Learn about the settlement payout value of herniated disc injuries in auto accident cases and the factors which impact that settlement value.

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Herniated Discs

It is helpful to understand how disc injuries come about. A herniated disc, also known as a slipped disc or disc prolapse, is a medical condition affecting the spine in which a tear in the outer, fibrous ring of an intervertebral disc allows the soft, central portion to bulge out beyond the damaged outer rings. Our lawyers focus on herniated disc injuries in car accidents.

The discs are the cushion-like pads between the bones in your spine, called vertebrae. They consist of an outer layer, the annulus fibrosus, which surrounds the soft, gel-like center, the nucleus pulposus. Our lawyers tell juries to imagine stacked jelly donuts. When there's a tear in the annulus fibrosus, the nucleus pulposus can push through, causing a herniation.

Symptoms can vary, but usually, a herniated disc causes:

Pain and numbness, usually on one side of the body.
Pain that extends to your arms or legs.
Pain that worsens at night or with certain movements.
Pain that worsens after standing or sitting.
Pain when walking short distances.
Unexplained muscle weakness.
Tingling, aching, or burning sensations in the affected area.
The type of pain can range from a dull ache to a sharp, burning sensation or excruciating pain. Sometimes the pain is felt in a different part of the body from where the herniated disc is located, a phenomenon known as referred pain.

Risk factors include age, improper lifting, being overweight, and repetitive movements that strain the spine. Genetic factors also appear to be involved, since some people inherit a predisposition to developing herniated discs.

Non-surgical treatments often include physical therapy, medications, and possibly spinal injections. Those cases have lower settlement amounts, at least generally. Surgery drives settlement payouts in these cases. Surgery might be considered if other treatments don't work after a certain period, usually around six weeks, or if the herniated disc is causing significant motor problems or bowel or bladder dysfunction.

Recovery from a herniated disc varies and depends on the individual and the severity of the herniation. Our lawyers see people improve over time with the right treatment and we see people who are never the same to varying degress.