A herniated disc is a serious medical condition that is often sustained in car accidents. Unfortunately, it could cause you long-term pain and disability. Nevertheless, you are going to have to fight for an adequate herniated disc car accident settlement in Florida. A Florida personal injury attorney could make all the difference when it comes to the success or failure of your claim.
What Will My Settlement Check Cover?
Your settlement check will cover both your economic and non-economic damages. Economic damages are damages that are easy to quantify such as medical expenses, property damage, and lost wages. Noneconomic damages include damages that are difficult to quantify, such as pain and suffering and mental anguish.
Your legal expenses will likely come out of your compensation. Although it is unlikely that the defendant will agree to add in any specific amount for legal expenses, the presence of a good lawyer at the negotiating table will probably end up adding far more to your compensation than you will need to deduct to pay your lawyer.
If you perceive punitive damages, your settlement check will cover that amount as well.
What Factors Affect the Settlement Amount?
A herniated disc’s settlement value depends on a number of factors, including the following:
- Your medical bills;
- Whether any long-term damage has already occurred (nerve damage, saddle anesthesia, etc.);
- Your medical history and any pre-existing conditions;
- Your prognosis for a full recovery;
- The number of years remaining until you hit retirement age, if your injury is permanent;
- Your salary at the time of the accident,
- How much pain and suffering you have endured;
- Who was at fault for the accident;
- The defendant’s financial resources (including insurance coverage);
- Whether you shared fault for the accident; and
- Whether the accident was the result of intentional misconduct or gross negligence (road rage, for example).
The latter factor of intentional misconduct or gross negligence is relevant only to punitive damages, which are awarded only in rare cases.
What Is the Average Settlement for a Herniated Disc from a Car Accident in Florida?
Strictly speaking, there is no average settlement for a herniated disc in Florida. Not one that is meaningful anyway. The average settlement for a herniated disc depends on many factors, and no two cases are the same. That said, settlements in the hundreds of thousands of dollars are not at all unusual in serious cases.
What If I Got Steroid Injections?
Herniated disc injury settlements with steroid injections in Florida typically command more compensation than cases where anti-inflammatory drugs are the most aggressive treatment, but they amount to a lot less than cases where you are required to undergo surgery.
If your doctor has recommended surgery, do not settle until after the surgery is complete. Herniated disc cases that require surgery are almost always among the most serious cases.
How Do You Prove Damages?
In a settlement for a herniated disc, you can prove your damages in a number of different ways, including:
- Your medical bills,
- Your medical records,
- Medical expert testimony,
- CCTV footage of the accident,
- Eyewitness testimony,
- Your journal or log detailing your recovery process as well as the pain and disability that you endured,
- Employment documents from which the amount of your lost earnings can be calculated, and
- Insurance policies (if your own insurance company is responsible for your damages).
Many other possible evidentiary exhibits are possible as well, depending on the specific facts of your case.
Tips for the Settlement Process
Achieving a herniated disc auto accident settlement is an art form that takes more than a little bit of skill. Following are some tips.
- Don’t accept the insurance company’s first offer;
- Don’t sign anything unless your lawyer approves it first;
- Don’t talk about your case on social media—someone will be watching; and
- Keep an eye on the statute of limitations deadline for filing a lawsuit.
At some point, you might need to file a lawsuit simply to gain access to the discovery process. The discovery process allows you to petition a court to order the defendant to produce certain evidence that is in their possession.
Possession of the appropriate evidence can raise the settlement value of your claim. You can still settle at any time prior to trial or even during the trial itself.
How We Can Help
We can assist you with your claim in myriad ways. If you are seriously injured, let us handle compensation matters while you focus on regaining your health. Remember, however, that all major case decisions are up to you. Following are some of the main ways we can help you:
- Investigate your claim;
- Find a professional medical witness for you if you need one;
- Gather evidence and organize it into exhibits;
- Negotiate for you—remember, we cannot accept a settlement unless you give us permission;
- Draft legal documents, including a final settlement agreement;
- File a herniated disc lawsuit on your behalf.
Filing a lawsuit doesn’t necessarily mean your case will go to trial. The desire to avoid a trial, however, might turn out to be what motivates the defendant or the insurance company to offer an adequate settlement.
We can perform many other activities on your behalf, according to exactly what your particular case requires.
Yes, Insurance Companies Fear Us一And for Good Reason
Some lawyers settle every car accident case that comes their way. Insurance companies know when they are dealing with a lawyer who is not prepared to take them to court, and they play hardball with them.
They know better than to try to play hardball with Wendy Doyle-Palumbo, because she has been litigating car accident cases for around 30 years now.
If you have been injured in a car accident in the Tampa Bay area, call us at 727-597-5232 or contact us online for a free initial consultation. Our office is located in Hudson, FL.