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Calculating Your Herniated Disc Settlement

by | Jan 23, 2019

A herniated disc is a common injury in auto accidents, and the settlements vary greatly depending on the facts of each case. Two factors you should consider when calculating your herniated disc personal injury settlement are fault and preexisting injury.

Calculating your herniated disc personal injury settlement

Who Was At Fault?

One of the critical issues you must determine when calculating damages for a herniated disc is the assignment of fault—the percentage of blame assigned to each person involved. For example, if you were in a rear-end collision and the person who hit you was cited by police, it is likely that person will be 100 percent responsible for the accident, and you will be able to recover 100 percent of your damages. If your settlement is $2000, you will recover $2000.

In other cases, multiple parties may share the blame. A typical example may be an accident that took place during a lane change. In this example, you and the driver in the second vehicle may both be liable, and your settlement would be reduced based on your contribution to the accident. For example, if your damages are $2000 and you are 20 percent liable, then your recovery would be reduced by 20 percent and you would recover $1600.

Do not be discouraged from bringing a case if you bear some blame for the accident. This simply means you may have to re-evaluate your calculation and, depending on the evidence, you may be able to dispute your percentage of liability.

Preexisting Injury

A second factor to consider when calculating your herniated disc personal injury settlement is the extent to which any preexisting injuries can impact your settlement. If you have no preexisting disc injuries, then any x-rays or imaging scans will be able to demonstrate that your injury is the result of the accident. If you have a history of back or disc injuries, then it is crucial that you obtain a proper diagnosis from a treating provider and x-rays or scans to support the new injury or exacerbation. Gather a full set of medical records and bills and make sure to follow-up on all recommended medical treatments.

If you have a herniated disc due to an accident or have questions about a personal injury settlement, call the experienced staff at the Kelly Law Team for a free consultation 602-283-4122.

Update 1/30/2025 Read about Fox News 10 news coverage on the story here: https://www.fox10phoenix.com/news/family-plans-lawsuit-against-mesa-birthing-center-after-tragic-loss-unborn-baby

Willow Midwife Center for Birth & Wellness – Our firm is currently counsel for plaintiffs in a lawsuit (midwife malpractice) against the birthing center – involving failure to transfer mothers and newborns to hospitals when emergency care was needed, causing devastating consequences for those involved. 

At the Kelly Law Team, our personal injury practice includes a wide range of injuries caused by negligence and other wrongful conduct. including injuries that are inflicted upon newborn babies (and their mothers).

When a woman is about to give birth, she understandably wants to be as comfortable as possible, not only in her surroundings, but also in terms of the quality of care she will receive. People choose birthing centers in part, at least, due to the promise of a more personalized attention, a home-like environment, “continuous care,” less medical intervention, and a more “natural” birthing experience. 

Unfortunately, birthing centers are not equipped to handle many emergencies. There are numerous areas of concern when you entrust your maternity care to a birthing center. For example, as in our case, delayed transfer of mothers and newborn babies to a hospital could lead to devastating consequences, including oxygen deprivation, untreated fetal distress, and more. This could result in the baby suffering with cerebral palsy, developmental delays, and other serious problems and conditions.

These centers generally operate without an onsite physician, and the possibility of a delay in the transfer to a hospital in the case of an emergency or difficult delivery is only one example of injuries to newborns and to their mothers, who suffer needlessly as the result of negligence on the part of the birthing center. Moreover, birthing centers are not able to perform Cesarean sections, while almost one-third of births in the United States are delivered by C-section.

Indeed, according to the American Journal of Obstetrics and Gynecology, birthing centers carry an increased risk of adverse outcomes, including the following:

  • Neonatal deaths (birth through day 28);
  • Depressed Agpar scores in the first few minutes of birth (Apgar evaluates the newborn’s heart rate, muscle tone, reflexes, respiration, and appearance); and

In addition to the risks to the infant, medical problems suffered by the mother may also be well beyond the capacity of a birthing center to diagnose and/or treat.

If you or a loved one has given birth at a birthing center, and either mother or child has had health problems, during or after childbirth, we may be able to assist in finding out whether the birthing center was at fault, causing or exacerbating the injury/condition, and whether you are entitled to compensation. If you believe a birthing center caused or failed to diagnose or properly treat a medical condition, contact the Kelly Law Team to find out what our firm can do for you.

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