While there is no definitive “average” herniated disc settlement amount in Florida, data indicates it can range from $50,000 to over $1 million. To understand herniated disc settlements in Florida, you must understand the statute of limitations, the factors that affect settlement values, what they are, and common symptoms. Here’s some information about herniated disc injuries and the factors that might affect settlement values in Florida.
What is the Average Settlement of a Herniated Disc in Florida?
As mentioned earlier, an average herniated disc settlement amount in Florida is extremely difficult to calculate. Each case involves different factors that affect its value. To receive a reliable estimate, it’s always best to consult an experienced personal injury lawyer in Florida.
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Statute of Limitations for Herniated Disc Claims in Florida
Florida’s personal injury statute of limitations sets a deadline for filing a herniated disc lawsuit. According to § 95.11, Fla. Stat. (2023), plaintiffs must file lawsuits within two years. If you file a claim after the deadline, it will likely be dismissed.
Under § 95.05(1)(i), Fla. Stat. (2023), the statute of limitations is tolled when the victim is a minor or is adjudged incapacitated. In those cases, the deadline clock will not start until the victim turns 18 or their capacity is restored.
Governmental tort claims have a deadline of three years when the government is fault under § 768.28(6)(a), Fla. Stat. (2023). Governmental claims also have stringent notice requirements that must be followed.
Regardless of your deadline, talk to a personal injury lawyer in Florida as soon as possible. With time, critical evidence can be lost. Hiring a lawyer early can allow you to gather key evidence and build the strongest possible liability claim.
Key Factors That Can Affect Herniated Disc Settlements in Florida
The following factors influence the settlement value of a herniated disc claim:
Severity of the Herniated Disc Injury
The severity of a herniated disc can affect a claim’s value. Severe herniations might require surgical intervention, rehabilitation, and physical therapy.
According to the American Association of Neurological Surgeons (AANS), some people with severe herniations in the lumbar spine might develop cauda equina syndrome, in which a large piece of the disc breaks off and enters the spinal canal and causes permanent damage to the nerves and bowel and bladder incontinence.
Type of Treatment Required
The treatment required for a herniated disc can also affect the settlement. Some herniations only require conservative treatments and resolve when the spinal nerve inflammation subsides.
If conservative treatments are insufficient, physical therapy, prescription painkillers, and prescription muscle relaxants might be necessary. Some injuries will also need steroid injections. If these options don’t work, surgery and rehabilitation to help the individual regain motor function and reduce pain may be needed.
Duration of Treatment and Recovery
The treatment duration and recovery period influence settlements. A mild injury might only require limited treatment and quickly resolve. A severe injury might require ongoing care following surgery with recovery lasting up to a year or longer.
Pre-Existing Conditions
A pre-existing condition won’t prevent you from recovering compensation but can influence your settlement. The insurance company will take your pre-existing condition into account and make a lower offer. Your settlement will include money to pay for the injuries and treatment related to your accident but not your pre-existing condition.
Permanent Disability or Impairment
If you suffer a permanent disability because of a herniated disc, your settlement value will be much higher because of your future medical expenses.
Age of the Victim
As people age, many develop degenerative disc disease and are more susceptible to herniated discs. Younger people likely won’t have pre-existing conditions. If they suffer permanent impairments, the cost of their future care will be higher because of the years of treatment required.
Loss of Income and Earning Capacity
If your injury forces you to miss work, your settlement should include compensation for your lost income and earning capacity. Permanently disabling injuries that prevent you from returning to work will result in higher settlement offers.
Pain and Suffering
Many people suffer intangible losses, including emotional trauma, physical pain, and others. These losses add to your claim’s value.
Liability and Insurance Coverage
Florida’s comparative fault statute affects your settlement if you share fault. Under § 768.81(6), Fla. Stat. (2023), you can’t recover compensation if you were more than 50% at fault. If your fault was less than 50%, your recovery will be reduced by your percentage.
Insurance coverage also affects settlement values. Suppose your injury happened in an auto accident, and you and the other driver only had the minimum required liability coverages. In that case, your claim’s value will be greatly reduced. By contrast, if a defective car part malfunctioned and caused your accident, your claim will be worth more because of the manufacturer’s commercial liability insurance.
Expert Testimony
Expert testimony can greatly increase your claim’s value when you have a severe injury or have injuries related to both your herniated disc and a pre-existing condition. An expert can establish your likely future care needs and tease apart the costs of caring for your herniated disc injury from those related to your pre-existing condition.
Legal Jurisdiction in Florida
Florida circuit courts are where most injury claims are filed and deal with claims involving damages exceeding $15,000. Rarely, the federal court might have diversity jurisdiction. A claim can’t be filed in federal court unless you live in a different state than all defendants, and the amount in controversy is more than $75,000.
Finally, while most personal injury claims are not subject to damages caps, governmental claims in Florida are. According to § 768.28(5)(a), Fla. Stat. (2023), claims against the government or its employees can’t exceed $200,000.
What is a Herniated Disc?
According to Medline Plus, a herniated disc occurs when all or part of a spinal disc is pushed through a weak area and places pressure on surrounding nerves or spinal cord. Spinal discs cushion the vertebrae to provide flexibility and movement.
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Symptoms of Herniated Discs
A herniated disc can cause the following symptoms:
Back or Neck Pain
Depending on whether the disc herniation is located in the neck or back, you can experience back or neck pain.
Numbness or Tingling
Disc herniations can cause numbness or tingling that radiates down the arms or legs.
Weakness
Herniated discs that pressure surrounding spinal nerves can cause weakness in affected limbs.
Sciatica
Sciatica is a common symptom of a herniated disc in the lumbar spine placing pressure on the sciatic nerve. This causes pain, burning, and tingling that radiates down the leg and can impact mobility.
Leg or Arm Pain
Herniated cervical spine discs can cause pain that radiates down an arm, while lumbar herniated discs can cause pain that radiates down a leg.
Muscle Spasms
Depending on the spinal nerves impacted, the victim can suffer painful muscle spasms in the back, legs, neck, or arms.
Difficulty walking or standing
Herniated discs can impact spinal nerves, affecting mobility and causing problems with walking or standing.
Bladder or bowel dysfunction
Cauda equina syndrome is a serious lumbar disc herniation complication and occurs when a piece of the disc breaks off, enters the spinal canal, and compresses the nerve roots that control bowel and bladder function. This can lead to bladder and bowel incontinence and a loss of sensation.
Sensory changes
People with disc herniations can experience sensory changes, including loss of sensation, radiating pain, tingling, burning, or numbness.
Common Causes of Herniated Discs
The following are common causes of disc herniations:
Injury or Trauma
A blow to the back or neck can cause a disc to herniate. This can occur in an assault, fall, accident, or surgical malpractice.
Auto Accidents
If your back or neck is impacted in a collision, you could suffer a herniated disc.
Motorcycle Accidents
Motorcyclists are particularly vulnerable because they have little to protect them in accidents. They often suffer multiple injuries, including herniated discs.
Boating Accidents
People can suffer herniated discs in boating accidents from violent jolts, the impact of debris, or being thrown overboard.
Pedestrian Accidents
Pedestrians can suffer multiple serious injuries when they are struck by cars, including herniated discs.
Frequently Asked Questions
What is the average payout for a herniated disc in Florida?
The average payout for a herniated disc in Florida isn’t helpful. Claim values are affected by numerous factors.
How much should I settle for a herniated disc?
Your claim’s worth depends on multiple factors. To learn whether a settlement offer is fair, speak to an experienced injury attorney.
How much is a herniated disc in the back worth?
The value of a herniated disc in the back claim depends on the injury’s location, severity, likelihood of a full recovery, and other factors. Ask a personal injury lawyer fin Florida or a claims assessment.
What is a settlement for a bulging disc?
A bulging disc occurs when a portion of the disc bulges out but doesn’t rupture. Disc herniations involve some of the soft, inner portion of a disc rupturing through the tough outer layer. Typically, settlements for bulging discs tend to be lower than those for herniated discs.
Does injection increase your settlement?
If you need steroid injections because conservative treatments did not work, your settlement will likely be higher.
How long does it take to settle a herniated disc case?
Claims involving minor injuries that resolve within a few weeks usually resolve quickly, while those involving serious injuries might take a year or longer.
Can a herniated disc 100% heal?
Yes, some herniated discs heal completely on their own. More severe herniations might require surgical intervention and could rupture again in the future.
Is a herniated disc a lifelong injury?
Without treatment, a severe herniated disc injury can cause permanent impairments, including a loss of bowel control, partial paralysis, and other issues.
How much compensation do you get for a bulging disc?
The possible compensation for a bulging disc depends on the facts of your case. Talk to a personal injury lawyer in Florida for a proper valuation.
Is a herniated disc considered a permanent injury?
Herniated discs can normally be repaired. However, severe herniations can result in permanent nerve damage, partial paralysis, a loss of sensation, and bowel or bladder incontinence.
Do steroid injections increase the value of a herniated disc case?
Steroid injections are given if conservative treatments haven’t worked, and they can increase the value of your case.
Can you get permanent disability for herniated discs?
To get Social Security Disability Insurance (SSDI) benefits for a herniated disc, you must have suffered an injury that is so severe that you are unable to return to work in any capacity and have trouble performing the activities of daily living. Most herniated disc cases won’t result in successful SSDI benefit claims.
How hard is it to get disability with a herniated disc?
The Social Security Administration only approves claims for people whose disabling injuries are so severe they can no longer perform any substantial gainful activity, including jobs that are simpler or less strenuous than their previous careers.
Can it take 2 years for a herniated disc to heal?
Yes, when herniated disc injuries are severe, it can take two years to completely heal following surgery, physical therapy, and rehabilitation.
Is a herniated disc a permanent disability?
Typically, a herniated disc is not a permanent disability. In rare cases, it can result in permanent nerve damage, partial paralysis, and other problems.
Is a herniated disc in the back serious?
A herniated disc in the back can be serious and should be promptly treated to prevent additional damage.
How much is a 2-herniated disc settlement?
Two-disc herniations might require surgery to remove disc fragments and fuse the affected vertebrae. Since more extensive surgery might be required, the settlement might be higher.
What is a herniated disc settlement without surgery?
Settlements involving herniated discs that don’t require surgery are typically lower than those that do.
How much does steroid injection increase settlement Florida?
Steroid injections can increase a settlement’s value, but the amount also depends on other factors.
What is a c4-c5 herniated disc settlement?
Cervical 4 and cervical 5 disc herniations might require surgery. The settlement value will depend on multiple factors, however.
Is there a herniated disc settlement calculator?
You won’t find the value of a herniated disc settlement online. There isn’t a reliable herniated disc settlement calculator.
What is a 3-herniated disc settlement?
Three or more disc herniations will likely require more extensive surgery and ongoing care. Depending on other factors, the claim’s value could be higher.
What are herniated disc injury settlements with steroid injections?
The settlement for a herniated disc injury requiring steroid injections can vary. To receive an accurate estimate, consult a personal injury lawyer in Florida.
Need free legal help in Florida?
We specialize in personal injury claims.
