Herniated discs, also known as slipped discs or ruptured discs, occur when the soft center of a spinal disc protrudes through a tear in the outer layer of the disc. This can put pressure on the nerves in the spine and cause pain, numbness, and weakness in the back and limbs. Herniated discs can be caused by a variety of factors, including degenerative changes in the spine, traumatic injuries, and simply lifting heavy objects improperly. Importantly, however, if you have suffered a herniated disc due to somebody else’s negligence, you may be eligible to claim compensation.
At the start of the compensation claims process, we will review your case to determine if you have grounds to make a claim, for free. If you do, we will connect you with one of our personal injury solicitors, who can provide you with free legal advice and represent you on a No Win No Fee basis. This basically means that you won’t have to pay any upfront solicitors’ fees, and you won’t be charged if your case is unsuccessful.
If you’d like to find out more about when you could make a claim, and how much compensation for a herniated disc you might be entitled to, please carry on reading. Alternatively, call 0800 6524 881 if you’d like to start the claims process asap.
Table of contents
- Am I Eligible To Claim Compensation For A Herniated Disc?
- Common Accidents That Can Cause Herniated Discs
- Common Types Of Herniated Disc Injuries
- How Much Compensation Do You Get For A Herniated Disc?
- What Evidence Can Help Support A Herniated Disc Claim?
- What’s The Time Limit For Claiming Herniated Disc Compensation?
- Do I Need A Solicitor To File A Claim?
- Starting The Herniated Disc Compensation Claims Process
To be eligible to claim compensation for a herniated disc, you will typically need to be able to answer yes to the following three questions:
- Did the defendant in your claim owe you a duty of care?
- Were they in some way negligent and caused an accident to happen?
- Did you suffer a herniated disc as a direct result of the accident (causation)?
Proving negligence and causation can be challenging, so it is important to gather as much evidence as possible to support your claim. We shall go over this in more detail in a further section below.
Some common accidents and causes of a herniated disc include:
- Road traffic accidents. A sudden impact in a car accident for example can cause herniated discs.
- Falls from a height. Accidents such as a fall from a ladder at work or a fall off scaffolding can cause traumatic injuries such as a herniated disc in the spine.
- Lifting heavy objects improperly. Lifting heavy objects improperly due to inadequate workplace training, such as bending and twisting while lifting, can put a strain on the spine and particularly the lower back which can increase the risk of a herniated disc.
- Repetitive Strain Injuries. RSI can lead to herniated discs caused by repeated lifting or bending.
These types of accidents can cause a wide range of herniated disc injuries, from mild to severe. Mild injuries may cause only temporary discomfort, while severe injuries can cause chronic pain and disability. If you sustained a herniated disc in an accident or incident caused by the negligence of somebody else, we could help you to claim compensation.
Herniated disc injuries can range from mild to severe, depending on the location and size of the herniated disc, as well as the severity of the nerve damage. Some common types of herniated disc injuries include:
- Bulging disc. This is a mild form of a herniated disc in which the outer layer of the disc is weak but still intact. A bulging disc may cause some discomfort but typically does not result in nerve damage.
- Protruding disc. This is a more severe form of a herniated disc in which the outer layer of the disc is partially torn, causing the inner layer to protrude outward. A protruding disc can cause significant discomfort and may result in nerve damage.
- Extruded disc. This is the most severe form of a herniated disc, in which the entire inner layer of the disc has ruptured through the outer layer and is pressing on the nerves. An extruded disc can cause severe pain and may result in long-term disability.
As part of the herniated disc claims process, you’ll need an independent medical assessment carried out. This assessment can usually be arranged locally. During the assessment, a medical expert will review your herniated disc injury and discuss with you how you’ve been affected. The report they produce, which will go to both parties, will detail your injury/injuries and your prognosis.
Treating a herniated disc typically involves a combination of medication, physical therapy, and in some cases, surgery. Importantly, the severity of your injury and also the type of treatment you receive will have an impact on the amount of compensation you may be entitled to.
Common treatments for herniated discs include:
- Medication. Nonsteroidal anti-inflammatory drugs (NSAIDs, for example, ibuprofen) and muscle relaxants may be prescribed to help reduce pain and inflammation. As these types of drugs aren’t suitable for everyone it’s important to check with a pharmacist if in any doubt.
- Physical therapy. Stretching and exercising correctly can help to strengthen the muscles in the back and improve flexibility, which can help to alleviate pain and improve mobility. Physical therapy may also involve techniques such as heat and cold therapy, ultrasound, and electrical stimulation.
- Surgery. In some cases, surgery may be necessary to remove the herniated disc and alleviate pressure on the nerves.
If your claim for a herniated disc is successful, any expenses associated with the injury could form part of your settlement.
The amount of compensation you could receive for your herniated disc will depend on the specific circumstances of your case. Factors that may be taken into consideration include:
- The severity of the pain caused by your herniated disc.
- The impact the injury has had on your daily activities and hobbies (loss of amenity).
- Any mental suffering caused by distress, anxiety, or depression associated with the accident or your injuries.
- Loss of earnings and future loss of earnings for more serious, long-term consequences of the injury.
- The cost of physiotherapy and private medical treatment (if required).
- The cost of care if someone else had to support you with your daily activities while you were injured.
- Travel expenses related to your herniated disc.
- The cost of home or vehicle adaptations if your herniated disc leaves you disabled and the modifications will improve your quality of life.
If you’d like to go over the details of what’s happened with a specialist on our team, please don’t hesitate in using our live chat to discuss your herniated disc injury asap.
As suggested in the previous section, any payout for a herniated disc can vary widely, but it is typically higher for more severe injuries that have a significant impact on a person’s quality of life. However, we’ve used figures (for general damages) that the Judicial College advise demonstrating potential payouts for injuries to discs below.
- £65,740 – £130,930 compensation for serious injury to discs in the cervical spine of the neck.
- £13,740 – £24,990 compensation for moderate injury to discs in the cervical spine of the neck.
- £38,780 – £69,730 compensation for serious injury to discs in the back.
- £12,510 – £38,780 compensation for moderate injury to discs in the back.
- £7,890 – £12,510 compensation for a minor injury to discs in the back.
Although you should treat these figures as simply advisory, in general, you may expect to receive a higher payout for a herniated disc if you have suffered long-term or permanent disability.
If you are seeking compensation for a herniated disc caused by an RTA, an employer, a business, or any other organisation, it is likely that an insurance company will handle your claim. In order to have the best chance of receiving compensation, you will need to provide evidence to demonstrate the circumstances of the accident, who was responsible, and the extent of the injury.
Some types of evidence that may be helpful in supporting a herniated disc claim include:
- Photographs of the accident scene and any visible injuries.
- Accident report forms.
- Medical records.
- Camera footage (CCTV, dashcam footage etc).
- Witness statements.
Our team can assist you in gathering and reviewing evidence to support your arm injury claim.
The time limit for claiming compensation for a herniated disc is typically 3-years and will generally begin from:
- The date of the accident that caused the disc injury; or
- The date your herniated disc was diagnosed by a medical professional (if later).
Starting the claims process early on could allow your personal injury solicitor to secure interim payments if private medical treatment is required, or you’re suffering further from a loss of earnings, for example.
No, you do not. However, making a compensation claim for a herniated disc can be a complex process, and it is advisable, we would suggest, to seek the help of a personal injury solicitor.
A solicitor can provide you with expert legal advice and represent you in negotiations with the defendant’s insurers. They can also handle all of the paperwork and ensure that your claim is pursued in a timely and effective manner.
Using a personal injury solicitor can also help to increase your chances of success, as ours are experienced in gathering and presenting evidence to support all types of claims. They can also help you to understand the legal process and advise you on the best course of action to take.
If you have suffered a herniated disc due to somebody else’s negligence, and you would like to find out more about your options for claiming compensation, please don’t hesitate to get in touch. Our team of personal injury solicitors is here to help you through every step of the claims process and ensure that you receive the compensation you deserve.
If you’d like to discuss how much compensation for a herniated disc you could potentially claim, please call us on 0800 6524 881 today.