By Ela Matters Staff 
A herniated disc happens when the soft cushion between the vertebrae in your spine is displaced or ruptured, which can press on the nerves and cause pain. Since this injury can affect work and general daily living on many levels, many people will pursue compensation through either insurance benefits or lawsuits.
However, no two settlements are ever the same. The amount you could receive depends on many factors, including your medical treatment, the severity of the injury, and its long-term effects. For example, cases involving herniated disc injury settlements with steroid injections may look very different from those requiring surgery or ongoing therapy.
How the Extent of Your Injury Affects Compensation
The value of your compensation will largely depend on:
- Objective medical evidence (MRI/CT)
- Doctor’s prognosis
- Treatment notes
In more serious cases, with nerve compression, documented muscle weakness, and positive EMG evidence, the compensation will be 3-5 times that of someone with mild cases.
Approximately 1-2% of adults develop symptomatic herniated discs every year, according to the National Institute of Neurological Disorders and Stroke. It is critical to maintain consistent medical evidence and documentation in relation to your treatment, as gaps and breaks in treatment will typically reduce settlement offers.
Your Daily Functioning and Abilities to Work
The amount of your settlement will also be determined by how your injury has affected your ability to work and function on a daily basis. For instance, someone who can no longer lift, bend, or sit for prolonged periods, and depending on the injury and prognosis, may never return to work. Lost wages and loss of future earning capacity will usually be compensated as part of your settlement.
Also, quality of life issues will be compensated. Spinal injuries can affect driving, exercising, and sleeping. These considerations will account for more than just medical bills. They will amplify the relevance of how your injury has reduced the injured person’s ability to function independently.
Medical Bills, Steroid Injections, and Costs Associated with Future Care
The ongoing nature of treatment itself impacts settlement amounts. Present costs can include the medical doctor visits, imaging, medications, physical therapy, and surgeries. In many cases, an injured person will undergo steroid injections as part of a treatment regimen to decrease inflammation and control pain.
Some expenses are often tied to a settlement, which is why herniated disc injury settlements with steroid injections will look different than cases that were treated with lighter treatment. Future costs also play a role.
If someone is indicated as needing injections on an ongoing basis, perhaps they need therapy for a longer period, or they will require ongoing use of assistive devices when they return to work, their potential to receive a higher settlement value is likely greater compared to someone who does not warrant these types of expenses.
When determining fair settlement value, insurers and courts are often concerned with the presence of present or future medical needs of an injured party.
Why Liability Matters
Even if a party has solid evidence, the legal context plays a key role in compensation calculation. If there is resolved liability — such as bad weather being documented with a worker’s accident or a rear-end collision — an injured person is more likely to receive greater compensation totals.
When liability is less than obvious in clear-cut distinctions, or if the evidence shows responsibility lies in shared fault in the actions of the injured party, compensation amounts can be discounted even further on the basis of comparative negligence.
The Significance of Insurers and Negotiations
Insurer methodologies can directly impact total settlement compensation amounts. Claims adjusters will often enter the process with a low starting point as the first settlement offer if they believe the claimant will settle with limited objections.
An attorney will counter their strategies through skill and perseverance in the process of proceeding with the negotiations, resulting in an overall higher compensation.
Whether or not a case settled in pre-trial case resolution negotiations or went to court can potentially impact how much total compensation you will receive. Jury awards can often exceed a negotiated settlement offer.
Summary
- Severity of injury and medical evidence have a significant bearing on determining compensation amounts.
- Disruption of daily activities and work further enhances settlement value.
- Treatment costs, such as steroid injections, aggregate to the total amount of compensation.
Insurer strategies and legal negotiation tactics will shape the total amount of compensation.