Herniated Disc from Motor Vehicle Accident...

by Gesenia
(San Antonio, Texas )

I sustained a herniated disc and bulging disc from a motor vehicle accident. We were hit from behind at 45-50 mph by an elderly man who passed out at the wheel. I currently have an attorney's office that called me after the accident but I've never met the attorney.

The accident occurred in October 2010. The attorney's office called me yesterday saying that they will probably only be able to get me $2,000 since I didn't get epidural cervical injections nor surgery for my injuries.

I'm miserable, I have a lot of pain and discomfort, and I can't workout anymore. I have a 7 year old who has a lot of medical issues and I could not risk anything happening to me right now. I also have a condition that lowers my blood pressure and I pass out, so those injections are not safe for me.

My question is, just because I did not have those injections or surgery does that mean I'm unable to get more than $2,000? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Herniated Disc from Motor Vehicle Accident...":

Gesenia (San Antonio, Texas):

It is our policy not to intervene in the attorney-client relationship. Doing so is legally inappropriate.

Personal injury settlements are based primarily upon the medical bills incurred as a result of the injuries sustained.

Although personal injury settlements can be subjective and not based on any standard calculation, insurance companies will almost always decline to pay any substantial amounts without medical documentation and resultant medical bills.

Normally personal injury settlements include compensation for medical bills, out of pocket expenses, lost wages, and pain and suffering. The problem though is the process must be built on a foundation of medical documentation and costs.

In cases like these the best course of action is almost always to make an office appointment with your attorney – not the paralegal, but the attorney.

The attorney is paid a percentage of the total recovery. She isn’t paid unless you’re paid. That in itself is strong incentive for her to fight for the highest settlement possible.

You certainly have a right to at least that much. Have the attorney go over every aspect of the case. If after reviewing the case you are not satisfied, you have the right to dismiss her as your attorney and retain new counsel.

Best of luck,

Law Guy

Comments for Herniated Disc from Motor Vehicle Accident...

Click here to add your own comments

More money...
by: Anonymous

Hi, like you, I had trouble with attorneys for my daughter's injury (herniated disk). I pursued a years worth of medical treatment documentation and therapy documentation (we used our medical to establish billing). She too was a passenger that was hit.

I took depositions from the doctor indicating it was 'likely' the accident caused the injury or aggravated a DD of existing condition. Nevertheless, the long history and my proposal, since she would have a lifetime impact (pain and suffering), was that she should be compensated to carry her past the initial medical coverage and years thereafter.

They offered 20K. I asked for 75K, they offered 30K and in the end I accepted 50K on behalf of my daughter (no lawyer).

Medical tried to recover their cost but I rejected it with a counter plea that she was still suffering and needed the entire award to try to live a normal life and pay for future medical expense (therapy). She put away 50K (all hers).

So, it really depends on the long haul. Check if you need to file suit and not miss any deadlines. Doctor's letters and history of therapy bills will be your strongest leverage.

Rollover Car Accident...
by: Anonymous

I was in a rollover accident and suffered 3 herniated discs that I had to have surgery on. I was only able to get $20,000 out of it, as unfair as it is it's probably right...but don't take that as me saying you can't get more. Call around to different attorneys. Pain and suffering isn't just about the treatment you get for your injuries, it's about how much pain you're in period. Good luck.

Click here to add your own comments

Return to Car Accident Back Injury Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION