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

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

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– 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.

18 thoughts on “How Much is a Herniated Disc Personal Injury Settlement Worth? Kelly Law Team”

  1. Currently in the process of a huge case by what everyone has been telling me but I would want to speak with someone with experience & creditbility like yourself. I am also in the Phoenix AZ area by any chance do you have an email to get a hold of you & see if you can help with a few questions.

  2. Thank you for posting some great videos! I just began settlement negotiations on a no fault PIP claim. (Back injury) I want to include my risk of possible future surgery in the math, but the insurance company won't include surgery into the settlement calculation. My adjuster asked if I would consider a partial settlement. Leaving surgery, if needed, "reviewable for consideration." This is initially appealing, because I don't see surgery in my future, but if it ever does come to that I can imagine the "reviewable for consideration" turning into a sticky wicket. Can you offer any insight? Thanks.

  3. Wht about disc replacement damaged nerve in neck. I have a straight spine in neck and suppose 2be a curve. Whts tht worth

  4. My brother got after he paid his attorney doctor fees and everyone he only had $140,000 left over for his herniated disc he spend every penny of it on a house he's broke today but he don't have a house payment he was rear-ended

  5. i was rear ended at a dead stop because the girl was on her phone. She was going maybe 40 mph. She did $7000 to my car wroth $10000 (surprised they didn't total it). They found 3 budging discs in my neck and 1 in my lower back. Still have leg twitches and pain some days when I wake up. Ive had 2 MRI's…Xrays…2 months of PT. I hope I get something out of this because its been ridiculous lol.

  6. I was involved in an accident back in March. My chiro just finalized my case as I'm out of PIP. My car was totaled, more than $8,000 worth of damage, and the accident was witnessed by an officer who vouched for us and cited the other driver. Her insurance company took full responsibility. I have done seven months of physical therapy. My total medical costs are about $40,000. My chiro and the neurosurgeon both agree I will require surgery in the future. I have three leaking discs in my lumbar spine. I live on painkillers. It has dimished my quality of life completely. I have to sleep in a recliner, can't walk my dog, can't stand on my feet for more than an hour, sitting down for any length of time is excrutiating. There's a laundry list of things I can no longer do. Couldn't even dance at my own wedding. I have days where I can barely walk. Given this information, how much would you expect my settlement to be?

  7. Hello, few years ago I had an herniated disc from the stores that I used to work. Do you think the company will pay for healing it?

  8. I got C4 C6 C7 and a torn ligament in my scares dumb got rear-ended doing therapy and they are shooting me up with epidural shots the pain is crucial you think there's a good amount off money involved car was a total loss kids insurance company didn't care about the car they just kept asking me over the phone do I have an attorney

  9. Yes I didn't know why my neck and my back hurts so much and when I turn my neck it was a Sharp pain decided to see an attorney and that's when they found out that I had all this stuff wrong with me and my hand was swollen but I don't hear much from him and therapy is almost over and now have an appointment with the insurance company because they want to cut me off

  10. Hi! I have a few questions. I was rear ended and the other party was completely at fault. I got my MRI back and it says “annular disc bulges from C4-C6” is this the same as a bulging disc? It also says disc narrowing and disc desiccation but I was wondering if this is the same as the bulging discs and would be able to get the same compensation. Thank you

  11. All i want $5000 after doctors and lawyers fees, other person got a ticket….. I am still waiting ….
    But then again he accelerated after standing perfectly still, car damage is only $2, 000 but my herniated disc is bothering me…cars can be fixed but herniated disc can be for life…

  12. Greetings. I had a first time car accident back in March 28th in Florida. I was the front seat passenger and the car I was in was t boned on my side. To my knowledge both parties involved were insured and the car that hit us was at fault. I have completed chiropractic therapy and was referred to a Orthopedic my MRI showed I have a tear, a bulging disc & a herniated disc not sure which has the tear. I was told I may receive some form of injection into my spine. I am 37 years old I still sometimes experience pain in my lower back and neck discomfort. The lawyer assistant told me yesterday their in the next phase of the legal process and at this point all I can do is wait & that it will take several months at minimum to reach a fair settlement. What could or should I expect roughly?

  13. Thanks for making this video my herniated disk has ruined my back and even after an epidural im still in pain every day.
    I am an Uber driver and I was rear-ended by someone who is driving a Hertz Rent-A-Car I have about $16,000 in medical fees $4800 in car damage. I also have a fractured cartilage in my nose from hitting the steering wheel when it happened so now I have a deviated septum and I can’t breathe out of my left nostril. I suffered a bit of a mental break down from not being able to work and all of this because of the accident and had to start going to a therapist. do you know a ballpark of what kind of settlement I’m looking at?

  14. One year ago I was a pedestrian that was struck by a van and it was 100% her fault. It was all caught on video and she accept full blame. I've had many steroid epidural injection blockers and the nerve Burns, physical therapy, countless doctor visits, medications that have wreaked havoc on my body, and pain every single day from the pinched nerves in my back. My medical bills are in the tens of thousands of dollars and surgery is probably the next step. My attorneys paralegal who has handled my case has not been completely clear or honest with me at all through this process and I've been informed that I was offered $21,400 which is not even enough for my medical bills. Should I settle and take what I can get or am I right when I think that this case is worth far far more?

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