Car accident bulging disc claims often face defense arguments about degeneration, timing, and pain, affecting injury case value. This article covers verdict data, medical issues, and factors that shape payouts for bulging disc injury lawsuits.
By Brad Nakase, Attorney
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Bulging disc cases don’t fail because the injury isn’t real. They struggle because of how they are framed from day one. Defense attorneys usually get there first. They say the disc was already there. Age, gravity, and everyday life are the reasons. There is nothing serious. Nothing was caused by the crash. That argument sounds simple, and it sticks. But it ignores what actually matters: pain, timing, and change.
Plenty of people live with disc bulges and feel nothing at all. Problems start when trauma turns something quiet into something painful. This article looks at how those arguments are made. Why they work, and what the medical records, verdicts, & numbers say once the noise is removed.
Back & neck injuries get talked about like they’re all the same thing. They aren’t. After a car accident, terms like bulging disc and herniated disc get thrown around, sometimes casually, sometimes on purpose. Insurance companies especially like to blur the line. Even doctors don’t always slow down to explain the difference.
These injuries don’t affect the spine in the same way. They don’t affect people the same way either. Pain shows up differently. Recovery looks different. Treatment can drag on longer than expected. Yet on paper, they often get treated as minor or interchangeable.
When disc material extends at least 50% (some claim even 25%) of the disc’s circumference beyond the usual limits, it is referred to as a bulging disc injury. Therefore, only the tough cartilage’s exterior layer is affected.
On the other hand, a herniated disc is characterized by the shifting of disc material that extends no more than fifty percent of the disc’s circumference.
If it’s a bulge rather than a herniation, it doesn’t sound as bad. Defense attorneys for insurance companies and their adjusters attempt to take advantage of the distinction between a disc bulge and a herniated disc. The paradox? Compared to a herniated disc, a bulging disc may more severely compress the roots of nerves or the spinal cord.
Related Read: How Long After An Accident Does A Serious Back Injury Take To Heal?
Defense attorneys contend that a protruding disc is a harmless indication of serious damage. In the defendant’s introductory statement, the defense attorney would undoubtedly state that everyone experiences a slight bulging of their discs when they stand up due to gravity alone. It is accurate.
More importantly, they contend via their medical professionals that disc bulges are degenerative due to annular deterioration and/or ligamentous flexibility rather than post-traumatic. To put it another way, a bulging disc cannot result from a car accident.
Common reason and science will take on this defense. Indeed, a bulging disc does not constitute a serious injury. But it is not the main point. The actual question is whether the plaintiff’s discomfort was caused by an automobile accident or by a bulge in the disc.
If you’re experiencing a disc bulge but no symptoms, it’s not really an injury. Compensation should be given to the victim when an automobile accident transforms a dormant injury into an actual injury resulting in suffering and pain.
The hard truth is that, statistically speaking, cases of bulging or protruding discs recover far less than cases of ruptured discs. The national average jury award for bulging or protruding discs is $140,311 (median of $31,000). For strained or ruptured discs, however, the average jury judgment was $413,917 (median of $60,000).
Bulging disc situations are sometimes underappreciated because the plaintiff’s attorney does not always understand the scientific basis of these cases and does not arrange for the right experts to clarify why, in many situations, a protruding or bulging disc can be equally painful as a herniated disc, if not worse. Do the typical settlements in these data decrease because these attorneys are ignorant of these lawsuits? Naturally, they do.
On this page, we post several examples of verdicts & settlements. When discussing these findings, lawyers typically give a lengthy speech filled with clichés about how you can’t assume that an identical scenario will result in the same remuneration. The adage “one case’s conclusion does not foreshadow another’s worth” can be repeated in a million various ways by lawyers. Now take the statement and magnify it by 100.
Similar to how there isn’t a bulging disc payout calculator built around average compensation award figures, your injury claim won’t exactly match accounts of other victims’ recompense.
No chart can predict your settlement for a herniated C5 and C6 disc in California.
There are countless variations in the value of a bulging disc in an automobile collision. Even in the same jurisdiction and with identical facts, settlement amounts will differ significantly. Why? The amount of money awarded in a bulging disc lawsuit will depend on the plaintiff’s believability.
The majority of disc injuries are brought about by rear-end collisions, and according to lawyers’ experience, T-bone bulging disc incidents usually result in greater compensation claims.
Several verdicts below illustrate how a settlement for a herniated C5 and C6 disc in California increases when radiculopathy or permanent limitations are documented.
Due to the attorneys’ willingness to initiate a lawsuit and be aggressive, the worth of the case increased by nearly five times the first offer. Because insurers give compensation amounts that are significantly lower than the case’s acceptable settlement value, bulging disc situations frequently experience this.
His lost wages also gave rise to a lost wage claim as he was not able to work for 9 months. Long periods of running, sitting, or standing were beyond his tolerance because of the pain that still persisted. The man argued that his injuries were caused by the negligence of his driver and the driver of the other vehicle. In a split trial, a jury found the man’s driver completely liable. A $50,000 settlement was reached before the harm phase started. Is this sounding low? Indeed, it sounds low.
A pain management regimen was also performed on the woman. The woman continued to experience stiffness in her upper limbs & neck pain. They interrupt her from doing daily tasks.
In addition, he received numerous treatments for corneal neovascularization and eye irritation. Among them were eye drops. But the damage to his eyes did not heal. Two years following the crash, the man was legally blind. He had four surgeries on his eyes. They didn’t all succeed. The man lost his vision permanently. He was no longer able to read and drive. The man was unable to go back to work.
He said his injuries were caused by the negligence of the dump truck driver. The person said he was using his phone while driving. In addition, he claimed vicarious culpability against the employer of the dump truck driver. $1,000,000 was given. The defense denied being at fault.
His symptoms did not improve with his first medications. The individual had a bursectomy and a shoulder arthroscopy the following year. After that, he had a fusion, a laminectomy, a discectomy, and a bone graft. After that, the man went back to physical treatment. He was unable to go back to work due to his lingering agony. The man stated that a fusion revision might be necessary.
He claimed that his injuries were the result of the proprietors’ carelessness. The man also stated that he was unable to brace himself against a fall because the grinder that he employed at the time needed two hands. The settlement in this lawsuit was $2,000,000.
The symptoms of bulging & herniated discs typically go away with time. By mounting an immune response toward the material protruding from the disc, your body lessens the bulging disc. The body releases cells to eliminate this substance after identifying it as “foreign,” which reduces its size and irritation.
Absorption of water can also aid in healing. Over time, the body absorbs the water that is contained in the discs. After the water is absorbed, the disc shrinks and may be able to retract back into position.
A lot of medical professionals think that certain workouts can help heal a bulging disc. They give you the strength to control it.
The majority of people treat bulging discs conservatively. Within the first few days to some weeks, a bulging disc can be repaired by avoiding unpleasant activity, using painkillers on a regular basis, and relaxing the muscles.
When a bulging disc is more severe, there are additional choices. The inflammation of the afflicted disc can be directly reduced with cortisone injections. A corticosteroid will be injected by a physician using a needle inserted into the nerve region surrounding the protruding disc.
Some people may have to utilize opioids as a last option. It makes sense that many physicians are reluctant to prescribe opioids because of the serious risk of addiction that is currently being discussed. Doctors strive to utilize a short-term dosage if it is really necessary.
Other than potential persistent pain, most people who have a bulging disc won’t experience any long-term effects. However, there might be permanent harm to the nerves if a serious instance of a bulging disc continues to go totally untreated.
In rare situations, a bulging disc might cut off nerve signals to the cauda equina nerves, which flow down to the lower back & legs. If this occurs, you could have bladder or bowel control.
Saddle anesthesia is another uncommon side effect. You lose feeling in the interior thighs, the posterior part of the legs, & the area surrounding your rectum.
There are hundreds of claims related to bulging disc injuries. Saddle anesthesia or cauda equina are uncommon. However, lawyers encounter a lot of uncommon injuries. Make sure you are guarding against the possibility that something could result in lasting damage.
A bulging disc is typically not a serious reason to be concerned. For many, it’s just a normal aspect of growing older. It might take longer for an accident-related bulging disc to get better, but once it does, there might be no residual symptoms.
However, severe instances of a bulging disc can occasionally pose a serious threat to the nerves surrounding the spine, especially if conservative therapy is not used. Bulging discs may result in a number of long-term issues, including disc surgery. You should see your doctor right away if you have been in an automobile accident and you have been in excruciating pain or have had difficulty moving for a long time. You need to examine the extent of the disc’s damage more thoroughly.
You most likely already know the solution if you encounter a bulging disc. A bulging disc may trigger mild to severe pain. Some people are unaware that they are suffering from a bulging disk. Some people may have a protruding disc without any symptoms. The disc recovers on its own without the individual involved being conscious of the injury. Painful accident victims are also represented by our law firm. Muscle weakness, tingling, numbness, & arm or leg discomfort are the symptoms. The pain may be so great that you are unable to walk normally in extreme conditions.
In an individual injury case, bulging disc settlements often range from fifteen thousand dollars to thirty thousand dollars. $31,000 is the median judgment award in situations with bulging discs. The average settlement amount for bulging disc claims is lower than that of herniated disc cases. No two cases reach the same settlement for a herniated C5 and C6 disc in California.
A bulging disc is a highly common injury after an automobile collision. An already protruding disc may worsen due to the crushing force of a normal car collision.
The most important elements influencing the settlement amount of a bulging disc lawsuit are the plaintiff’s age, medical records, and credibility. If the plaintiff is quite young (less than 35) and has no previous record of degenerative spinal disorders, the bulging disc damage is going to result in a considerably larger settlement amount than an older client with pre-existing back troubles.
Payouts of damages are also significantly influenced by the plaintiff’s overall credibility. If the judge or the insurance adjuster thinks the plaintiff is believable and honest, the proceeding will have greater worth.
It is typically not very difficult to prove that a bulging disk exists. It can be difficult to prove that it was brought on by the accident rather than a pre-existing ailment, though.
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