North Carolina Herniated Disc Claim and Settlement (2023)

North Carolina Herniated Disc Claim and Settlement (1)

A herniated disc injury sustained in a car accident can cause pain and limit movement, leaving the injured person unable to work or carry out simple tasks of daily living. A herniated disc can result from sudden stress and/or twisting, as can occur in a car accident. As we age, our discs become less flexible and more likely to tear or rupture, making disc injuries more common when older drivers, passengers and pedestrians are in car accidents.

If you suffered a herniated or bulged disc due to a car accident, you may be concerned about how you will support your home and family if your injury prevents you from returning to work. You may worry about the future of your quality of life and whether you will ever be able to bend down to pick up your children or grandchildren or take a quiet walk with your spouse.

If these are family concerns, contact the, this day. We can work with you to identify your options for seeking compensation from the driver at fault that caused your disc injury.

as a customer of, you will work directly with an experienced and compassionate legal team. Our personal injury attorneys are ranked highest in the respected Martindale-Hubbell Legal Directory, and our firm's team members are fluent in both Spanish and English. We'll fight for you, so you can focus on healing and getting your life back.

Contact us nowfor a free consultation about your legal right to driver's compensation for your slipped disc or other back injury.

(Video) How Much Are Herniated Disc Injury Cases Worth? Understanding the Settlement Value of Your Claim.

What are herniated and bulging disc injuries?

A herniated disc is diagnosed when there is damage to one or more of the rubber pads (discs) between the vertebrae that make up the spine.

a herniated disc– also known as a bulging, slipping or ruptured disc – often swells and irritates nearby nerves, causing pain, numbness or weakness in a leg or arm. A herniated disc pressing on a nerve can cause debilitating pain. In some cases, a herniated disc causes severe, deep muscle pain and muscle spasms.

Most herniated discs occur in the lower back, although they can also occur in the neck. Pain from a herniated disc can radiate from the injury site to other parts of the body if a large nerve has been affected. A ruptured disk usually affects one side of the body.

The pain of a herniated disc is usually described as a sharp, burning, or stabbing pain that is exacerbated by moving into certain positions.

A herniated disc in the lower back can cause pain as a result of pressure on the sciatic nerve. The sciatic nerve travels from the lower spine, through the pelvis and down each leg. It is the longest and widest nerve vein in the human body. The condition known as "sciatica" is pain that travels down the buttocks and down the leg to the ankle or foot.

The pressure that a herniated disc puts on the nerves in the upper part of the lumbar spine (near the bottom of the ribcage) can cause pain in the front of the thigh.

(Video) What Is The Settlement Value Of A Herniated Disc In A Personal Injury Case?

A herniated cervical (neck) disc is likely to cause pain or numbness in your shoulders, arms, or chest.

Sometimes severe herniated discs can compress a group of long nerve roots just below the waist, known as the "cauda equina". An accident victim with cauda equina syndrome requires emergency surgery to relieve pressure and prevent permanent damage such as paralysis, impaired bladder and/or bowel control, and loss of sexual function.

Treating a Herniated Disc After a Car Accident

Another cause of disc herniation is age. A person in their 50s or 60s may be told that their back pain is a degenerative disc disease. While "degenerative" and "disease" sound scary, they simply describe a lifetime of wear and tear that causes one or more discs to lose integrity and shrink or warp and bulge.

Years of physical work (lifting, bending, stretching) or an active lifestyle can increase the severity of spinal disc wear, as, of course, a traumatic back injury.

When doctors treat bulging discs, they tend to start with the least invasive treatment and look for results before they become more aggressive. The usual course of treatment includes:

  • Pain management:For milder pain, the patient may start with hot and cold compresses and/or over-the-counter pain relievers, along with exercises to strengthen the muscles near the injury to support the damaged part of the spine. For more severe pain, such as from a traumatic injury rather than age-related pain, your doctor may prescribe pain relievers and/or professional physical therapy. Sometimes back pain can be relieved with electrical nerve stimulation treatment that uses low-voltage electrical current from a portable pain-relieving device.
  • Steroid injections:If exercise doesn't reduce pain enough to restore the patient's quality of life, a steroid injection into the bulging disc can reduce swelling and lessen or relieve pressure on irritated nerves. It is not uncommon to require a series of injections before treatment is successful.
  • Surgery:Disc surgery is often a last resort for patients whose herniated disc interferes with daily life by limiting mobility or causing incontinence. A discectomy involves removing the protruding part of the disc or the entire disc. If the entire disc is removed, an additional procedure may be needed to fuse the vertebrae together with a bone graft. Back surgery requires a long convalescence followed by physiotherapy.

A herniated disc sustained in a car accident will likely require hospitalization for initial diagnosis and treatment followed, at a minimum, by medication and physical therapy.

(Video) My Workers Comp Doctor Has Recommended Surgery. Should I get the Surgery?

Medical expenses for a herniated disc suffered in a car accident may include the costs of:

  • Emergency medical treatment (i.e. ambulance, paramedics)
  • Emergency care and hospitalization
  • medicine
  • Surgery
  • rehabilitation therapy
  • ongoing treatment
  • assistive devices
  • assistive care

Loss of income, whether temporary or permanent, is an additional impact for most people who suffer from a herniated disc in a car accident.

Recovering a settlement for a herniated disc car accident

If another driver is at fault for a car accident that left you with a significant disc injury, you may be able to recover compensation for your expenses and losses. The money usually comes from the at-fault driver's insurance coverage. But insurance companies often refuse significant claims payments, regardless of the facts of the case. In fact, a quick settlement offer from an insurance company will likely be much less than you really deserve.

Like its lawyers, Younce, Vtipil, Baznik & Banks, P.A. will pressure the responsible insurance company to pay a full indemnity to cover your losses. We can investigate your accident to identify all the culprits and the insurance policies available to pay for your losses. In some cases, there may be multiple policies available.

We will add your medical bills together to calculate all of your medical expenses and account for other costs incurred as a result of the accident, such as lost income and costs to repair or replace your vehicle. We will consult with your doctor to estimate the cost of any future medical treatment you may need.

If your injury is such that you have chronic pain or permanent disability, you may be able to recover significant compensation for your pain and suffering and/or emotional distress.

(Video) How Much is a Herniated Disc Personal Injury Settlement Worth? Kelly Law Team

Once we have calculated all your costs and losses related to your car accident and injuries, we will send a demand letter to the insurers who issued the relevant cover for your accident. We will continue aggressive negotiations for a complete and fair agreement.

If an insurer refuses to accept an adequate settlement, we will file a personal injury claim on your behalf and seek to hold the defaulting party and your insurer accountable in court. Most car accident cases can be settled out of court, but our personal injury attorneys are experienced attorneys and will be prepared to advocate for you to receive full compensation.

Contact our experienced bulging disc injury attorneys in Raleigh, NC

It is important to receive proper care after any serious low back injury, including reliable legal advice. If someone else caused your herniated disc, you may have a legal right to seek a herniated disc settlement to cover your losses. Our attorneys are ready to review the facts of your accident and injury and provide free legal advice on your options.

o experiencesRaleigh Back Injury Lawyersin Younce, Vtipil, Baznik & Banks, P.A. will review the details of your accident and discuss steps you can take to seek a bulging disc injury settlement that will pay your medical bills and other losses.

call now for onefree claim reviewIf we are able to seek compensation for you, we will do so without charging you an attorney's fee, unless we recover the money for you.


I highly recommend Younce's office, Vtipil, Baznik & Banks, P.A.! They handled my case very efficiently and professionally with a good result.

(Video) How I Got this $100,000 Settlement (Car Accident)

Rated by: BRAND
Rating: ★★★★★5 / 5 stars


How much should I settle for a herniated disc? ›

The median compensation payout for a herniated disc injury is between $80,000 to $150,000. Very serious herniated disc injuries (involving major complications) can be worth more than twice this amount.

Is a disc herniation a permanent injury? ›

Herniated discs are a common permanent injury, typically caused by a car crash or a job accident. The individuals responsible, including the at-fault driver, could be held legally liable. Individuals injured on the job can seek workers' compensation benefits through their employer's insurance coverage.

Does NC pay pain and suffering? ›

North Carolina does not place a limit on pain and suffering damages, except for cases of medical malpractice. A 2011 law put a $500,000 cap on non-economic damages when suing a doctor, hospital, or medical center.

How much is a herniated disc worth in a car accident in NY? ›

As car accident attorneys who regularly handle herniated disc cases, if liability is not an issue, most cases with surgeries settle above $50,000. Some even resolve north of $100,000.

Do steroid injections increase the value of a herniated disc case? ›

Because you can drive a truck through the difference between herniated disc injury cases that are treated with steroid injection and those that require surgery. Many of you reading this do not want to hear this. Yes, steroid epidural injections will likely increase the settlement payout of a disc injury claim.

How much is a bulging disc worth? ›

How Much is a Bulging Disc Injury Worth in a Lawsuit? The average settlement value for a bulging disc in a personal injury lawsuit is about $15,000 to $30,000. The median jury award in bulging disc cases is $31,000. Bulging disc cases have a lower average settlement value when compared to herniated disc cases.

How do you prove a herniated disc? ›

MRI. Radio waves and a strong magnetic field are used to create images of the body's internal structures. This test can be used to confirm the location of the herniated disk and to see which nerves are affected.

Can you receive disability for herniated disc? ›

Yes, a herniated disc is considered a disability by the SSA if you are unable to work for at least 12 months due to the condition. For the SSA to consider your herniated disc a disability, you will need to provide evidence that your herniated disc meets a Blue Book listing to qualify for disability benefits.

Are you ever the same after a herniated disc? ›

Though it can cause intense pain and discomfort, the good news is that there are a wide range of treatment options for herniated discs in the lower back. “A lot of pain from disc herniations will subside with time,” says Dr. Mukai. In fact, 85% of people with a herniated disc feel better within 8 to 12 weeks.

How much can you sue for emotional distress in North Carolina? ›

In North Carolina, the amount that you can seek in a small claims action may vary from county to county, depending on local rule, and may range from $5,000 to $10,000. If you want to sue for more, you will have to file a regular civil court case and may need the help of a lawyer.

How do I sue for emotional distress in NC? ›

To succeed in an NIED claim in North Carolina, the plaintiff, or injured person or their estate, must prove:
  1. The defendant behaved negligently.
  2. It was reasonably foreseeable that such behavior would cause severe emotional distress to the plaintiff.
  3. The conduct actually did cause the plaintiff severe emotional distress.

Can I sue for emotional distress in NC? ›

In North Carolina, a person is liable for the intentional infliction of emotional distress when that person (1) engages in extreme and outrageous conduct; (2) the conduct was intended to cause severe emotional distress to another person; and (3) the conduct does in fact cause severe emotional distress to another person ...

Can herniated discs result from car accidents? ›

Car accidents can cause herniated discs to cause severe pain in the neck, back, legs, and even hands. Those who sustain spinal cord or spinal injuries in a car wreck might experience long-term consequences. Further, some people manifest herniated disc symptoms following a single minor car accident.

Is a herniated disc worse than a bulging disc? ›

Compared with a bulging disk, a herniated disk is more likely to cause pain because it generally protrudes farther and is more likely to irritate nerve roots. The irritation can be from compression of the nerve or, much more commonly, the herniation causes a painful inflammation of the nerve root.

Is a 4mm herniated disc big? ›

Herniated discs are a frequent problem that can cause excruciating side effects. While they're common, they can sometimes be difficult to treat, especially if they're large. A large herniated disc is considered to be over 3mm. Its size can make the disc slip out of place and start pressing on nearby nerves.

How long should I be off work with a herniated disc? ›

The average amount of time it takes for a herniated disk to heal is four to six weeks, but it can get better within a few days depending on how severe the herniation was and where it occurred. The biggest factor in healing a herniated disk is time, because most often it will resolve on its own.

Is a herniated disc a big deal? ›

A disc that herniates can compress or pinch a nerve in your spine. When a herniated disc presses on your spinal nerves or spinal cord, it can cause numbness, weakness, tingling, shooting pain, bowel and/or bladder problems—symptoms that can take a huge toll on your quality of life.

How long is bed rest for herniated disc? ›

Rest. Most often 1-2 days of strict bed rest will calm severe back pain. Bed rest should not exceed 48 hours. Once you are back into your daily routine, you should take frequent rest breaks throughout the day- but avoid sitting for long periods of time.

Can I get disability for a herniated disc? ›

Yes, a herniated disc is considered a disability by the SSA if you are unable to work for at least 12 months due to the condition. For the SSA to consider your herniated disc a disability, you will need to provide evidence that your herniated disc meets a Blue Book listing to qualify for disability benefits.

What happens if I keep working with a herniated disc? ›

Herniated discs can severely limit your mobility and cause excruciating pain so your ability to perform your daily tasks, let alone your work duties, can be significantly impacted. Severe pain that originates in the back can radiate down the legs and limit your ability to walk or stand significantly.

What makes a herniated disc worse? ›

The pain from a herniated disc usually is worse when you are active and gets better when you are resting. Coughing, sneezing, sitting, driving, and bending forward may make the pain worse. The pain gets worse when you make these movements because there is more pressure on the nerve.

Can I work a physical job with a herniated disc? ›

During recovery, a person with a disc herniation should avoid heavy lifting, unexpected back strain, or repetitive rigorous activity. All exercises that produce discomfort or feel like they are making the pain worse should be avoided.

What is the most severe form of herniated disc? ›

Of the three types of herniated discs, sequestered herniation is often the most severe. It occurs when the nucleus erupts out of the outer layer of the disc. The ruptured disc material can migrate to different locations along the spinal canal and become trapped.

Can a herniated disc take 2 years to heal? ›

A herniated disc can heal after two years. It's important to note that although the imaging may still show that you have a herniation or disc bulge, symptoms can still improve. From clients I have seen, if it's a large disc herniation, oftentimes it can take 6 months for symptoms to come completely under control.


1. What Makes for A Large Workers Compensation Settlement?
(Law Offices of James F. Aspell, P.C)
2. Does An MRI Increase A Personal Injury Or Car Accident Settlement?
(Cullen & Hemphill, PLC)
3. How to Read Your MRI Report: Explanation of Herniated Disc
(Frekhtman & Associates)
4. Ten Things That Help Determine Settlement Value In A Personal Injury Car Accident Case!
(Schwartz & Schwartz)
5. When will workers’ comp offer settlement?
(My Workers' Comp Guide)
6. Will Surgery Get You a Big Settlement?
(JZ helps (a Florida injury law firm))
Top Articles
Latest Posts
Article information

Author: Dean Jakubowski Ret

Last Updated: 26/06/2023

Views: 5909

Rating: 5 / 5 (70 voted)

Reviews: 85% of readers found this page helpful

Author information

Name: Dean Jakubowski Ret

Birthday: 1996-05-10

Address: Apt. 425 4346 Santiago Islands, Shariside, AK 38830-1874

Phone: +96313309894162

Job: Legacy Sales Designer

Hobby: Baseball, Wood carving, Candle making, Jigsaw puzzles, Lacemaking, Parkour, Drawing

Introduction: My name is Dean Jakubowski Ret, I am a enthusiastic, friendly, homely, handsome, zealous, brainy, elegant person who loves writing and wants to share my knowledge and understanding with you.