Herniated discs can be incredibly painful. You may experience pain, numbness, or uncomfortable sensations in the affected area of the body, which can differ depending on where the damaged disc is in the spinal column. While some herniated discs will heal on their own, others will require surgery and other medical treatment.
If you are considering filing a lawsuit for a herniated disc, you may be wondering what a settlement may look like should you be presented with one. Unfortunately, there is no clear-cut answer. Each settlement will look different because each case is different.
If you need assistance with your herniated disc-related legal matters, call Howe Law’s Mississippi personal injury lawyers at (844) 876-4357.
Is There Such a Thing as an “Average” Settlement for Herniated Disc Injuries in Mississippi?
While you are certainly able to type in “average herniated disc injury settlement” or a similar phrase into a search engine and get a result, the reality is that any presented average settlement that you find is not going to be helpful to your case. There are a number of reasons for this. First, not all settlements are public. The contents of most settlements are kept private either because they are not particularly novel or interesting, or they are kept private because the parties wish for that information to be private. Therefore, any “average” settlement amount does not take into account these unknown data points. The public average settlement amount for a herniated disc could be wildly different from what the actual average is.
Second, A decent portion of publicly known settlement amounts are prominently displayed on the websites of various law firms. Understandably, law firms have an interest in putting their most impressive settlement amounts on their websites in order to attract potential clients. However, this does mean that these settlement amounts are likely to skew higher than the actual average.
Finally, “average” settlements are not necessarily helpful in determining whether your settlement offer is acceptable or not. Each case will have different needs and requirements, so it could be that an average settlement does not meet your needs or, alternatively, that an average settlement is excessive and unrealistic given the extent of your injuries. The most important thing to remember when looking at a settlement offer with our Jackson, MS personal injury attorneys is that the most important thing to take into account when looking at a settlement offer is your situation, not averages.
Herniated Disc Injuries Explained
A herniated disc is an injury to one of the spinal discs that sit between each vertebra that makes up the spinal column. The term “herniated disc” can actually encompass several different kinds of injuries, all dealing with the same rubbery discs that sit in the spine.
Arguably, the most commonly known herniated disc is the slipped disc. A slipped disc is when one of the discs in the spinal column gets shifted out of place. This slippage can cause the disc to put pressure on nerves, which can be very uncomfortable and painful.
Another form of herniated disc is called a ruptured disc. This entails the disc “breaking” or fluid leaking through the disc’s casing. This can be very painful and can result in numbness in the upper or lower body, depending on where the damaged disc is located in the spine.
The symptoms of herniated discs can vary from person to person. Some people will have no pain and not notice they have a herniated disc for a long time. Others will experience pain in the arms and/or legs, numbness, or general weakness in the affected limbs.
What Factors Can Influence Herniated Disc Injuries in Mississippi?
Settlements for herniated disc injuries can be influenced by many different factors, to the point that it is hard to say what a typical settlement will look like because all settlements are different. Below, we’ll go into some of the things our Mississippi personal injury lawyers have identified as important factors in a herniated disc settlement.
Extent of Injuries
The most important factor when looking at a settlement offer is whether it is appropriate for the extent of your injuries. Minor injuries that are expected to fully heal will not need as much compensation for a settlement to be adequate, while permanent damage that will be with a plaintiff for the rest of their life will require more compensation to be offered in order for a settlement to be acceptable.
Any prior medical conditions that you have can also affect your settlement amount. It is important to note that while a prior condition could be used to try and increase a settlement offer, opposing counsel may also try and use this fact to justify a lower settlement offer, claiming that part of your injuries derives from your prior condition, not the accident resulting in a herniated disc.
Age can play a part in determining a settlement amount for a herniated disc injury. This can happen for a number of reasons. If the plaintiff is older, the amount may be higher because elderly individuals are more likely to sustain grievous injuries than young people and generally have a harder time recovering from them. On the other hand, a younger plaintiff may get a greater settlement if their injuries are serious and permanent because it will impact them for a longer period of time.
Another thing that can impact settlements is the effect of your injuries on your life. For example, someone who works a physically demanding job may get more out of a settlement than someone who works a desk job because the injury will affect their ability to work in a more direct way.
Call Our Mississippi Personal Injury Lawyers Today
Howe Law’s Biloxi, MS personal injury lawyers can be reached at (844) 876-4357 for free case reviews.