Herniated disk is a health problem that is caused by the rupture or injury of the rubbery cushion of the spinal disk separating the two vertebrae bones that join the spine in a human being. The spinal disc is coated with a thick jelly-like fluid that is meant to reduce the friction occurring on this interjection of the two bones. Herniated disk, therefore, occurs when this fluid leaks, and there is no fluid left to prevent friction. This leakage occurs when there is a crack in its interior. Herniated disk causes constant irritation on the nerves joining at the interjecting bones that result in a sharp pain that can be quite unbearable. The pain can lead to numbness of the leg, and arm if it continues for a while it can lead to weakening of these body parts. Suffering from a herniated disc might prove to be detrimental since in most cases it has no early symptoms. It is also dangerous since it might lead to strings of medical attention and in some cases surgery.
Herniated disk most likely occurs in quite a delicate part of the body such as the neck or back, areas that undertake a lot of activities. For instance, the leg joint is involved in running, walking and other body movements. Clearly there are quite a lot of activities taking place in this part of the body hence an accident causing injury is prone to occur in this specific part of the body. Treatment for a herniated disc revolves around making sure that the person gets relief from the pain and other symptoms resulting from the herniated disc. However, if someone suffers a herniated disc in an incident such as a slip and fall and they are not liable for this injury, legal action would need to be sought in order to bring justice for various pain and suffering the person goes through. Below are slip and falls accidents that caused a herniated disc and the settlement that was awarded to the individuals.
Herniated Disc Settlement Cases
1. The Case Of Ice
In one case, a man accidentally fell on a piece of ice on the path leading to his apartment and sustained an injury on his lower back. The ice was from the previous night’s snowstorm. Doctors diagnosed him with two herniated discs in the lower side of his back that required immediate surgery. The medical bills amounted to an estimated $87,000 and he ended up with a permanent injury in his spine. He also incurred a loss of wage totaling to $33,000. Before going to court, he had requested to be compensated with $100,000 and the insurance company was only willing to pay $15,000. A jury ruled in the complainant’s favor and passed a verdict of $615,000.
2. Faulty Chair Negligence
In another case, an officer was seated on a faulty office chair that broke, and she slipped and fell hurting her back seriously. The slip caused the plaintiff further dislocation of her arm which had broken at an earlier stage in her life. The defendant alleged no liability claiming that the plaintiff was aware of the faulty chair. However, the court jury ruled in favor of the plaintiff and awarded her $86,256 for the damages caused by negligence.
3. Slipping On Trash
A final slip and fall accident that resulted in a herniated discs involved a man who slipped on a plastic bag while going down a flight of stairs towards a subway station. The man’s feet slid from under him causing him to land on his back. The man suffered injuries that included a herniated disc requiring epidural injections and a recommendation for future surgery and he was unable to return to work for a long while after his accident. The man sued against the transit authority which was deemed to have been negligent in leaving trash that could lead to accidents. He was awarded a total of $1,400,000 for his pain and suffering.
There is no specific calculation method to estimate the compensation amount for herniated disc settlement as each case is going to be different. Many factors also come into play when a court is determining the settlement value for each case hence the different figures. Your best bet is to work with knowledgeable and reputable attorneys with experience in handling different types of slip and fall cases.