Did someone else’s negligence leave you with a herniated disc? If so, you could be entitled to compensation for your injuries and pain and suffering. Speak with an experienced Colorado personal injury lawyer at McCormick & Murphy today to find out what your legal rights are.
Herniated discs can be very painful and leave you unable to perform your day-to-day activities. When your injury results from another party’s negligence, pursuing a Colorado personal injury claim can be stressful. Understandably, some prospective clients come to us wanting to know the average herniated disc settlement. Your potential settlement for a herniated disc depends on the circumstances of the accident and several other factors.
What Is the Average Settlement for a Herniated Disc from a Car Accident in Colorado?
Because every case is unique, it’s impossible for us to provide you with a figure representing the average amount victims receive in a herniated disc lawsuit. These are common injuries in personal injury cases, especially car accidents. Unfortunately, insurance companies often contest herniated disc injuries. They want to show your herniated disc is a pre-existing condition, so they can reduce or eliminate their potential payout.
What Factors Affect Settlement Amount?
Every personal injury claim is different, including car accidents. That is one reason why it’s impossible to provide an average settlement for a herniated disc in a car accident. Various factors will impact the value of your potential settlement. Some potential clients inquire whether we use a herniated disc settlement calculator in Colorado. When you understand what factors impact your claim, it becomes apparent why it’s not possible to use a claims calculator.
Here is a look at some of the most important factors that impact your potential settlement for a herniated disc.
Pre-existing conditions aren’t necessarily a deal-breaker when it comes to obtaining compensation for a herniated disc injury. If you have medical records that show a pre-existing condition but that the accident aggravated it, you could still be entitled to receive compensation.
If you lost time from work due to the pain of your herniated disc, your potential settlement could include your wage loss. The higher your wages, the more compensation you could be entitled to receive.
Your injury prognosis is also important. If your herniated disc is uncomfortable but not permanently debilitating, your settlement value will be lower than another person with more severe complaints. Someone who is permanently disabled and unable to complete their activities of daily living alone will likely have a higher case value.
If there is clear evidence that your herniated disc was caused by the auto accident, and that you will require surgery, then the settlement value will be significantly increased.
Liability has an impact on your potential settlement value. If you are a percentage at fault, you might still receive some compensation. However, your total settlement or jury award will be reduced by your percentage of fault. In some cases, your own liability could bar you from recovery entirely. Colorado is a comparative negligence state. If you are 50% at fault or higher, you will not be ineligible to receive any compensation.
Your age can impact your potential settlement as well. If you are older and retired, your compensation could be reduced because you don’t have any lost wages.
Pain and Suffering
Pain and suffering can be a significant amount of your potential settlement value. Someone with a more severe herniated disc likely will have a higher claim value due to increased pain and suffering. Pain and suffering falls under general damages, which also include emotional anguish, loss of consortium, anxiety, loss of enjoyment of life, and post-traumatic stress. No two people will experience the same physical and emotional pain, which is why damages can’t be accurately determined using a claims calculator.
What If I Got Steroid Injections?
If you try conservative treatment options that do not work, your doctor might recommend steroid injections or nerve root blocks. Initial steroid injections usually involve injecting epidural steroids directly into the spine. This procedure can reduce pressure and swelling on your nerves. If the epidural steroid injections do not work, your doctor might move to caudal injections or nerve blocks. Any of these treatments can be expensive. If steroid injections are required and justified, the past and future cost of those can be calculated into a possible settlement.
In general, steroid injections can increase the value of your settlement. Not only are they expensive, but they can also be very painful and traumatic. When you have a skilled attorney from McCormick & Murphy, P.C., representing you, we will fight for added compensation for the painful and scary experience of having injections directly into your spine.
How Do You Prove Damages?
Proving your damages is crucial if you hope to receive the maximum compensation possible. One of the best ways to prove your damages is by hiring an experienced Colorado personal injury lawyer. Your attorney will gather all the necessary evidence, including:
- Documentation on your medical condition and any potential pre-existing conditions;
- Diagnostic tests and other tangible proof of your herniated disc;
- Proof of your lost wages, property damage, and any other related expenses;
- Statements from eye-witnesses; and
- Whether you will need surgery and any other future medical costs;
What Will My Settlement Check Cover?
Your potential settlement check could cover a variety of damages. Some of these items include:
- Emergency room and hospital bills,
- Doctor visits,
- Diagnostic tests,
- Physical therapy and rehabilitation,
- Lost earnings to date,
- Future loss of earnings,
- Future medical expenses,
- Physical pain and suffering,
- Diminished earning capacity, and
- Diminished quality of life.
If you sustained permanent injuries or received a disability rating, you could be entitled to additional compensation.
How We Can Help
Pursuing a herniated disc claim can be complicated. You need someone who understands that and can protect your rights throughout the process. After suffering a debilitating back injury, you deserve to be compensated for your injuries and pain and suffering. If you are unable to work and you are concerned about paying for the treatment you’ve already had, let our skilled legal team help. Contact McCormick & Murphy today to schedule an initial consultation.
Our team has over 50 years of combined experience, and we’ve recovered millions of dollars on behalf of our clients. Let us put our expertise to work for you and help negotiate the highest herniated disc settlement possible.