasn’t your fault so that you do not have to worry about medical bills.

Why You Should Choose The Law Place

The aftermath of a personal injury accident, especially one that results in a rehabilitating injury such as a herniated disc is traumatic. It is important that you have the proper support from an experienced attorney so you can focus on your recovery.

At The Law Place, we have over 75 years of combined experience helping personal injury victims in Florida. Regardless of the circumstances of your case, we have the skills, experience, and resources necessary to fight for maximum compensation.

We approach each and every case as a team so that you can benefit from the experiences of all our attorneys. You will also be assigned one attorney whose skills are most suited to your case and who will become your advocate. They will fight in your corner and will be on hand to answer your questions and guide you through the settlement process – from gathering evidence, to negotiation, and into trial if necessary.

We offer a free consultation at no obligation. If we believe you have a valid claim we offer our services on a no-win no no-fee basis. We receive nothing if your case does not succeed, and if it does we take a pre-agreed percentage of your settlement. There are no surprise bills and you can never be left out of pocket.

If you do agree to representation we will get to work quickly to gather vital evidence. If necessary we will draw upon experts such as accident reconstruction and medical experts to ensure that you have a strong case.

We will handle all negotiations with insurance companies on your behalf, so you can focus on getting better. Remember the role of insurance adjusters is to pay you as little as possible – they may offer you a quick settlement in hopes that you will accept less than your case is worth. Your attorney will advise you every step of the way so you can focus on your recovery in the knowledge that everything is in hand.

The majority of cases are settled without the need to go to court. Court cases often take up a lot of time and resources and so it usually benefits both parties to settle without the need for court intervention. However, if your case does go to court we will be prepared to represent you – our attorneys have a wealth of experience both at the negotiation table and in the courtroom.

Our past client reviews speak for themselves and many of our attorneys have the highest possible rating on AVVO – which is an independent review site that rates attorneys based on things such as trial results, years of experience, awards, client reviews, and more. To learn more do not hesitate to contact us. We keep our phone lines open 24/7 so we can assist you when you need it most.

What Is the Average Settlement for Herniated Disc in Florida? FAQ

What is the average herniated disc car accident settlement?

While every case is unique the average herniated disc settlement could be around $100,000 to $350,000, depending on the specifics of the case. Regardless of how your herniated disc occurred – if it happened through an accident that wasn’t your fault such as a car accident, slip and fall, or workplace accident, you should still be able to claim for your damages.

How long do herniated disc injury cases take to settle?

The length of personal injury cases involving a herniated disc varies widely and depends on factor such as the case complexity, the severity of the injury, how clear liability is, and how willing each party is to negotiate. It could take several months to a few years to reach its completion. At The Law Place, we strive to move your case forward as quickly as possible without compromising on how much compensation you receive.

If I have pre-existing conditions, how will this affect my herniated disc settlement amount?

If you have pre-existing conditions that affect your back such as degenerative disc disease or other spinal cord issues, it may impact your settlement amount. Insurance adjusters may try to argue that your current injury is a result of your pre-existing condition and not the accident. However, an experienced attorney will fight to demonstrate that the accident worsened your condition and that you are still owed compensation. Medical evidence is essential and you should seek medical attention as soon as possible after the accident occurred.

How much does it cost to secure legal representation for herniated disc injury claims?

At The Law Place, our attorneys work on a contingency fee basis. That means we don’t get paid anything unless we win your case – in which case we take a pre-agreed percentage of your settlement. If your case is unsuccessful, we will not receive anything – so you can never be left out of pocket for reaching out for help. It is also worth noting that most personal injury victims who secure representation end up with a higher amount of compensation even after legal fees are taken into account thanks to the experienced guidance and support a good attorney offers.

What are the key contributing factors to my settlement value?

The key factors that contribute to a settlement value are the severity of your injuries, your medical expenses, lost wages, and non-economic damages such as pain and suffering and the impact the injury has had on your life. How clear liability is also plays an important role. When determining what a fair settlement looks like it is also essential that your future expenses are considered such as future medical expenses and lost wages. An experienced attorney will know how to calculate and evidence this so you are not left out of pocket in the future.

How does a herniated disc occur?

A herniated disc occurs when the soft inner gel of a spinal disc leaks out through a tear in the tougher outer layer. This can result from sudden trauma, such as a car accident, slip and fall, or workplace accident. It can also happen due to aging or repetitive stress, however, these causes are not grounds for a personal injury claim.

Contact The Law Place Today!

If you have sustained a herniated disc from an incident that wasn’t your fault, then contact The Law Place for your free consultation today! Our team of dedicated personal injury attorneys, with over 75 years of combined experience, have knowledge on herniated disc claims and want to help you to recover compensation for your injuries. We can provide you with a free case evaluation and provide you with an estimated settlement for a herniated disc lawsuit and give you advice on how to recover compensation.

To book your free consultation with a personal injury lawyer, contact The Law Place today at (941) 444-4444.