What’s the Average Settlement for a Herniated Disc Injury in Texas?

Michael GrossmanJanuary 29, 2022 4 minutes

A car accident is a traumatic experience. To make matters worse, if you sustained a herniated disc injury in the process, you may be in pain and are wondering what you can do to recover. 

If you've sustained a herniated disc injury you know that you need compensation to cover you medical bills, missed work, and other losses that have caused you harm.

To maximize your herniated disc settlement you should speak to an experienced Texas personal injury attorney for a free consultation to discuss the prospects of your claim.

The personal injury lawyers at Grossman Law Offices have extensive experience representing injury victims throughout Texas. We know what it takes to achieve a successful settlement, and we will fight to get you the largest settlement possible.

What Factors Influence the Value of a Herniated Disc Settlement in Texas?

Determining the value of your potential herniated disk car accident settlement is one of the most important parts of your case. Your settlement value is what will allow you to recover from your injuries. But what is your herniated disc settlement worth? 

Unfortunately, there is no precise equation for determining your settlement amount. However, there are ways of anticipating what your ultimate settlement could be.

Like in any other personal injury lawsuit in Texas, your settlement value will primarily come from your compensatory damages. Compensatory damages are designed to make you “whole” after your accident and allow you to recover from your injuries. These compensatory damages are sometimes broken up into economic and non-economic damages. 

Economic Damages

Economic damages are those that help compensate for your physical damages and losses. Examples of economic damages for which you can receive compensation include: 

  • Property damage resulting from the accident;
  • Medical expenses related to your herniated disc and other injuries; and
  • Lost wages and lost earning capacity.

Depending on the extent and severity of your injuries, property damage, and time away from work spent in recovery, your economic damages may make up a large portion of your settlement value. Thus, it is imperative to have someone in your corner who can help ensure that you receive compensation for all of your economic losses.

Non-Economic Damages

In addition to economic damages, you may have a claim for recovery of non-economic damages. Whereas economic damages generally help compensate for your out-of-pocket expenses related to physical damages, your non-economic damages will help you recover from your emotional losses. 

Non-economic damages for which you may receive compensation in your herniated disc accident settlement include: 

  • Pain and suffering
  • Disfigurement, 
  • Loss of enjoyment of life, and 
  • Loss of consortium. 

You might be wondering what kind of monetary compensation you can receive for these types of damages. In fact, compensation for non-economic damages can often be even greater than your economic damages. 

An experienced personal injury attorney can work with you to identify what non-economic damages exist in your case. Then, we can help you assign a dollar amount to those damages and fight to maximize your settlement.

What Is a Herniated Disc?

According to the American Association of Neurological Surgeons (AANS), a herniated disk is a “fragment of the disc nucleus that is pushed out of the annulus, into the spinal canal through a tear or rupture in the annulus.”

Put more simply these “disks” are essentially cushions with a soft center and rubbery exterior located between spinal bones. A herniated disk results when some of the soft center pushes out through a rupture or tear in the rubbery exterior. A herniated disc can also be referred to as a bulged, slipped, or ruptured disc. 

It is important to understand some basic information about herniated discs. This can help you identify whether you may have sustained a herniated disc so that you can start taking action to begin recovering. 

Herniated Discs: Location within the Body

A herniated disc can occur in any part of the spine, from your lower back up through your neck. This is because these discs are located between each vertebra in the spinal column.

When one of these discs is displaced, it can press on nerves in the spine, resulting in severe pain. 

How Does a Car Accident Cause a Herniated Disc Injury? 

In a car accident, where trauma to and impact on the body can be severe, the likelihood of a herniated disc increases. This is because the stress placed on your spinal column in a car collision can easily cause your vertebrae to shift out of place. 

Additionally, it is important to note that certain individuals may be more susceptible to herniated disc injuries. Because disc material degenerates with age, older individuals may be more at risk. 

Common Symptoms of a Herniated Disc

It is important to be able to identify signs of a herniated disc. Common symptoms indicating that a herniated disc might exist include: 

  • Sudden and intense lower back pain;
  • Pain in the neck or between shoulder blades;
  • Sharp pain in the legs or feet; and
  • Numbness in back, legs, or hands.

If you were involved in a car accident and are experiencing any of the above symptoms, this may be a sign of a herniated disc. You should seek medical attention as soon as practicable to assess your injuries.

Testing and Diagnosis 

A physician can conduct a physical exam to help determine the cause of your pain. These types of exams will frequently assess: 

  • Tenderness in your back,
  • Reflexes, 
  • Muscle strength, and 
  • Walking ability.

In addition to physical tests, a physician may also use imaging tests to identify a herniated disc. The most common method of testing for a herniated disc is through the use of magnetic resonance imaging (MRI). However, it is important to note that a herniated disc cannot be identified using an x-ray. 

Without verifying your injuries, proving that you have entitlement to compensation can be difficult. Thus, testing and diagnosis are crucial steps in the settlement process. 

Call for a Free Consultation to Get Answers About Your Herniated Disc Injury Settlement

At Grossman Law Offices, we know that navigating a herniated disc accident settlement can feel daunting. However, we can work with you to make this stressful process feel more manageable.

Our team of experienced personal injury attorneys has been helping accident victims for over thirty years. We have worked with thousands of clients to get them the compensation they deserve, and we are ready to fight to do the same for you. Contact us today for your free case evaluation to see how we can help.