$350,000 gross recovery for herniated disc injury due to commercial car wreck in Dallas, TX. Client could not have recommended surgery due to chronic health condition.
Our client was operating a sedan traveling northbound in the right lane of N. Central Expressway in Dallas, Texas near Lyndon B Johnson. The at-fault motorist was operating a vehicle in the course and scope of his employment. Traffic was congested and the motorist was inattentive. As a result he rear-ended our client’s automobile causing significant property damage to same.
Comments from Attorney Joseph Morrison: Our client, a teacher, had to seek emergency medical attention following the collision. Initial complaints at the ER included both neck and back pain. She eventually begin therapy and rehabilitation efforts. During her therapy she had both persistent and consistent complaints of low back pain radiating to her legs.
Remember: Radicular symptoms can indicate the presence of an injury beyond a sprain and/or strain. Specifically, radicular symptoms are often times caused by a herniated disc. It is important to have imaging studies performed following a car wreck to determine if an objective injury has been sustained.
Our client underwent a lumbar MRI that revealed the presence of a small 2 mm herniated disc. Epidural steroid injections and lumbar radio-frequency ablation provided only temporary relief. Lumbar spine surgery was eventually recommended.
This client had a chronic health condition that made surgery a risky proposition. I argued to the insurance adjuster that her non-economic damages would, in fact, be higher since she was unable to safely undergo the recommended procedure. After all, not being able to have a surgery you need is more troubling than being able to undergo the procedure and obtain the necessary relief. Even though the client’s herniated disc was very small at only 2 mm – a size some doctors would say is not even significant – her radicular complaints were consistent and coincided with the location of the disc injury. This was a fantastic settlement since most insurance adjusters are very skeptical of future medical expenses.
The settlement for this claim involving a herniated disc injury as a result of a commercial car wreck in Dallas, TX was $350,000. Attorney fees were $98,000. Case expenses were $1,420.34. After paying medical providers, the client’s net recovery was $162,846.74.