Value of Cervical Herniated Disc Cases in Maryland, Virginia, and D.C.

This page will look at the average settlement payout in injury or accident cases involving herniated disc injuries in the cervical region of the spine.

Metro Verdicts Monthly’s graph in this month’s issue is median settlements and verdicts in cervical (neck) herniated disc cases in Maryland, Washington, D.C, and Virginia. The median cervical herniated disc case in Maryland is $40,000. The Washington D.C. and Virginia medians are $50,000 and $36,000, respectively.

Settlement Values Vary Wildly

I always qualify this data with a “for what it is worth” caveat. With cervical herniated disc injuries, it is a “for what it is worth” squared. If a person says they are an actor, there are a lot of different degrees of being an actor. She may be Meryl Streep or her signature role may be “Crazed Killer #12” in a 5-second cameo appearance in a B movie. Herniated disc injuries are the same thing. Some people are walking around with cervical herniated discs that they cannot feel. For others, their lives are virtually destroyed by the injury.

The other problem is I do not think plaintiffs attorneys properly value disc injuries and, consistent with my post on Monday, lawyers settle these cases too quickly. Insurance companies are just too quick to shoot these claims down. But they change their tune when they know they are in for a fight.

This is especially true with neck injuries (usually between C4-C6) as opposed to back injuries because some herniated disc injuries are relatively benign. But the fact that there are some smaller herniations should not alter the value as long as the symptoms match the location of the injury. I break down herniated disc injury cases and their value in Maryland in more detail in this video.

What If My Injury Was Preexisting?

If I had a preexisting injury, how does it affect my claim? Good question.

Our law firm has successfully handled scores of herniated disc injury cases, earning our clients millions of dollars on these claims. We know the science of these cases and how to present them to an insurance company and a jury. Call 800-553-8082 or get a free online consultation.

There are two types of preexisting disc injuries: (1) those where the patient had real symptoms and treatment, and (2) those where the patient did not have any problems until the accident. The first scenario can be a challenge. If you were having problems before the accident, we need to get testimony from your treating doctor that “thin slices” out the problems before the accident and the problems after.

If the treating orthopedic doctor or neurosurgeon cannot do that, then that is a real problem. In these cases, the insurance company has an extensive list of doctors who will offer the opinion that all of your problems stem from the preexisting injury and not from the car accident. These doctors usually write a report that summaries the plaintiff’s medical condition and then concludes that the patient had preexisting injuries that are the real cause of the current complaints of pain.

Insurance companies often designate these medical doctors as experts without every bothering to show the doctors the records. I just got out of a trial yesterday where the doctor was named as an expert without seeing a single medical record of the patient. We successfully beat the defendant (GEICO) over the head with the fact that their hired gun who is a regular expert for them was designated long before he had ever peeked at the patient’s medical records. But the point is that as sure as day follows night, an insurance company can find an articulate medical doctor to tell a jury your prior injury is the source of all of your problems.

Aggravation of Previous Condition Definition

We have a jury instruction on this in Maryland that I’m pointing to in this picture (you can click on the picture to see the instruction). What it says, and most states have a similar law, is that an injury victim should be awarded damages from making a prior injury worse.

Still, there is no question that these cases are more of a battle and the insurance companies often make you fight to get your client the compensation she deserves. But if you have a disc injury and you didn’t even know you had it before the accident, this is a lot easier situation. Many people have latent injuries that would never become a problem if not for the trauma of the collision. Insurance companies fight these types of claims hard, too. But we are almost always going to win these cases.

Nine Factors Affecting Settlement Values in Cervical Herniated Disc Cases

The settlement value of a herniated disc lawsuit depends on a variety of factors, each playing a significant role in how much compensation a plaintiff might receive. These factors influence not only how an insurance company values the case but also how a jury might approach the evidence if the case goes to trial. Below, we outline the key elements that impact settlement values:

Severity of the Injury

The most critical factor is the severity of the herniated disc and its impact on the plaintiff’s life. These neck injury claim often involve debilitating pain, loss of mobility, or the need for surgical intervention typically garner higher settlement values. For instance, a herniated disc requiring a cervical fusion will command significantly more settlement compensation than one treated with physical therapy alone. A doctor testifying you need suggery has value but the actually getting the surgery before trial is certainly a value driver.

Preexisting Conditions

Preexisting injuries can complicate herniated disc claims, as insurance companies often argue that the plaintiff’s condition existed before the accident. Maryland law allows for compensation when an accident aggravates a preexisting condition. The challenge lies in obtaining convincing expert testimony, preferably from the treating doctors, to differentiate between prior issues and injuries caused or worsened by the accident.

Medical Treatment

The type and duration of medical treatment will also affect settlement payouts. Neck injury claims involving extensive medical care, such as steroid injections, physical therapy, or surgery, are typically worth more than those involving less intensive treatments. Moreover, the plaintiff’s consistency in seeking treatment often signals to jurors the legitimacy of the injury, impacting how they view damages.

Economic Damages

Tangible economic losses, such as medical bills and lost wages, directly influence settlement values. Plaintiffs who can demonstrate significant financial hardship caused by their injuries generally secure higher compensation.

Jurisdiction

Where the case is filed plays a pivotal role in determining its potential value. Jurisdictions like Baltimore City and Prince George’s County are more favorable to plaintiffs. Juries in these areas tend to be more empathetic to injury victims, which can pressure defendants and insurers to offer more substantial settlements. Conversely, jurisdictions perceived as more conservative, such as some rural counties in Maryland, will usually yield lower settlement values. Defendants often push to have cases transferred to these venues, knowing they might benefit from more defense-friendly juries.

Causation and Liability

This really should be the first element. Because you have to be able to win the case. If fault is disputed, such as sideswipe accidents or those involving contributory negligence claims, you may be taking the case to trial instead of getting a settlement offer.

Non-Economic Damages

Pain and suffering, emotional distress, and loss of enjoyment of life also play a role in determining settlement values. They are the biggest harm in every case our law firm has taken to trial. These damages are inherently subjective but often make up a significant portion of a neck herniated disc claim.

Defendant’s Resources and Insurance Coverage

Many serious injury cases hinge on the insurance coverage. Small insurance policies will cap the settlement value. For instance, a commercial vehicle accident involving a company with significant insurance coverage typically leads to higher settlements compared to cases with individuals carrying minimum liability insurance.

Having the Best Lawyer

An aggressive litigation strategy that demonstrates a willingness to take the case to trial will yield better settlement offers.

Insurance companies are scared of some herniated disc injury lawyers and that impacts results and trial and at the settlement table.

Cervical Herniation Verdicts and Settlements

2024 – New York $25,000 – Settlement: The plaintiff was a pedestrian crossing the roadway at an intersection when she was struck by a vehicle owned and operated by the defendant. The plaintiff allegedly suffered C5-C6 disc herniations and a right knee sprain.

2024 – New Jersey $50,000 – Verdict: The plaintiff was struck on the highway by the defendant after the defendant allegedly made an unsafe lane change. The plaintiff allegedly suffered injuries that included a C5–C6 herniation, a right knee meniscus tear, and aggravation of prior cervical and lumbar disc injuries. The jury awarded $50,000 for pain and suffering.

2023 – Florida $40,000 – Verdict: The plaintiff was rear-ended by the defendant when she came to a stop for traffic on the highway. The plaintiff allegedly suffered disc herniations in her cervical spine. Liability was admitted but the defendant disputed the nature and extent of the alleged damages and wether the disc herniations were actually caused by the accident.

2021 – Texas $238,070 – Verdict: A 62-year-old woman was struck at an intersection. She suffered C5-6, C6-7, L3-4, L4-5, and L5-S1 herniations. The woman also suffered headaches, cervical tears, lumbar anterolisthesis, right knee pain, and cervical radiculopathy. She underwent several months of physical therapy. The woman alleged that the at-fault driver’s negligence caused her injuries. She claimed he ran a stop sign and failed to yield the right-of-way. A jury awarded $238,070.

2021 – Texas $17,769 – Verdict: A 20-something woman and her nine-year-old twin sons were rear-ended. She suffered C6-7, L2-3, L3-4, L4-5, and L5-S1 herniations. The woman also suffered muscle spasms, lumbar and cervical facet syndrome, cervical radiculopathy, lumbar radiculitis, and cervical and lumbar foraminal narrowing. She underwent lumbar and cervical injections. Her sons suffered lumbar and thoracic sprains, muscle spasms, lumbar strains, lumbar and thoracic somatic and segmental dysfunction. The woman alleged negligence against the at-fault driver. She claimed he excessively sped and failed to control his vehicle. The jury awarded $17,769.

2021 – Texas $100,000 – Verdict: A 62-year-old woman was sideswiped. She suffered C5-6 and C6-7 herniations, a thecal sac indentation, and neck, upper back, and right shoulder pain. The woman underwent chiropractic care and physical therapy. She alleged negligence against the at-fault driver. The woman claimed he made a negligent right turn and failed to maintain an appropriate lookout. A jury awarded her $100,000.

2021 – California $2,000,000 – Settlement: A 67-year-old man was broadsided by a commercial vehicle. He suffered C4-5 and C5-6 herniations. The man underwent steroid injections and physical therapy. Two years later, he underwent a cervical fusion. The procedure significantly relieved his neck pain. The man alleged negligence against the at-fault driver. He claimed he negligently operated his vehicle. The man also made a vicarious liability claim against the at-fault driver’s employer. This case settled for $2,000,000.

2021 – New York $140,000 – Verdict: A 69-year-old pedestrian was struck by a taxi. He suffered cervical and lumbar herniations, a lumbar bulge, a left fibula fracture, a left knee sprain, and a right glenoid labrum tear. The man underwent a cervical discectomy. He also underwent acupuncture therapy, chiropractic care, physical therapy, and painkilling trigger-point injections. The man experienced residual pain that limited his ability to exercise. He alleged negligence against the taxi driver. The man claimed he failed to yield to a pedestrian. The defense denied liability. They argued that the man entered the crosswalk after the taxi driver cleared it. The jury found the taxi driver 60 percent liable and the man 40 percent liable. They awarded $140,000.

Herniated disc settlements and trial value (an overview of disc claims in different types of motor vehicle collisions)
12 factors that matter when determining the value of personal injury claims
Our lawyers handle serious herniated disc cases throughout the United States. Call 800-553-8082 to discuss your herniated disc injury claim or click here for a free no-obligation online consultation.