What is the Average Settlement for a Herniated Disc Car Accident?

April 22, 2024 – Paul Hammack

If you suffered a herniated disc in a car accident, there is no “average” settlement. The amount you could collect will depend on:

  • How serious the injury is
  • How the injury affected other areas of your life
  • Whether the liable party’s insurance company agrees that the injury merits compensation from their client

We Can Confront the Insurance Company

Insurance companies may be unwilling to pay what you require. You might have to persuade them of your case’s validity by:

  • Collecting evidence: Sources like medical records and surveillance footage may convince the insurance company to pay out appropriate compensation based on the apparent liability for the accident.
  • Negotiating for a settlement: We will handle all communications with the liable party and their representatives. This includes attending in-person meetings to fight for fair compensation.
  • Taking your case to court: In situations where the insurance company does not offer a fair settlement, we can prepare your case for trial and argue for your rights before a judge and jury.

Our firm can help you with all these tasks and many more. In addition, we also center your needs by providing you with:

  • Compassionate advice: We know how upsetting car accidents can be. We can make the legal process as stress-free as possible by explaining your rights and helping you make important decisions.
  • Assistance in your language of choice: We have attorneys who speak English and Spanish.
  • Responsive care: Call us whenever you have a question or if there is a new development. We will respond to your queries in a timely manner.

The team members at Hammack Law Firm are, in the words of one client, “honest people doing right by [our] clients.” When you contact us, you can discover for yourself the value and peace of mind we can bring to your case.

Getting Damages After Suffering a Herniated Disc

You could qualify for two types of damages. However, to take advantage of your right to sue, you must act quickly. S.C. Ann § 15-3-530 gives you just three years from the day of the accident to file for damages.

Economic vs. Non-Economic Damages

Economic damages refer to the monetary losses and other financial hardships the car accident caused. If you suffered a herniated disc, these damages may include:

  • Past medical bills: You had to go to a doctor or hospital to get treatment for your injuries.
  • Future medical bills: You expect to spend more money on medical treatments in the future or even for the rest of your life.
  • Loss of income: Because of your herniated disc, you could not go back to work right away.
  • Loss of earning capacity: Your injury has reduced your productivity; you have a more difficult time making ends meet than you did before.

By contrast, non-economic damages are the physical and emotional wounds related to the accident. According to the Mayo Clinic, herniated discs may cause symptoms like pain or weakness on one side of your body. We can seek non-economic damages for such symptoms. Your herniated disc (and whatever other injuries you sustained) could qualify you for:

  • Pain and suffering: Herniated discs can be physically painful, and the memory of the accident can cause life-altering psychological distress.
  • Disability: Your injuries are painful enough to limit your physical abilities, or you lost any part of your body via amputation, organ removal, and so on.
  • Reduced quality of life: You need help completing necessary or enjoyable tasks that you once performed independently.
  • Loss of consortium: Your marriage suffered because of the accident injuries.

Car Accident Settlements Vary Widely

We have helped multiple clients recover $100,000 and more for their car accident injuries. However, no case is typical. Your settlement may depend on:

The Statute of Limitations

You have a limited time to seek damages. If you miss the deadline, you cannot receive compensation, no matter how strong a case you have.

The Liable Party’s Insurance

In South Carolina, drivers are legally required to carry automobile insurance. This is according to the South Carolina Department of Insurance (SC DOI). However, some drivers flout this law, either by carrying insufficient amounts of insurance or by failing to purchase insurance at all.

If the liable party in your case was uninsured, your policy would cover at least part of the damage, as uninsured motorist (UM) protection is a requirement in South Carolina. If the liable party was underinsured, you may or may not be covered. Our firm can help you recover compensation in either case.

Let Us Protect Your Rights

At Hammack Law Firm, our mission is to make South Carolina safer by holding irresponsible drivers accountable for their actions. We want to help you get a settlement for your car accident injuries, including herniated discs, broken bones, mental distress, and more.

We cover several locations across South Carolina, so you can easily reach out to us from where you are. If you were injured in a crash in the Spartanburg area, a local Spartanburg auto accident attorney from our team would be happy to assist.

Call us at (864) 326-3333(864) 326-3333 for a free consultation. We charge no attorney’s fees until we get you money.

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

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