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Discussion on Serious Injuries and Surgery

Serious Injury Damages

Ruptured discs, bone fractures, and injuries resulting in scarring are generally compensated more generously than are soft tissue injuries. Insurance companies more often than not suspect that soft tissue injuries are imagined or exaggerated. Herniated discs, fractures, and scarring in and of themselves prove injury. These types of injuries are common after a car or fall-down accident. They frequently settle for relatively large sums of money.

In an urban area, a 20 year old who suffers a herniated lumbar disc that does not compress upon the nerves and does not require surgery is likely to obtain a settlement between $30,000–$50,000. In a less urban area, the settlement could be $20,000–$40,000.

If the herniated disc compresses on the nerve roots, this adds value to the case, as it indicates the plaintiff is in considerable pain. A rough estimate would be that a herniated disc with compression is worth at least $10,000 more than a disc that does not compress the nerve roots.

Surgery Damages

If surgery is required, the value of the case increases substantially. Whereas a non-invasive procedure, such as ultrasound therapy, might add a certain value to the case, surgery is more extreme since it involves cutting tissue. Surgical removal of a herniated disc might increase the value by $40,000 or more. The success of the surgery is also very important. If additional surgery or other forms of treatment are needed, the value of the case increases accordingly.

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