Herniated disc pain can be excruciating. When your herniated disc is the result of someone else’s negligence, you might be under additional stress, wondering who will pay your medical expenses.
Understandably, many prospective clients want to know the average settlement for a herniated disc. Various factors impact the value of all personal injury claims, including herniated disc lawsuit settlements.
To understand what your claim is worth, you need to speak with an experienced Indiana personal injury lawyer at Gerling Law.
What Are Average Herniated Disc Settlement Amounts?
There is no average range for herniated disc settlements or any other type of personal injury claim. It’s impossible to provide a typical settlement value because each case is unique.
While herniated discs are one of the most common injuries in a car accident, they are often one of the most contested by insurance companies. Insurance adjusters are quick to point the finger at a pre-existing condition.
Diagnostic tests can show you have a herniated disc, but they won’t tell the doctors when your injury occurred.
Even if you do have a pre-existing herniated disc, it does not necessarily prevent you from getting compensation. For example, you might be entitled to a herniated disc car accident settlement if the collision aggravated your injury.
You might be researching compensation for herniated disc car accidents online and wondering why an insurance calculator won’t work to provide an average settlement amount.
There is no such thing as a herniated disc settlement calculator—at least not an accurate one.
Using an online calculator for your injury claim will not give an accurate value because online calculators are simply incapable of considering all the variables that influence your claim.
Factors That Influence Your Herniated Disc Settlement Amount
To reach a potential value for a herniated disc injury, we look at various factors that impact your claim. Some of the most important ones include:
- Your age;
- Your medical history;
- Any pre-existing conditions;
- The prognosis of your herniated disc;
- Who caused the accident;
- Your total damages, including medical expenses and time off work; and
- Your pain and suffering.
All cases are unique, which means these factors will vary from case to case.
For example, older people may not have lost earnings because they are retired or not working a full-time job. Or if your prognosis for recovery is not good, you could have a higher figure for pain, suffering, and additional medical expenses.
When you retain Gerling Law to represent you, our skilled legal team will help you calculate the total value of your damages and advise you on what a fair settlement range would be.
How to Prove Damages in a Herniated Disc Injury Case
Proving liability is a crucial part of successfully pursuing a herniated disc settlement. Indiana is a modified comparative negligence state.
That means if you share fault for the accident that caused your herniated disc injury, you still might be eligible to collect a portion of your damages. However, you cannot be the primary cause of the accident.
For example, if a jury finds you 20% at fault, you could still collect 80% of your damages. If you’re 50% at fault, you could collect 50%. Unfortunately, if you are 51% or more at fault, you will be barred from recovery.
Because of this law, insurance companies will look to place the maximum amount of fault on you whenever possible.
This tactic reduces their potential payout or may even eliminate it if they can show you were at least 51% at fault.
By hiring our skilled Indiana personal injury lawyers, we can protect your rights and work tirelessly to prove liability and damages against the at-fault parties.
Why Hire an Indiana Personal Injury Lawyer for Your Herniated Disc Claim
You need a legal advocate on your side. Unfortunately, insurance companies rely on the fact that you don’t know the legal process or how to calculate your total damages and negotiate a settlement.
At Gerling Law, our top priority is to protect your rights and help you pursue the maximum amount of compensation possible.
We will request all relevant records that show proof of your herniated disc, such as an MRI. We will also obtain all your prior medical records to establish whether you had a pre-existing condition or spinal pain complaints.
If necessary, we will hire a medical expert to review your medical history and testify whether the accident caused your herniated disc or aggravated a pre-existing herniated disc.
If there were any witnesses to your accident, we will get their statements as well.
Contact Gerling Law
If you sustained a herniated disc in a car accident—or in any type of accident—contact Gerling Law today to learn how we can assist you.
We have decades of experience helping injured victims just like you. We always put our clients first and will do what’s best for you. We have a proven record of success, recovering more than $500 million to date for people in the tri-state area.
Call our office or use our online contact form to schedule a consultation. The sooner you contact us, the sooner we can start working on your case.
Gayle Gerling Pettinga
Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.
Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.
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