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.If you want to know a potential disc herniation settlement for your case, contact the Philadelphia slip and fall accident lawyers at Rosen Justice Injury Lawyers.

What Is A Herniated Disc?

A herniated disc is an injury to the rubbery, cushion-like spinal discs found between the vertebrae of the human spine. The spinal discs exist to prevent friction between the vertebrae, but if a disc ruptures, slips, or is somehow injured, a herniated disc occurs and part of the nucleus pushes out through a tear. A herniated disc can occur in any part of the spine but often takes place in the lower portion. The severity of a herniated disc can vary, but often it begins without pain or symptoms. However, as the discs irritate the nerves in the vertebrae, you may experience pain, numbness, and weakness in other parts of the body. The pain can be substantial and debilitating.

Herniated Disc Treatment

In most cases, your doctor can diagnose your herniated disc through a physical exam, medical history, and possibly radiology tests such as X-rays, MRIs, and CT scans. Once they have diagnosed a herniated disc, your doctor will discuss treatment options. Treatment for a herniated disc can vary substantially from patient to patient. Often, doctors will begin by treating with the least invasive options, including physical therapy to strengthen the back muscles and over-the-counter medication for pain and discomfort.

Other treatments may include:

• Heat or ice,
• Muscle relaxers, 
• Opioids, and
• Cortisone injections.

If the condition does not improve, your doctor may discuss and recommend surgical options, including a discectomy where a portion of the disc is removed.

The overarching goal of herniated disc treatment is pain relief and resolving other symptoms caused by the herniated disc. The nature of the treatment will directly depend on the person, their pain tolerance, the extent of the injury, the nature of the injury, and the treatment options already tried.

Treatment for a herniated disc can quickly become costly, even if you do not require surgery. If you suffered a herniated disc due to a slip and fall, you may be entitled to compensation for your financial, physical, and emotional losses.

Herniated Disc Settlement from a Slip and Fall

You might wonder, What are the average payouts for herniated discs? However, it is challenging to confidently estimate an average payout amount because each claim is unique. One slip and fall victim with a minor herniated disc may have little loss, while someone with a severe herniated disc requiring surgery and extended time off work may have substantial damages. Despite no settlement calculator or formula, you can discuss several factors with your attorney to estimate what your claim may be worth.

For slip-and-fall incidents resulting in a herniated disc, settlement amounts typically range from $80,000 to $150,000. Severe cases with significant complications may exceed twice this range. It’s important to note, these figures are reflective of civil personal injury claims.

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.

Injury Severity

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

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.

Damages

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. At Rosen Justice Injury Lawyers, we understand what a challenging time this is for you. Let our Philadelphia slip-and-fall attorney help you fight for the compensation you deserve.

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.