A bulging disc refers to a medical condition where the sponge-like, oval-shaped tissues between the vertebrae get affected. The discs are made of a fibrous outer layer of tissues which surrounds a gel-like center, and they function as shock absorbers for the spine.
The condition can be caused by many types of accidents, including car accidents and truck wrecks. If your bulging disc is injured due to the fault of another person, you may be entitled to damages.
The average settlement amount in the United States
The amount of settlement you may get from a bulging disc settlement varies on a number of factors. In other words, no fixed amount can be referenced with absolute certainty.
The final settlement amount will depend on factors such as the degree of liability on the part of the responsible party, the nature and severity of the injury, the existence of prior back injuries, previous claims filed before, and the cost of treatment amongst others.
Unlike settlements for other expensive medical treatments such as herniated discs, the hard reality about bulged disc cases is that the settlements are statistically less. The average jury award for bulging disc cases in America today is around $340,310, while the average jury award for herniated disc cases is $414, 917.
Implications of a pre-existing injury
The settlement of many of the bulging disc injuries does get complicated when there is an existing injury or due to degenerative disc disease. If the plaintiff proves that the bulging disc injury aggravated a preexisting disc injury or back injury, then the average award would be about $152, 935 and for degenerative disc disease, the average jury award is about $51, 678.
For you to attract large settlements in instances of preexisting injuries, you must explain to the jury the difference in the level of pain and suffering experienced by the victim now and how it would have been if the accident didn’t occur.
This is where the huge disparity in a settlement when there is a preexisting condition comes in. It is always not easy for the defendant to prove the pre-existence of the condition before the accident.
Plaintiff’s Lawyer’s Input in settlement of bulging discs
That bulging disc cases are diverse and the settlement varies greatly is not disputable. However, there are instances when the plaintiff’s lawyer can lead to lower or higher settlements.
For the low settlements, it has been observed that sometimes the plaintiff’s lawyers fail to appreciate the science behind bulging disc, and consequently, they fail to line up appropriate experts to explain to explain to the jury just how the condition is painful and the full extent of suffering the victim has undergone, including the expected changes in lifestyle such as lifelong pain, costly medical treatments, permanent tissue injuries, and maybe impairing the victim to a point where they have to change stop working or change jobs in order to continue earning a living.
Therefore, it is possible to estimate the value of settlement for bulging disc, but you can’t determine the exact value. If you are a victim, the prudent thing would be to hire a competent attorney to argue your case and help you have the best possible settlement for your pain and suffering.