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Herniated Disc Lawsuit Verdicts: 10 Florida Accident Examples

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Orlando Accidents: Herniated Disc Lawsuit Verdict 10 Examples

herniated disc lawsuitAs an Orlando personal injury & car accident lawyer, I have had many clients who have suffered a herniated disc as a result of their accidents.  Whenever we are trying to settle a herniated disc pre-suit (without a lawsuit), or are preparing for a mediation or trial, during a herniated disc lawsuit, we research other reported case values.

For immediate FREE evaluation of your case, please call or text our Florida accident & injury lawyer hotline, at (407) 803-2139.

Below, I have pasted ten examples from some of my recent research on herniated disc lawsuits.  After each example, you will see my comments.  Those might help you understand some of the facts that might affect any case value.

Also, there were over 9200 case search results in our verdict & settlement database for “herniated disc lawsuit,” ranging in value from zero to several million (usually millions would involve substantial lost wages OR other additional injuries).  So please understand that those pasted below are just a few examples.  When we are analyzing a specific case, we further refine our search results, to find cases that are most factually similar to our own.  This research can take many, many hours.

The best way for you to get a better idea of the pros and cons of YOUR accident case is to give us a call.  We provide FREE case evaluations 24/7/365.  And we have an impressive track record of high value results, mostly because we spend the time needed to maximize the value of all of our clients’ cases.

But here are a few examples, to help you understand our research on case values.

Herniated Disc Lawsuit Examples:

1.  PAVON v. ESTO-VIR CONSTRUCTION CORP.

General: CONTRACTOR NEGLIGENCE
Specific: Faulty materials
SUMMARY
Outcome: Settlement
Non Verdict Award: $92,500
Total Verdict: $92,500

STATE: Florida
COUNTY: Orange
City: Orlando
Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 25
General Occupation: GENERAL LABORER
Occupational Field: CONSTRUCTION-SPECIAL TRADE CONTRACTORS
Type: Single Organization
Sex: Organization
Organization Type: Construction-General Building Contractors
DAMAGES:
Other: $92,500
Total: $92,500
FACTS:
A 25-year-old male plumber suffered a herniated disc at L4-5 and a metacarpal fracture when a scaffold collapsed on the defendant’s construction site. The plaintiff contended that the defendant negligently constructed the scaffold. The defendant contended that the herniated disc was caused by a subsequent accident. The plaintiff’s medical and past wage losses were paid by collateral sources.

Orlando personal injury attorney comment: The defendant here argued that the plaintiff’s injuries were caused by a *subsequent* accident. That means that the plaintiff had another accident, after the accident that was the basis of the lawsuit. Subsequent accidents VERY OFTEN cause problems with proving that the original accident caused all of the plaintiff’s pain and suffering, because the defense can introduce evidence related to the subsequent accident, and any medical treatment after that accident..

2.  SHYTLE v. PALM BEACH COUNTY SHERIFF’S DEPARTMENT

General: HEAD-ON COLLISION
Specific: Crossed Centerline

STATE: Florida
COUNTY: Lake
City: Clermont
PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 23
Occupational Field: Construction-general
DAMAGES:
Past Medical: $25,000
Future Medical: $
Past Wage: $10,000
Future Wage: $
Pain and Suffering: $
Other: $
Total: $35,000
FACTS:
A 23-year-old male construction worker suffered a herniated disc at L4-L5 when his vehicle was struck head-on by the defendant sheriff’s department’s police cruiser. The plaintiff contended that the defendant’s driver failed to stay to the right of the center line. The defendant denied liability and contended that the plaintiff exaggerated his injuries.

Orlando car accident lawyer comment: Since the damages in this case were relatively low, based on the injuries, we can only guess / assume that the jury didn’t believe the plaintiff, when he testified about his pain and suffering, and the extent of his injuries.

3.  HITE v. LIBERTY MUTUAL FIRE INSURANCE CO.
General: VEHICULAR LIABILITY
Specific: Underinsured Motorist
STATE: Florida
COUNTY: Osceola
City: Kissimmee

PRIMARY INJURY: Herniated Disc Lawsuit

Sex: Male
Age: 49
DEFENDANT:
Type: Single Organization
Sex: Organization
Organization Type: INSURANCE

DAMAGES:
Total: $160,000

FACTS:
A 49-year-old business owner suffered a herniated lumbar disc which resulted in 5 percent permanent impairment to the body and a tear of the medial meniscus which resulted in 3 percent permanent impairment to the body when his vehicle was struck broadside by an underinsured motorist’s vehicle. The plaintiff contended that he held a policy of uninsured / underinsured motorist coverage with the defendant insurance company. The defendant denied liability. The tortfeasor settled with the plaintiff for $10,000.

Orlando car accident attorney comment: Since the jury found the damages were 160K, most like the case settled for 10K because the available insurance policy limit (which caps damages in almost all cases) was much lower. There may have been other arguments related to problems during the trial.

4.  ANDERSON v. NAMCO INTERNATIONAL CORP. D / B / A METALS RECOVERY GROUP

LIABILITY:
General: BUSINESS NEGLIGENCE
Specific: Bystander

COMPARATIVE NEGLIGENCE PERCENTAGE: 5%

STATE: Florida
COUNTY: Orange
City: Orlando

PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 64

DEFENDANT:
Type: Single Organization
Sex: Organization
Policy Limit: $
DAMAGES:
Past Medical: $70,266
Future Medical: $90,000
Past Wage: $
Future Wage: $
Pain and Suffering: $300,000
Other: $
Total: $460,266

COMPARATIVE NEGLIGENCE PERCENTAGE: 5%
FACTS:
A 64-year-old male scrap metal collector suffered a herniated disc at L4-L5 when he was struck by the defendant company’s vehicle while at the defendant’s scrap metal yard. The plaintiff contended that the defendant’s driver operated the truck in a negligent manner. The defendant denied liability and contended that the plaintiff was negligent in being in a restricted area.

5.  GUERRSI v. CAIOLA
LIABILITY:
General: LANE CHANGE
Specific: Defendant Changing
SUMMARY
Property: $
Other: $
Interest: $
Loss of Services: $15,000
Loss of Services By: Spouse
DEFENDANT ADMITTED LIABILITY: Yes

STATE: Florida
COUNTY: Orange
City: Winter Park

PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 40

DEFENDANT:
Type: Single Individual
Sex: Male
Policy Limit: $
DAMAGES:
Past Medical: $148,901
Future Medical: $100,000
Past Wage: $50,000
Future Wage: $276,000
Pain and Suffering: $50,000
Other: $
Total: $624,901
Loss of Services: $15,000
Loss of Services By: Spouse
DEFENDANT ADMITTED LIABILITY: Yes
FACTS:
A 40-year-old male gutter installer suffered a herniated disc at C6-C7 and aggravation of depression which resulted in an inability to return to work when his vehicle was struck broadside by the male defendant’s vehicle. The plaintiff contended that the defendant operated his vehicle in a negligent manner. Thedefendant admitted liability but contended that the plaintiff’s herniated disc was pre-existing.

Attorney comment: Notice that one category within the damages was lost wages, past and future. Lost wages are more difficult to recover when your prior working history is either self-employed (because past income is more difficult to prove and often leads to issues with tax return filings being truthful) or for those without a longer work history. However, we definitely try to work around problems to prove lost income whenever possible.

6.  BALLAUF v. GINSBERG
LIABILITY:
General: PEDESTRIAN
Specific: Crossing roadway
SUMMARY
Outcome: Plaintiff Verdict
Non Verdict Award: $109,800
Total Verdict: $109,800

STATE: Florida
COUNTY: Orange
City: Orlando
PRIMARY INJURY: Herniated Disc Lawsuit
PLAINTIFF:
Sex: Female
Age: 35
General Occupation: PROFESSIONAL
Occupational Field: FINANCE-BROKERAGE FIRM
DEFENDANT:
Type: Single Individual
Sex: Female
DAMAGES:
Past Medical: $9800
Future Medical: $100,000
Total: $109,800
COMPARATIVE NEGLIGENCE PERCENTAGE: 10%
FACTS:
A 35-year-old female mortgage broker suffered a herniated lumbar disc and aggravation of preexisting spondylolisthesis, requiring continual medical treatment and resulting in permanent impairment, when she was struck by the female defendant’s vehicle while crossing the street and as the defendant was exiting a parking lot. The defendant maintained that the accident was unavoidable because the plaintiff stepped out into the path of her vehicle. The defendant disputed the severity of the plaintiff’s injuries, maintaining that the plaintiff’s herniated disc was not permanent in nature and that she suffered no aggravation of her preexisting condition. The plaintiff was found 10 percent negligent, and the award was reduced accordingly.

Attorney comment: Juries will often award lower amounts when the plaintiff had pre-existing, related medical conditions. The reason is that the defendant is only responsible for the pain and suffering that he or she caused. And the plaintiff has the burden of proving that cause. That being said, we try hard to find evidence that the pre-existing condition was not similar in nature. Also, this case involved “comparative negligence,” which means that the jury decided that the plaintiff shared 10% of the blame (most likely for walking into the street, in the jury’s opinion, without being careful enough). In those cases, the judge reduces the damage award, so that, on this example, the defendant only had to pay 90% of the total.

7.  VAZQUEZ v. REGENCY MARITIME CORP., ET AL.

General: EMPLOYER NEGLIGENCE
Specific: Shipping employee
SUMMARY
Outcome: Plaintiff Verdict
Non Verdict Award: $483,800
Total Verdict: $483,800

STATE: Florida
COUNTY: Orange
City: Orlando

PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 40
General Occupation: GENERAL LABORER
Occupational Field: TRANSPORTATION-WATER

DEFENDANT:
Type: Single Organization
DAMAGES:
Past Wage: $14,040
Pain and Suffering: $245,000
Other: $224,760
Total: $483,800
FACTS:
A 40-year-old seaman suffered a herniated lumbar disc, required back surgery, when he slipped and fell while carrying a 75-pound box on a stairway on the defendant’s cruise ship. The plaintiff contended that the defendant required him to carry a box heavier than the 29-pound limit, that he could not put one hand on the railing because he needed both hands to carry the box, that he was not permitted to use the passenger elevator, and that the rug on the stairs was in need of repair. The defendant’s medical experts opined that the plaintiff did not suffer a herniated disc and did not require surgery.

Attorney comment: The jury obviously believed the plaintiff’s testimony regarding the extent of his pain and suffering, and the cause of the accident. The defendant also did several things wrong. A herniated disc with surgery can be a higher value case, depending on the facts, and whether the jury believes the plaintiff, and his experts, or the defendant, and his experts.

8.  BUSSEY v. USAA CASUALTY INSURANCE CO., ET AL.
General: VEHICULAR LIABILITY
Specific: Uninsured motorist
SUMMARY
Outcome: Plaintiff Verdict
Total Verdict: $101,166
STATE: Florida
COUNTY: Orange
City: Orlando
PRIMARY INJURY: Herniated Disc Lawsuit

PLAINTIFF:
Sex: Male
Age: 35
General Occupation: GENERAL LABORER
Occupational Field: CONSTRUCTION-SPECIAL TRADE CONTRACTORS

DEFENDANT:

Organization Type: Insurance
DAMAGES:

Total: $101,166
FACTS:
A 35-year-old male ceiling installer suffered herniated discs at C6-7, temporomandibular joint syndrome, and cervical myofasciitis when his vehicle was struck from the rear by an uninsured motorist’s vehicle. The defendant was the plaintiff’s uninsured motorist carrier.

Attorney comment: This is a perfect example of what I always tell my clients: YOUR OWN insurance company will fight just as hard not to pay, when you have an uninsured motorist policy. This factual summary didn’t provide medical treatment (like surgery), so it’s difficult to analyze further. But with most rear-end vehicle collisions, both sides are arguing about the VALUE of the damages, rather than who caused the accident. Usually the rear-driver will be held responsible in a rear-end collision. So the fight becomes what is the value of the plaintiff’s injuries. There are never clear answers to that question; the jury can decide whatever they want after hearing all of the evidence, which includes testimony from the plaintiff, and often medical records and medical (doctor) expert testimony, then testimony from the defendant’s experts. Typically, those with higher medical bills will have higher overall case totals, all other factors being equal, because the jury adds those numbers into their calculations. Medical bills are part of the damage amounts.

9.   HAMILTON v. HIRSCH; HOUSE OF HIRSCH ANTIQUES, INC.; FORD MOTOR CREDIT COMPANY
General: INTERSECTION
Specific: Broadside collision
SUMMARY
Outcome: Plaintiff Verdict
Non Verdict Award: $13,700
Total Verdict: $13,700
STATE: Florida
COUNTY: Seminole
PRIMARY INJURY: Herniated Disc Lawsuit

Sex: Male
Age: 42
General Occupation: GENERAL LABORER
Occupational Field: CONSTRUCTION-SPECIAL TRADE CONTRACTORS

DEFENDANT:
Type: Individual / Organization
Sex: Male
DAMAGES:
Other: $13,700
Total: $13,700
FACTS:
A 42-year-old male electrician and musician suffered an aggravation of herniated discs at C5-6, C3-4, and a herniated disc at L4-5, and cervical and lumbar strains when his vehicle collided with the male defendant’s vehicle at an intersection. The defendant’s vehicle was leased from the third-named defendant company. The defendant was attempting to cross the lane of the plaintiff’s travel at the time of the collision. The defendant contended that the plaintiff’s injuries were pre-existing.

Attorney comment: This was a low jury award, so the jury must have believed the defendant’s argument that the plaintiff’s injuries were pre-existing and/or the plaintiff may not have had enough treatment to convince the jury that his injuries were that serious. These facts do not tell us what treatment the plaintiff received.

10.  KAAS v. ATLAS CHEMICAL CORP.

LIABILITY:
General: TRUCK ACCIDENT
Specific: Rear-end collision
SUMMARY
Was Appeal Filed: Yes
Outcome: Plaintiff Verdict
Non Verdict Award: $1,122,000
Total Verdict: $1,122,000
Final Demand: $1,000,000
Final Offer: $40,000

STATE: Florida
COUNTY: Orange

City: Orlando

PRIMARY INJURY: Herniated Disc Lawsuit

SUMMARY
PLAINTIFF:
Sex: Male
Age: 47
General Occupation: SALESPERSON
Occupational Field: RETAIL-USED MERCHANDISE STORES

DEFENDANT:

Organization Type: Manufacturing-Chemicals and Allied Products
DAMAGES:
Past Medical: $22,000
Future Medical: $450,000
Pain and Suffering: $550,000
Total: $1,022,000
Loss of Services: $100,000
Loss of Services By: Spouse
FACTS:
A 47-year-old self-employed male antique dealer sustained a herniated lumbar disc L5-S1; a possible herniated cervical disc; chondromalacia of one knee; traumatically-induced impotence; and some urinary incontinence when the pickup truck in which he was a passenger was struck from the rear by the defendant chemical company’s truck. The accident occurred when the host driver had stopped on an entrance ramp to an interstate. The defendant disputed the plaintiff’s impotence, maintaining that hospital records indicated that the plaintiff had complained of impotence two months prior to the accident. A motion for a new trial was granted.

Orlando truck accident lawyer comment: This was a high verdict considering that the plaintiff’s medical bills were so low.  That might be the reason that the defendant filed an appeal, and the judge granted a new trial (which means that the court rejected the jury verdict in this case and both sides either have to start over, or settle the case — most likely they probably settled for a lower amount).  But the good facts about the case were that this was a rear-end collision (so the defendant was at fault) and this was a commercial trucking accident, which means that there is actually enough insurance to pay this claim.  The plaintiff’s injuries were also serious.  We do not know what medical evidence or treatment the plaintiff presented, which makes this case difficult to fully analyze.

Haven’t seen enough? Here are more car accident case settlement value examples.  And here are more slip and fall case settlement examples.

Curious about the legal issues involved in car accident cases? Here is more information about how we handle Orlando car accident cases.

What if you already have a Florida injury or accident lawyer?

We do sometimes accept auto accident cases where other lawyers have been involved. However, we very carefully scrutinize these cases. Unfortunately, must reject many of them. We cannot give you a second opinion unless you are ready to fire your lawyer.

If your lawyer has already received an offer, or has withdrawn from representing you, there is very little chance that we can accept your case.

Usually we are only able to accept cases where the potential client already has another lawyer when the injuries are serious, there is a substantial insurance policy involved, the other lawyer hasn’t received an offer in the case, the client has received ongoing treatment, the vehicle damage was significant, and the client is unhappy with the service they have received so far, from the lawyer, and for good reason. This is because clients have already signed binding and enforceable contracts with those lawyers. So we have to evaluate whether that other lawyer would be entitled to payment on the case.

That all being said, just as an example, we recently settled a case for 550K where the prior lawyer’s best offer before our involvement was 15K. The client came to us because he was unhappy with his prior lawyer, because the high volume / big firm lawyer was not communicating well, or doing other work on the case. We had another case last year where our client was only offered 2K, with a prior lawyer, and we settled for 1M.  BUT each case IS different.

If you call and share basic facts about your case, including why you aren’t happy with your lawyer, then we can let you know pretty quickly whether we think we can help.

Why Hire Us?

Ms. Willis has worked at some of the largest insurance defense firms in the country, often on multi-million dollar cases. She was also formerly a law professor, and graduated second in her law school class. Lawyers on her team have recovered many millions of dollars for their clients, won countless industry awards, and always have a low volume / high service approach to each and every case. We are the antidote to big personal injury firms. We will tell you what is needed to maximize your case value.

If you would like us to evaluate your case more closely, please call or text (407) 803-2139, 24/7/365.

 

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About the Author:

Tina Willis is a serious injury, accident & death lawyer, based in Orlando, Florida, although she accepts cases throughout the states of Florida and Georgia. Ms. Willis has won many prestigious industry awards, best personal injury & car accident lawyer awards, and recovered multi-millions for her clients. She was formerly a law professor, and graduated second in her law school class back in 1997. She formerly worked for some of the largest defense firms in the country, often on multi-million dollar cases. She used to represent large corporations & insurance companies, so she knows their playbook. We are very focused on the highest quality client service, and maximizing the value of every case we handle. We vigorously prosecute serious injury and death cases caused by auto accidents, semi-truck accidents, slip and fall accidents, products & premises liability cases, as well as medical malpractice.
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