Unfortunately, there is no average amount and, particularly in this
area, there are serious variations in recoveries for lumbar spine
injuries. It should be noted that in order to commence a lawsuit for
personal injuries arising out of an automobile accident, you would need
to demonstrate a serious injury, as defined by section 5102 of the NYS
Insurance Law. Your age, work history and how this affects your ongoing
ability to work, history of prior problems (if any), ongoing effects on
lifestyle/activities, permanency, county venue for the lawsuit,
insurance coverage of the driver, etc. would all be factors in
determining the potential monetary value of the injury.
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While it may seem simple, it unfortunately is not. There are so many variables that go into calculating the value of an injury that I will no doubt miss a few. Aside from the injury itself, and the person who was injured, other factors include: who the insurance company is; what the insurance policy limits are; how and where the accident occurred (where the case will be litigated if a lawsuit is filed); the type of accident (meaning, was it a slip and fall or a car accident, etc.); whether there are lost wages or time lost from work; the type, and extent, of the medical care you receive following the accident; etc. The settlement value of a case even rides on who the insurance adjuster is.
Essentially, it is impossible for anyone to tell you the value of those injuries based on a quick question on Avvo. Your injuries may also be more severe then you believe. You need to speak with a qualified personal injury attorney who can represent your interests with the insurance company. A person who hires an attorney to handle their injury claim typically receives three to four times the amount of those who attempt to handle a claim themselves.
Best of luck.
Mr. Pascale is licensed to practice law in the State of New York. 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
depends upon how it affects; and more factors than any responsible attorney can fit into this box.
what does your lawyer say?
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
First of all, my understanding is that New York is a no fault state, so I don't know what rules may apply under that system. However, in general, a liability claim is for medical expenses, lost income and pain and suffering. The fact that you have a bulging disc says nothing about the cost of past and future medical care and that will vary widely from person to person depending on the severity of the symptoms, so that is a big piece of the puzzle that is missing. Likewise, we don't know how much time income you have lost.
Moreover, most 54 year olds have bulging discs. You would need a doctor to say that the discs at issue were either damaged by the accident, or that as a result of the trauma you are experiencing symptoms. We would need to know the full extent of the symptoms and its effect on your quality of life in order to begin to place a value on pain and suffering.
Essentially, there is no "average" value for a bulging disc and each case has to be evaluated on its specific facts to arrive at an appropriate amount for compensation. To truly get a value, you should talk to a personal injury attorney in New York who can review all relevant information.
It is hard to say because your injury alone does not satisfy the "serious injury" requirement set forth in the Insurance Law. Much more information would be needed such as treatment, what type of treatment, were you treated right away, did you complaint about back pain, is there a gap in treatment, what are your limitatations not to mention what is the liability situation and how what i the available insurance coverage.
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There is no set, or scheduled, amount for compensation based on the type of injury being claimed. Each case is fact specific and two lawsuits with similar injury claims can get different results. Furthermore, if this bulging disc arises out of a car accident, there would be no compensation (even if the other party is found at fault for causing the accident) unless the magnitude of the disc injury, based on diagnostic tests, degree and length of treatment, permancy, etc. is such that it qualifies as a "serious injury" as that phrase is defined by the no-fault threshhold laws of NY. Indeed, there are numerous cases where the courts dismissed personal injury actions where a bulging disc was claimed. If you have an attorney discuss this matter with him/her. If you don't, get one.
This really depends upon the severity of the bulge. Consult an attorney in NY.
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You need to get over the "threshold" of serious permanent injury. Seek an experienced personal injury attorney in your area to discuss the details of your case. Many attorneys, such as myself, offer free 30 minute consultations. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Depends on medical treatment, lost wages, liability and amount of insurance.
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