Herniated Disk Car Accident Settlement Values in Illinois

Car accident settlement amounts for herniated disks vary significantly based on the specific injuries that you’ve suffered. Every herniated disc injury case is different, and only skilled personal injury lawyers can determine your potential compensation.

Car accident victims who work with a lawyer are more likely to receive a higher-than-typical herniated disc settlement, making it crucial that you contact us as soon as possible after an accident. We’ve helped clients receive millions of dollars in damages for injuries sustained in a car accident. Contact an experienced car accident lawyer in Chicago from our firm to schedule your free consultation.

What is the Average Herniated Disc Car Accident Settlement?

The average herniated disc settlement value is about $360,000, with a median range of $65,000. However, a fair settlement value depends on the severity of your injuries, your recovery timeline, and your overall expenses related to the accident.

The source of your herniated disc injuries will also impact your settlement value. For example, if you were injured on the job, then you may be eligible for workers’ compensation benefits through your employer’s company. Our workers’ compensation attorneys can help you negotiate with insurance companies and ensure your claim is processed quickly.

Herniated Disc Case Settlements Recovered by Our Chicago Law Firm

$1,600,000: Rear-end settlement for a car accident victim who required lumbar surgery.

$1,400,000: Truck accident settlement for a mother and daughter who both suffered herniated discs.

$720,000: Herniated disc settlement for a man who was rear-ended by a semi-truck and required a three-level lumbar fusion.

$385,000: Rear-end car accident settlement after a woman was hit by a drunk driver at high speed.

$350,000: Pre-litigation settlement for a backseat passenger who suffered a herniated disc.

Factors Affecting the Value of a Herniated Disc Injury Settlement

While average settlement values can help give you a ballpark estimate of what to expect, every case is different. What you will receive depends on multiple factors, including the following.

Insurance Coverage Available

The amount of insurance coverage available significantly impacts your accident settlement. In Illinois, everyone is legally required to have car insurance to cover any accidents (625 ILCS §5/7-601). The minimum liability insurance coverage is $25,000 per person or $50,000 per accident for personal injury and $20,000 for property damage.

Severity of Injuries

Those who have severe injuries, such as multiple herniated discs, will typically receive a higher car accident settlement.

Medical Treatment Used

Because your medical bills impact how much your car accident lawyer can demand from the insurance company, the type of medical treatment you receive will influence your settlement. If you require ongoing treatment or surgery for multiple herniated discs, then your attorney will consult with medical professionals to understand how much this will cost.

Impact on Everyday Life

Some individuals are able to complete daily life tasks while suffering from disc herniation, while those with a more serious injury may deal with chronic pain and be unable to work. A fair settlement will consider how much pain and suffering you’ve experienced.

Long-Term or Permanent Disability

While a herniated disc often responds well to treatment, some individuals do not experience relief and are no longer able to engage in their everyday activities. If you have long-term disability due to disc herniation, our lawyers will negotiate a higher settlement to cover these needs.

Current and Future Medical Expenses

Your medical bills are a major factor in how much you receive. If you require expensive surgeries or physical therapy, we will ensure this is covered in your herniated disc settlement.

Pre-Existing Conditions

If the car accident aggravated a pre-existing disc injury, your recovery process may be more expensive, and you may be dealing with more severe pain. As such, your herniated disc settlement value may be higher.

Example Settlements Based on the Type of Disc Injury

These are some typical herniated disc settlement ranges based on specific injury types, including the following.

Disc Bulge

A bulging disc occurs when the spinal cord’s soft cushioning is pushed outwards but doesn’t break through the tough outer layer. Depending on the severity and the treatment used, clients can expect anywhere from $25,000 to $200,000.

Herniated Disc That Does Not Require Surgery

These can be treated with medication, physical therapy, and rest. You may receive $50,000 to $150,000 for these.

Herniated Disc Treated With Surgery

Patients may receive a discectomy, which is when surgeons remove the damaged material. They may receive anywhere from $100,000 to $500,000.

Multiple Herniated Discs

In some cases, multiple discs are herniated, typically in clusters. These cases may range from $100,000 to $750,000 or more. We are often able to secure $1,000,000 or more for these clients.

It’s important to remember that while average settlements can give an idea of how much you may receive, every case is slightly different.

How to Maximize Your Herniated Settlement Following a Car Accident in Chicago

Your actions following a car accident can affect your personal injury case. To maximize a settlement offer, take the following steps.

• Get Immediate Medical Care: Waiting to get help after a car accident can be used against you, as the insurance company can claim you must not have been seriously hurt. Go to the closest hospital, such as Northwestern Memorial Hospital or Loyola University Hospital, as soon as possible.
• Do Not Talk About the Accident: Insurers can use your social media posts or other communications to challenge your claim. Only speak to your attorney about what happened.
• Follow Your Treatment Plan: Things like epidural steroid injections, surgery, or physical therapy can all help demonstrate how badly you were injured and provide documentation of medical costs.
• Gather Evidence: Keep evidence of anything related to your accident, including witness statements, medical records, accident reports, and photos of the scene.
• Document Your Expenses: Record all expenses related to your accident, no matter how small. This includes out-of-pocket expenses like mobility aids, braces, medications, and physical therapy.
• Work With a Car Accident Lawyer: Attorneys are highly skilled in negotiation and can use previous cases like yours to prove why you should receive a higher settlement.
• Don’t Accept the First Offer: Insurance companies typically offer low first offers. Never sign any paperwork without your attorney present.

Illinois Laws Affecting the Value of Your Herniated Disc Settlement

Illinois uses modified comparative negligence in personal injury lawsuits (735 ILCS §5/2-1116). This means that everyone in a car accident is assigned a portion of blame. You can sue if you are less than 50% responsible, but your settlement will be reduced by how responsible you were. For example, if you were found to be 10% responsible, then you would receive 10% less.

Additionally, Illinois has a statute of limitations of 2 years in most cases (735 ILCS §5/13-202). If you don’t file a lawsuit within this timeline, then you may not be entitled to anything.

In Lebron v. Gottlieb Memorial Hospital, the Illinois Supreme Court established that there is no cap on non-economic damages. However, these damages are very subjective, so you must work with a good attorney who can demonstrate why you deserve a higher settlement based on your specific injuries.

Everyone is required to wear a seat belt in the state of Illinois (625 ILCS §5/12-603.1). Chicago specifically makes it a driver’s responsibility to ensure that any minors are properly secured in a car seat or seat belt (§9-76-180). This may seem like a problem if you weren’t wearing a seat belt during the accident, but the Illinois Supreme Court case Clarkson v. Wright ruled that seat belt usage cannot be used when considering negligence.

Obtaining a Herniated Disc Settlement

The settlement process starts as soon as you are injured. These are the typical steps you can expect to follow after an accident.

• Get Medical Care: Only a doctor can determine whether you have a disc bulge, fracture, or herniated disc. Go to the hospital as soon as possible, and keep your medical records.
• Speak to a Lawyer: Contact us as soon as possible for a free case review and learn what you can expect during the settlement process.
• Gather Evidence: Get information such as employment documentation to prove your lost wages and medical bills to show your expenses.
• File an Insurance Claim: We will help you organize your paperwork so that we can begin negotiating with the proper insurance company.
• Negotiate with Insurance: Our team will write a demand letter with evidence of your expenses. The insurance adjuster will complete their own investigation and then return with what they believe is a fair settlement. This process will continue until you are satisfied with the sum or until we decide to file a lawsuit instead.
• Prepare for Court: It’s not always necessary to take a case to court. However, we prepare every case as if we will be representing you before a judge and jury. This includes taking witness depositions, sharing information with the other legal team, and presenting information at hearings.
• Pre-Trial Arbitration or Mediation: In many cases, the judge will suggest arbitration or mediation to settle the case before trial. Arbitration is when a neutral third party, usually a retired judge or lawyer, provides a judgment. This is then turned into a legally binding contract. With mediation, a third party attempts to help both sides come to an agreement.
• Trial Day: If negotiation, arbitration, or mediation fails, we will go to trial. At trial, we will work to convince a jury that the at-fault party should pay your expenses based on the evidence available. We have to show a preponderance of evidence, meaning our arguments are more likely than unlikely to be true.
• Finalizing a Settlement: If we successfully negotiate a settlement, you will need to sign a settlement agreement. Your lawyer will review the paperwork before you sign, and then the funds will be dispersed. We will deduct our legal fees from your settlement, which is called a contingency fee.

What is a Herniated Disc?

Herniated disc injuries occur when the spinal cord is traumatized, causing the spinal discs to slip out of alignment. Symptoms depend on where the spinal discs are located, whether in the lumbar or cervical spine. Victims may suffer from leg pain, neck pain, numbness and tingling, or muscle weakness.

These spinal injuries can cause severe pain and suffering, but most herniated discs respond well to medical treatment. To diagnose a herniated disc, victims must visit a doctor and get imaging like X-rays, MRIs, or CT scans. Electromyography, which measures nerve conduction, can also be used to identify the specific nerves that are being impacted by the disc injury.

Can You Get a Herniated Disc From a Car Accident?

Any car accident involving the back could cause a herniated disc that leads to compressed nerve damage. Slipped discs and herniated discs can produce a pinched nerve, chronic pain, lumbar radiculopathy, cervical radiculopathy, and nerve impingement.

Is a Herniated Disc a Disability in Illinois?

Yes, the Social Security Administration considers a herniated disc to be a disability, specifically a musculoskeletal disorder. However, as it can respond well to treatment, it may not be treated as a permanent disability.

For workers’ compensation settlements, the Illinois Workers’ Compensation Board will use medical records to identify what treatments, if any, will improve function and help you return to work.

Signs and Symptoms of a Herniated Disc

Injured victims experience many of the common symptoms associated with a herniated disc in distinct locations based on where the spine’s injury occurred. In some rare cases, the victim will not have any noticeable symptoms associated with a ruptured disc, or the outward signs will not reveal problems until months or years after the accident.

That said, the most common symptoms associated with a herniated disc include:

• Muscle cramp;
• Muscle tightening;
• The intense pain associated with a sharp, dull, achy feeling in the back;
• Unexplained weakness in the extremities or the affected area in the back;
• A tingling or dull sensation that radiates down the legs, arms, and into the hands and feet;
• Excruciating headaches that developed when lying down or sitting in specific positions;
• Neck and back pain;
• Intense lower back pain that worsens when sneezing, coughing, or sitting;
• Foot drop caused by a neurological issue with the herniated disc makes it difficult to lift the foot when standing or walking.

The Value of Previous Herniated Disc Claims From Accident Settlement Cases

The average settlement for herniated discs is about $350,000, but your settlement depends on the injuries you suffered. Reviewing Illinois herniated disc settlements can help give an idea of what you may receive based on your specific injuries.

• $1,250,000: An 18-year-old woman from Kendall County, IL, was injured when the driver fell asleep at the wheel and veered off the road, slamming into a pole. She suffered a fractured facial bone, two fractured vertebrae, and herniated discs in her lumbar spine. This was an insurance settlement with State Farm.
• $800,000: A woman was rear-ended at Butterfield and Naperville Road in Wheaton, Illinois. This resulted in a concussion, multiple herniated discs, and aggravation of a pre-existing lumbar herniation. She required epidural steroid injections, and a doctor confirmed that her injuries were permanent. The DuPage County jury trial lasted four days.
• $125,000: A truck driver was injured during the course of his duties, meaning he could no longer return to work and had to become a dispatcher instead. This verdict amount accounts for the wage differential between the positions.

Secure Expert Legal Counsel Near You!

The Chicago automobile accident injury attorneys at Rosenfeld Injury Law have successfully obtained millions on behalf of the victims and their family members. We can help your family, too.

Our firm works on a contingency fee basis, which means you owe us nothing unless we obtain financial compensation for you. This provides peace of mind and ensures that accident victims can focus on recovering.

To schedule a free consultation, contact our accident lawyers at (888) 424-5757 or through our contact form. All discussions with our law firm remain confidential.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.