A herniated disc is a painful injury that can affect many aspects of your life. If your herniated disc was caused by an accident due to another party’s negligence, you may be considering filing a lawsuit.
Each case’s average settlement for a herniated disc in Texas is unique. Your settlement will depend on various factors that affect the value of your claim, including the nature and extent of your injury and your damages.
In this article, we will explore the key factors that can affect the settlement amount in herniated disc cases in Texas.
What Is the Average Settlement for Herniated Disc in Texas?
A herniated disc settlement in Texas depends on various factors. While you may be tempted to use an online herniated disc settlement calculator, they are not always accurate as they do not consider all the factors that affect your case value. We will explore the various factors that affect your herniated disc settlement below.
Extent of Injuries
One of the most significant factors affecting the value of a herniated disc settlement is the severity of the injury. No two herniated disc injuries are alike; a settlement for herniated c5 and c6 discs in Texas differs from that for herniated l4 and l5 discs.
Herniated discs can range from mild to severe, with varying degrees of pain, disability, and long-term effects. More severe herniated discs that require extensive medical treatment or surgery or that result in long-term impairment tend to yield higher settlement amounts.
Amount of Damages
Your damages can be divided into two categories—special and general damages. Special damages include monetary damages such as:
- Medical expenses,
- Lost wages, and
- Property damage.
General damages include non-monetary damages such as:
- Physical pain and suffering,
- Emotional distress, and
- Loss of consortium.
Both special and general damages are affected by the severity of the injury.
The amount of available insurance coverage can influence the settlement amount. For example, if you have $100,000 in damages but the defendant has only $50,000 in liability coverage, you may not be able to collect the full value of your claim.
In such circumstances, you will need to determine if you can make a claim against underinsured/uninsured motorist insurance or whether there are other defendants you can go after, such as an employer or manufacturer.
Texas is a modified comparative negligence state. This means that if you are partially at fault for your accident, you may still be able to recover a portion of your damages. However, if you are more than 50% at fault, you cannot collect any damages.
For example, if a jury finds that you are 20% at fault for the accident that caused your herniated disc, you can collect 80% of your damages. But if the jury finds you are 51% at fault, you will collect nothing.
Do you have a lawyer fighting for your interests? Rather than handling your case alone, having a lawyer represent you in your herniated disc claim can help you obtain the best outcome.
Contact an Attorney
Determining the value of a herniated disc settlement in Texas is a complex process influenced by several factors. From the severity of the injury and medical expenses to liability and legal representation, several elements come into play when negotiating a settlement.
The experienced personal injury lawyers at Armstrong, Lee & Baker, LLP, can help you determine what your claim is likely to be worth. We aren’t afraid to take your case to trial, and we have won our clients millions of dollars in personal injury cases.
Contact us today to schedule a free consultation.