How Much is a Herniated Disc Personal Injury Settlement Worth? Kelly Law Team


– 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 The other thing that you wanna do is you wanna try your best to calculate your pain and suffering, your lost wages Lost wages are a little more objective, if you're missing work because of your injury, you're out of work, you can't get there, you know how much you're making in the past, you can get past records of your, either tax records, or you can get records from just your pay stubs to prove what your wages were before the accident, and then you can later go match that up with your pay stubs now that are presumably lower because you're not at work

So that's a good way to prove your lost wages in a very objective way, instead of just sending off a number to the adjuster Another thing about pain and suffering, it's very, it's subjective, so it's hard for someone to calculate that in any kind of meaningful way, aside from knowing kind of the norms of what these cases settle for So you may have a situation where you're out of work for a certain amount of time, the way that you can get that documented, and I always recommend people just start taking notes about what they've gone through, what life changes they've had If you used to run and jog, or you used to bike, you used to snow board, and now you can't, you can write those things down You missed your trip, you no longer can sleep eight hours, you only sleep three hours a night, you're having all these medications that you're on, you can provide those documents about the medications

So those are all good things to do to help bolster your pain and suffering, but when it comes down to it, they're gonna calculate pain and suffering based on your medical records and your lost wages and then somewhat subjective based upon what you can tell them about what you've been through So there's a lot of calculators out there online that will tell you, you know, you gotta take a multiple of your medical expenses Those can sometimes be overblown, they often are wrong The one way you can do it is you can call up a personal injury attorney who does this every day and ask him, here's what I've been through, here's my expenses, what should I expect? So those are, that's something that most attorneys, including myself would not charge for, just giving you a valuation of how far along you are, how you're doing So that's the tips that I have today for a herniated disc injury with a personal injury claim

If you have follow up questions, you can comment below Leave a comment and I'll respond as soon as I can, or you can give me a call at the Kelly Law Team at 602-283-4122 Thanks

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