Metro Verdicts Monthly’s graph in this month’s issue is median settlements and verdicts in cervical (neck) herniated disc cases in Maryland, Washington, D.C, and Virginia. The median cervical herniated disc case in Maryland is $40,000. The Washington D.C. and Virginia medians are $50,000 and $36,000, respectively.
Settlement Values Vary Wildly
I always qualify this data with a “for what it is worth” caveat. In the case of cervical herniated disc injuries, it is a “for what it is worth” squared. If a person says they are an actor, there are a lot of different degrees of being an actor. She may be Meryl Streep or her signature role may be “Crazed Killer #12” in a 5-second cameo appearance in a B movie.
Herniated disc injuries are the same thing. Some people are walking around with cervical herniated discs that they cannot feel. For others, their lives are virtually destroyed by the injury.
The other problem is I do not think plaintiffs attorneys properly value disc injuries and, consistent with my post on Monday, lawyers settle these cases too quickly. Insurance companies are just too quick to shoot these claims down. But they change their tune when they know they are in for a fight.
This is particularly true with neck injuries (usually between C4-C6) as opposed to back injuries because some herniated disc injuries are relatively benign. But the fact that there are some smaller herniations should not alter the value of the cases as long as the symptoms clearly match the location of the injury.
What If My Injury Was Preexisting?
If I had a preexisting injury, how does it impact my claim? Good question.
|Our law firm has successfully handled scores of herniated disc injury cases, earning our clients millions of dollars on these claims. We know the science of these cases and how to present them to an insurance company and a jury. Call 800-553-8082 or get a free online consultation.|
There are two types of preexisting disc injuries: (1) those where the patient had real symptoms and treatment, and (2) those where the patient did not have any problems until the accident.
The first scenario can be a challenge. If you were having problems before the accident, we need to be able to get testimony from your treating doctor that “thin slices” out the problems before the accident and the problems after. If the treating orthopedic doctor or neurosurgeon cannot do that, then that is a real problem.
But if you have a disc injury and you didn’t even know you had it before the accident, this is a lot easier situation. Many people have latent injuries that would have never become a problem if not for the trauma of the collision. Insurance companies fight these types of claims hard but we are almost always going to win these case.
- Herniated disc settlements and trial value (an overview of disc claims in different types of motor vehicle collisions)
- 12 factors that matter when determining the value of personal injury claims
- Our lawyers handle serious herniated disc cases throughout the United States. Call 800-553-8082 to discuss your herniated disc injury claim or click here for a free no obligation online consultation.