Disc herniation with left leg pain...

by Joe
(Salem, Ohio)

I was in a auto accident 7-9-2015. It was not my fault and is indicated as such in the police traffic report. I was not speeding, was wearing a seat belt, and was not distracted. The other driver was cited for pulling in front of me. My vehicle damage was minimal. I was taken to the hospital for neck stiffness and right shoulder pain.

Three days later I began to experience extreme pain and a limp in my left leg. After consulting my Dr. and all the testing, it was diagnosed as L5 S1 Foot drop. I had surgery on 8-17-15 and was off work from 7-9-15 thru 9-13-15. I used sick/annual leave to cover this period.

My foot still is not right and does not respond as it should, and I'm in physical therapy. I am looking for a general idea of a settlement I should pursue. I was an avid runner and now I can't do it. I also have two young sons, and can't chase them in the yard anymore. I'm annoyed and aggravated.

What should my settlement be? What if this injury is permanent and I forever lose the ability to run and play with my kids? What can I do? Thank you.

Visitor Question:
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ANSWER for "Disc herniation with left leg pain...":

Joe (Salem, Ohio):

According to Louisiana State University Medical School, "Foot Drop" is defined as "...paralysis of the dorsal extensor muscles of the foot and the toes (tibialis anterior, extensor digitorum longus, and extensor hallucis longus), which are innervated by the deep peroneal nerve."

In lay terms, a foot drop is described as an abnormal neuromuscular (nerve and muscle) disorder that affects the patient's ability to raise their foot at the ankle. Drop foot is further characterized by an inability to point the toes toward the body (dorsiflexion) or move the foot at the ankle inward or outward.

The required minimum amounts of insurance coverage required by Ohio State law is $25,000 per person injured in any one accident, and $50,000 for all persons injured in any one accident. Property damage minimum amount is $25,000 for destruction of property in any one accident.

It seems apparent the other driver was wholly at fault. If that is the case, and there is no allegation you contributed to the accident, you have a right to have your medical and therapy bills paid in full, as well as your out-of-pocket expenses, lost wages, and an additional amount for your pain ad suffering.

Presuming the driver had state minimum insurance, the maximum amount you will be able to receive from the driver's insurance company will be $25,000, unless you purse the driver's additional assets.

Without knowing the extent of your medical and therapy bills so far, it's difficult to suggest a figure you should demand from the insurance company.

In any event, it appears at this point you will not have to undergo surgery. At a minimum, under similar circumstances a reasonable demand for settlement should be about 3 - 4 times the amount of your medical bills. If the injury is permanent, your settlement demand should be higher.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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