How Much is a Herniated Disc Personal Injury Settlement Worth? Kelly Law Team
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- Опубліковано 4 жов 2024
- How Much is a Herniated Disc Personal Injury Claim Worth? Kelly Law Team answers questions. Feel free to post comments below the video and John will get back to you with an answer.
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Transcript:
Hi this is John Kelly of the Kelly Law Team. I just wanted to talk to you about a very common injury that we deal with as personal injury attorneys, which would be a bulging disc, or a herniated disc in an auto accident. I wanna give you some factors on how to calculate the value of these kind of claims, and to give you some pointers to make sure that you're doing everything you can to maximize the amount that you receive in this kind of injury. Like I said, it's a very common injury that we see diagnosed. One of the things that we have to establish in any personal injury claim that you're gonna need to be aware of when you're calculating your damages is, fist off, how much of that fault the other party was, or you were in the accident. So for instance, if you were in a common accident, which would be a rear end accident, say the police officers showed up, they took a report and they cited the other person for rear ending you, in that instance, almost always, the adverse insurance company, the one that hit you is gonna have to take 100% responsibility. There are circumstances where that doesn't apply, but that's not something we need to go into here. At that point, when you're calculating your damages, you're gonna be able to recoup 100% of your damages. Now if you are in a different kind of accident, say it's some kind of a T bone accident, or it's a lane change type of situation, and the insurance companies may attribute some fault to you. They may say you're 20% liable for this accident. Now that can be changed if you can dispute it and provide evidence, but if that ends up being the amount that you're attributed, you have to change your calculation. So you have to say, if I'm 20% liable for the accident, I have to deduct 20% from my settlement at that point. So if your settlement, for instance was $1,000, at that point, you're 20% liable, you can only recover $800. So that's how that would be factored in. If you are considered to be partially at fault, that doesn't mean you don't have a case, it just means that you may have to reevaluate your calculation. So some of the tips that I have to make sure once you do know that you have this type of injury to make sure that you're covering the full amount is to gather all of your medical records that you have related to the accident from all your providers. Now if you went to the hospital, you're going to want to order those almost immediately after the accident. That can take some time to get. You also wanna get any kind of billing records with that, so you wanna order the full bills and records, and that applies to any physical therapy, any chiropractic work, orthopedics that you go to. Anyone who you're referred out to, you wanna make sure that you're ordering those full bills and records, especially after you're done treating. The other thing that you want to do is you want to make sure that you're getting diagnosed properly by your doctor, and you have to somewhat rely on your doctor to do this, but most good doctors, when you're complaining about a back injury are going to do some sort of an x-ray or a CAT scan. And you should be able to, at that point, see if there was a herniated disc in the actual results of that. So if you can, get a hold of those results so that you can send those off to the adjuster that shows that it was there. One of the things that adjusters often look at is whether the herniated disc was something that is more of a degenerative situation from older age, or if this was caused by an acute injury. If you have past scans of your back that don't show that injury, that bulging disc, that can be very helpful to establish that, but also your doctor should know how to document the file to you know, to see if your symptoms match an acute injury of a bulging disc in that type.
All i want $5000 after doctors and lawyers fees, other person got a ticket..... I am still waiting ....
But then again he accelerated after standing perfectly still, car damage is only $2, 000 but my herniated disc is bothering me...cars can be fixed but herniated disc can be for life...
I've been diagnosed with degenerative disk disease in 2018 my neurologist put in three different referral for surgery last year.i had a surgeon in town blew me off now getting the run around with two hospital. Its taking over my life at this point.
Very helpful information, thank you.
I cannot even get an attorney office on Austin Texas to call back. To even file a case.
Keep trying try looking for a local attourney I had to call 10+ attourneys and finally one took my case *local* but is working really well on my case . I'm still waiting but i'm not done with treatment yet. But yean no one in austin or san antonio wanted to take my case it was a local attourney who did.
Ok heres what happened i was rear ended at 45 plus i was dead stop left
Shattered heal ripped rotator cuff right 3 disc in neck c2 c4 c5 and L 1 smashed or compressed l2 l3 l4 herniated and L5 compressed or smashed broke a tooth constant head ach and ringing in the ears.. my hearing been checked my ent is 98% sure that its a brain injury i loose my ballance from time to time... i was never hurt before I am a HD diesel mechanic i used to put 5.9 and 6.7 Cummings heads on my shoulder and carrie them now i cant do 120 lbs i hired Craigswapp..
Great info thanks. A driver merged into my lane and caused a collision. His insurance denied claim due to Contributory Negligence in VA. Even though I was riding my brakes the whole time but didn't slam on my brakes. I have an officer who watched CCTV and wrote me an email saying it was the other drivers fault. I have video where the other driver says it's his fault but with a thick accent. I have photos where my car is nearly parallel to the curb and other driver is halfway in my lane. I have no idea what other evidence I need to plead my case. My insurance took it to Insurance Arbitration. The outcome says I was partially at fault for not jamming my brakes. I asked for transcripts but have been ignored. In VA, if you're 1% at fault you get nothing. My hands are tied. Do I have any options to me? Oh, and also my rates went up and I'm in a database with an at fault collision. This is nuts. Thank you
How about 3 herniated disks with the offending party 100% responsible.
I just got rear ended, just got sent to an MRI and also have 3 herniated discs, same question as you there.
Did you receive settlement and how much?
Any updates?
Still didn’t say how much is the settlement worth
My wife was rear ended by a man on duty, in a company truck. 100% their fault. A year prior to this she herniated her disk requiring surgery and physical therapy, she has before(injured) and after(repaired) x rays from her surgeon. When she was rear ended recently, it herniated the same disk, it will require surgery(she went through the pt, injections, and epidural, still has nerve pain) what kind of claim can she possible see with something like this? She was offered 15k, we declined and are lawyering up. We have small kids that she can’t pick up, she is a teacher and coach, it has severely affected her occupation because of the pain. She is gaining weight(can’t exercise), and has severe anxiety over it. Thanks from Texas.
Hi Matt, sorry to hear about your wife and her injuries. It is common to see preexisting injuries get aggravated from new collisions. If you take an injury to the spine that was not in need of surgery, and causing it to now have a surgical recommendation is significant. I don't have all the details, but I'd say you are smart to retain counsel on this because a 15k offer sounds insufficient. With a rear end accident, liability should be clear, the issue that you may run into is that the insurance company may try to claim that the collision did not cause the injury to need surgery. I've seen the defense often argue that the force of the collision was not great enough to cause the injury, and even if it was, surgery is not needed. They even will hire experts, one of which could claim the collision did not have enough force, and another surgeon to argue that surgery was not needed in the circumstances. As you can see, it gets complicated and you will want a competent attorney to counter these defenses. If they come up, many attorneys will help you retain experts to make it clear that the injury was caused by the collision and that surgery was necessary. I wish you the best.
@@KellyLawTeamPhoenix she has proof the area was surgically repaired previously(by a great surgeon with a great reputation) and was 100% healed. She received mri, and x ray after the accident and is clearly injured. Surgery is 100% needed. The force was great enough that the rear bumper, hatch, tail lights,etc needed replacement.
@@matt6951 What about impact bars? absorbers?
I never heard an amount, wasnt that the title of your video and/or the reason?
The amount will vary depending on the factors that I went over in the video. The bottom line is that getting the scans done will help you add value to your claim.
Im 27 yrs old. I went and ask different attorneys about my case, showed them my medical scans and results of the incident (2 minor lumbar herniated disc, but 1 needs to be removed do to the pain. 2 minor herniated disc on the neck, but still cause pain). Im do to get the most invasive surgery on the lumbar disc that is affecting me the most. I had 2 separate chiropractic therapies and 3 spine injections and nothing helped.
And even if they all claim that they can tell you what your case is worth, at the end they end up saying they cant really tell you or give you an amount until they take your case and fight it. I got one, and even they cant seem to tell me what my case is worth.
@@diegogonzalez9086 I would agree with your assessment. There are far too many factors to make it an exact science.
Currently in the process of a huge case by what everyone has been telling me but I would want to speak with someone with experience & creditbility like yourself. I am also in the Phoenix AZ area by any chance do you have an email to get a hold of you & see if you can help with a few questions.
You can email me at john@klawteam.com
Sorry but x-ray CAT scans do not show herniated disc 👀
One year ago I was a pedestrian that was struck by a van and it was 100% her fault. It was all caught on video and she accept full blame. I've had many steroid epidural injection blockers and the nerve Burns, physical therapy, countless doctor visits, medications that have wreaked havoc on my body, and pain every single day from the pinched nerves in my back. My medical bills are in the tens of thousands of dollars and surgery is probably the next step. My attorneys paralegal who has handled my case has not been completely clear or honest with me at all through this process and I've been informed that I was offered $21,400 which is not even enough for my medical bills. Should I settle and take what I can get or am I right when I think that this case is worth far far more?
How much insurance the other party had
It would be difficult to say whether the offer is fair without really diving into your medical records and reports from the accident. It may be helpful to schedule an appointment with your lawyer to sit down with them and have them walk you through their analysis of the claim.
Yeah in that case if u need excessive treatment you’ll need a lawyer
How does this apply to a workers compensation injury. I've got a herniated cervical disk with ostyophyte pressing on my nerve. Never had a problem until an incident at work. EXTREME PAIN for 6 weeks so far with no relief. I doubt I'll ever do my current job again. I am facing surgery. Do you recommend an attorney?
$175000
Thank you for posting some great videos! I just began settlement negotiations on a no fault PIP claim. (Back injury) I want to include my risk of possible future surgery in the math, but the insurance company won't include surgery into the settlement calculation. My adjuster asked if I would consider a partial settlement. Leaving surgery, if needed, "reviewable for consideration." This is initially appealing, because I don't see surgery in my future, but if it ever does come to that I can imagine the "reviewable for consideration" turning into a sticky wicket. Can you offer any insight? Thanks.
It depends on what your doctor says your likelihood of needing surgery is. If it is highly likely, you will want an written opinion and possibly a life care planner to give you more concrete details for the adjuster. If it is unlikely but possible, you may have a hard time getting the adjuster to agree to include a dollar for dollar forward of the expense. You may want to reach out to an attorney in your state and get a consultation about what they would do if this is a big portion of your claim.
How long did a take for them to cut the check for you ?
i was rear ended at a dead stop because the girl was on her phone. She was going maybe 40 mph. She did $7000 to my car wroth $10000 (surprised they didn't total it). They found 3 budging discs in my neck and 1 in my lower back. Still have leg twitches and pain some days when I wake up. Ive had 2 MRI's...Xrays...2 months of PT. I hope I get something out of this because its been ridiculous lol.
Hi David, sounds like you have a good chance to recover for your medical bills and pain and suffering. Typically, anyone who rear-ends your vehicle will be held to be at fault for the accident. The next step is to make sure the at fault party has insurance. I'd be curious to know if the police came to the scene and investigated. Hopefully they gave you her insurance information. You will also have the possibility to recover from your own insurance policy if you have uninsured motorist coverage. Feel free to give me a call if you'd like to consult regarding your accident. Our number is 602-283-4122.
Yah that's were I messed up. When I was hit I blacked out for a second then was in shock ( because of first accident stuff I guess). She called her mom out and she said not to call the cops. I insisted but she said no so I went with it. After driving my broken car back to work I realized I should of called the cops. Her insurance did pay for my car (took a month). Its nuts. I had enough time to realized she was going to hit me...put my car in first gear and scooted it to the left a little do I didn't hit the 100k BMW in front of me. Thank god I did that too because when I woke up the BMW was directly to the right of me.
@@David-qf8pr Sounds like a very traumatic experience. Like I said, happy to discuss your possible recovery.
Thanks for making this video my herniated disk has ruined my back and even after an epidural im still in pain every day.
I am an Uber driver and I was rear-ended by someone who is driving a Hertz Rent-A-Car I have about $16,000 in medical fees $4800 in car damage. I also have a fractured cartilage in my nose from hitting the steering wheel when it happened so now I have a deviated septum and I can’t breathe out of my left nostril. I suffered a bit of a mental break down from not being able to work and all of this because of the accident and had to start going to a therapist. do you know a ballpark of what kind of settlement I’m looking at?
I just file lawsuit after one year of dealing wit medical treatment. I can answer ur question if you any.
Ali Haji what type of treatment you get. What type of offer did they offer you
Did you receive settlement? And how much?
Hello, few years ago I had an herniated disc from the stores that I used to work. Do you think the company will pay for healing it?
Thanks
You may want to reach out to a workers compensation attorney in your area on with this question. It is possible that you will have a claim, but I wouldn't be able to tell you for certain unless I practiced in your state.
@@johnkelly8670 thank you for answering
50k
Yes I didn't know why my neck and my back hurts so much and when I turn my neck it was a Sharp pain decided to see an attorney and that's when they found out that I had all this stuff wrong with me and my hand was swollen but I don't hear much from him and therapy is almost over and now have an appointment with the insurance company because they want to cut me off
Wht about disc replacement damaged nerve in neck. I have a straight spine in neck and suppose 2be a curve. Whts tht worth
If you were required to have a surgery to replace a disc you will have a much more valuable claim than a simple herniated disc. I've often seen cases were surgery is required settle for multiples of what cases that only require physical therapy. I would be difficult to tell you exactly what your claim is worth without a consultation on the phone as I would have several questions for you.
Kelly Law Team 803 288 6981. Plz do
@@KellyLawTeamPhoenix can you get compensation without having surgery,I mean if you refuse surgery
Greetings. I had a first time car accident back in March 28th in Florida. I was the front seat passenger and the car I was in was t boned on my side. To my knowledge both parties involved were insured and the car that hit us was at fault. I have completed chiropractic therapy and was referred to a Orthopedic my MRI showed I have a tear, a bulging disc & a herniated disc not sure which has the tear. I was told I may receive some form of injection into my spine. I am 37 years old I still sometimes experience pain in my lower back and neck discomfort. The lawyer assistant told me yesterday their in the next phase of the legal process and at this point all I can do is wait & that it will take several months at minimum to reach a fair settlement. What could or should I expect roughly?
Thanks for the question. I'd like to give you a rough estimate, but your attorney who practices in Florida in the jurisdiction you were injured will have a much better knowledge base on what your type of injury settles for in your location. Every state is different and I only practice in Arizona so it would be difficult for me to give you a good estimate, especially because I haven't reviewed your records. Most attorneys will sit down with you and run you through possible outcomes. I'd recommend calling first and making an appointment so your attorney can prepare to review your medical records before you meet with them.
John Kelly I totally understand your argument even so what estimate would you have for a client in Arizona with my exact situation with all the details involved.
Hi! I have a few questions. I was rear ended and the other party was completely at fault. I got my MRI back and it says “annular disc bulges from C4-C6” is this the same as a bulging disc? It also says disc narrowing and disc desiccation but I was wondering if this is the same as the bulging discs and would be able to get the same compensation. Thank you
I will not be able to give advice regarding your injuries without reviewing the records and speaking with your doctor. However, it sounds like you may may have a herniated disc. There are situations where doctors will tell you they are related to the accident, but others where the doctor may say the bulging is not related to the accident and only degenerative. You may want to follow up with your doctor for an explanation. I do think there is a good chance you can make a claim so you will want to reach out to a local attorney in your area.
I got C4 C6 C7 and a torn ligament in my scares dumb got rear-ended doing therapy and they are shooting me up with epidural shots the pain is crucial you think there's a good amount off money involved car was a total loss kids insurance company didn't care about the car they just kept asking me over the phone do I have an attorney
Insurance companies sometimes assume people will hire an attorney after an auto accident. If you are represented, they wouldn't be able to speak with you without your attorney's consent. Sounds like your injuries are serious and I think it would be a good idea to at least call a personal injury lawyer for a consultation. Many, including myself, offer free consultations.
John Kelly what’s your number ?
@@Skykon4L 602-283-4122
My chiro gave me 3 bulging discs in my neck and 2 are against my spinal canal very painfull just in my neck. Can I sue
You can bring a medical malpractice claim. I would contact an attorney in your state and explain the details. You may be able to bring a claim against them if you can prove the chiro caused the injuries.
@@KellyLawTeamPhoenix I have the ct scan they definitely have made damage, I'm seeing a lawyer already and they are keen, thank you
@@KellyLawTeamPhoenix thank you. I need this. I've been seeing a chiro for 2 hernias. A year later, several epidural steroids, Now I have 5.