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How much to request for settlement on a herniated lumbar disc? Wilkes Barre, PAAsked less than a minute ago - Wilkes Barre, PA

Wilkes Barre, PA |

My attorney just conatcted me and stated that the insurance company wants to know if I would like to settle my case. I have a lumbar disc hernaition, I have gone through physical therapy and injections all with no help. How much should I ask for? What is the average amount in Pennsylvania. Also, my lawyer did say they figure it by years

Attorney Answers 7

  1. Your lawyer should be the one that you ask in regard to value. No one on this forum has had the chance to review your file. I would suggest you set up an appointment with your lawyer to discuss value.

    Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  2. This is definitely something to fully discuss with "your" attorney.

    That said, I am a Doctor of Chiropractic and an Attorney at law in NY, PA, NJ, and FL so I will answer your questions with some questions to ask?

    Various factors need to be assessed and weighed:

    age now, predicted lifespan? smoker? diabetes? heart disease?
    Your job at time of event? your job now? your future job?
    degree of herniation, protrusion/prolapse/sequestration (pressure on a nerve (s)?)
    radiculitis/radiculopathy (symptoms into the extremities) constant/intermittent
    NCV/EMG testing results (proof of muscle wasting/atrophy) nerve conduction? speed? amplitude?
    Is there loss of sensation? pins and needles? drop foot?
    Is there loss of movement (muscle)? limited ROMs (ranges of motion)?
    Impact on the ability to walk? to stand? to seat? to have sex? to sleep? Your ADLs? activities of daily living
    Degree of permanent impairment based upon the AMA Guides?
    Disability? total or partial? affect on vocation (s)? Lost work time?
    predicted future? operations? types? costs? TBD by doctors
    future physical therapy? mri? pain meds? how much? TBD by doctors

    Basically, it's affect on your life, in all aspects, now and in the future. The "Real" value in any PI cases is in the future. What type of future is predicted for you? A future predicted by all the healthcare providers and vocational experts? What do you have to look forward to ? 20 - 40 years of pain, meds, PT, surgeries, rehab?

    All of that is the value of a PI case. A Dx (diagnosis) is not enough, PT is not enough, injections are not enough to "predict" and to "demonstrate" and to "prove" to a jury and to "demand" from an insurance company.

    Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  3. I would agree with Timothy. FYI, the currency that we trade in is years of benefits, not dollars ...

  4. Tghe bottom line is that -- if it is prudent to settle your case -- the number you get to is a result of negotiation, not some chart that the Commonwealth dreamed up.

    Lawrence A. Newman pointed out several important factors in the valuation of your case. You and your lawyer should be discussing these factors to set your goals.

    Just as important -- again IF it's time to settle -- is what your plan is AFTER you settle. This requires a lot of thought and discussion. It's the rest of your life you're talking about.

    The answer to this question is based on Pennsylvania Law only. Workers' Compensation statutes and case law vary from state to state.

  5. I agree with the answers so far - your own lawyer should be in the best position to advise you, as each case is different. This article may provide some further insight.

  6. Probally more than one would settle for a broken toe.

  7. Your question is in the Workers' Compensation section, but you do not state specifically that this is a comp case. There is a very big difference between the value of a workers' compensation case and other types of cases, such as auto, slip and fall, etc. If this is a WC case, then, to a large extent, the value of the wage loss portion is dependent on how many years of wage loss benefits you can reasonably expect to get in the future. The value of the medical portion of your case depends entirely on your future needs and has nothing to do with any fixed formula involving years of ongoing benefits. You MUST get enough money to cover your future medical expenses or you should not settle that portion of your case at all. There are other considerations if you are on Medicare. You should discuss these issues with your lawyer or find one who is experienced in this field if he/she is not.

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