Herniated Disc Settlement from a Slip and Fall in Philadelphia
A herniated disc is a common injury in a slip and fall accident. It can cause minor pain, or it can be debilitating.
That is one reason why determining slip and fall herniated disc settlements is so complicated.
Understandably, prospective clients want to know how much of a settlement to expect for a herniated disc.
However, every case is different, which can result in significantly different settlement amounts.
Factors That Impact Slip and Fall Herniated Disc Settlements
In general, several main factors impact a potential settlement for a herniated disc. They are injury severity, liability, damages, and amount of available insurance coverage.
Read on to learn more about how each impacts your case value.
A minor herniated disc with minimal symptoms will be worth less than a severe herniation that is causing nerve impingement.
Severely herniated discs might require surgical intervention to relieve pressure on the nerves.
Failure to treat nerve compression quickly could result in problems such as the inability to control the bladder and other permanent damage.
Liability also plays a significant role in determining how much you might receive in a settlement.
Pennsylvania is a modified comparative negligence state with a 51% threshold for determining negligence.
That means you might still receive compensation if you’re less than 51% at fault for your slip and fall. However, your percentage of liability will reduce your overall settlement.
For example, a victim who is 25% at fault would receive 75% of their damages. If the victim is 55% at fault, they will receive no money.
Your overall damages also impact your potential case value. With more severe herniations, you likely have a higher damage total.
You might have more medical expenses, time off work, pain and suffering, etc.
Available Insurance Coverage
The amount of available coverage is another vital component in evaluating the value of a herniated disc. Premises liability laws cover slip and fall cases.
Many defendants, especially commercial businesses, have large liability policies. However, that isn’t always the case, especially if the defendant is an individual homeowner.
Depending on the severity of your injuries, your case might exceed the value of available insurance policies.
You can sue the defendant directly to pursue compensation above their policy.
But in many situations, suing beyond policy limits is not worth your time because the individual doesn’t have the assets to satisfy a judgment.
If your case is worth $1.5 million and the defendant has only a one million dollar policy, you might receive only one million.
Your Philadelphia slip and fall attorney will explain the situation and discuss the best course of action.
Schedule a consultation with a Philadelphia Slip and Fall Attorney today!
When you suffer a herniated disc in a slip-and-fall accident, building a solid case is crucial.
Otherwise, the defendant’s insurance company will offer you less than your case is worth or deny your claim outright.
Fraud is rampant in these cases, hurting our clients’ chances of collecting the money they deserve for legitimate injuries.
Herniated discs can be severe injuries, causing debilitating pain and the inability to work. That is why some slip-and-fall herniated disc settlements are so high.
We’ll be there every step, helping you resolve your case for the maximum compensation possible.
Give us a call or contact us online to get started on your claim.