As a Missouri car accident lawyer based in St. Louis, I specialize solely in personal injury, such as those from car wrecks.  One of the most common injuries I see is a herniated disc (aka bulging disc, pinched nerve, slipped disc).  Unfortunately, these are often the most mishandled claims as well.  In our practice, injuries resulting in herniated discs are routinely settled for more money than any other types of injuries except for obvious catastrophic injuries such as paralysis, amputation and severe brain damage.  The reason that a herniated disc injury should settle for so much is because it is a very serious injury.  By that, I mean it directly affects your nervous system which controls essentially every bodily function.  A common reaction of the body in a car accident is to go through a whiplash type motion.  This causes what is known as axial loading on the disc, which in turn causes them to deform and essentially press on either the spinal cord or the nerve roots exiting the spinal cord and leading to either the arms or the legs.  These injuries should be immediately identified giving their common symptoms such as chronic back pain, numbness or tingling throughout the arms and legs, shooting pain down the arms and legs, or bladder control.  Treatments for herniated discs depend on the severity of it and generally range from physical therapy, to epidural injections, to surgery.  There really is no right line as to when surgery is indicated and when it is not, but rather it is always dependent on the person's symptoms.  Of course, symptoms can continue to worsen over time so even though a person may not need surgery right now, they may very well need it two years into the future.  Because of this, these options should never be left on the table when negotiating with the insurance adjuster.  Additionally, if you have any of those symptoms, you should always be treating with an orthopedic spine specialist.  It is the orthopedist who will determine whether or not you have a surgical condition and of course will be able to detail the costs of any potential surgery.  If you are not seeing an orthopedic spine specialist, the insurance company will not take any of these possibilities into account when settling your claim.  I have seen injuries resulting in severely herniated discs settle for less than $10,000.00 because the person was solely treating with a chiropractor.  This is why I suggest everyone involved in a car accident be seen by an orthopedic specialist who can run an MRI and determine if there is any disc injury and any potential for surgery. 

As for the value of these cases, it always depends on the amount of coverage that the defendant has.  Frankly, I view every case in which there is a herniated disc as a policy limits case.  In Missouri, drivers are required only to carry a minimum of $25,000.00 of liability coverage.  Thus, if your defendant does have insurance, it is quite possible that they may carry an amount as low as $25,000 - $50,000.  In those cases, I think the insurance company should pay every last penny of it once you have been properly diagnosed with a herniated disc.  Once you get over $100,000.00 in coverage, generally the insurance companies will not pay their full policy limits unless we file suit and move forward.  Of course, if there is only a potential surgery and you presently decline it, they will pay less than for those people who have undergone surgery.  If you have undergone surgery for a herniated disc, and there is enough coverage, I think these cases usually settle anywhere from $150,000.00 to $300,000.00 in car accident cases.  It is often much more if you are struck by a semi truck.  We routinely settle herniated disc surgical cases in truck accidents in excess of $1,000,000.00.  This is because there is often a level of punitive damages because truck drivers routinely violate federal safety regulations.

Our firm specializes in handling car accidents and specifically car wrecks resulting in herniated discs.  Even if you do not have insurance, we have great relationships with a number of orthopedists that will see you, treat you and run MRI.  Of course, they will have to be reimbursed out of the settlement.  But this is a much better option than not trying to get the treatment in the first place or solely being able to treat with a chiropractor. 

If you have been injured in a car wreck and have prolonged neck or back pain and feel that you may have possibly suffered a herniated or bulging disc, please feel free to contact us toll free at 888.956.2487 or locally at 314.720.2706.  It is always free to discuss your case and there are never any attorney's fees until and unless we recover on your behalf.