what is the typical settlement for bulging disc with pain down the leg

I was rear ended while I was at a stop light.  The other parties insurance company gave me a claim number.  I have been going to physical therapy for 4 months. I had a  MRI which said I have a bulging disc at L5.  I have seen an orthorpedic surgeon, and have had three epidural shots for back pain.  I recently was sent to a rehab doctor and a emg was performed.  I have not gotten the resutls back.  Man that emg was very painfull.  I also had accupunture needles.  I talked to a lawyer and he wants to charge me 40 percent and no more.  Should I take the lawyer.   And what is the typical settlement for pain and suffering?

[mommy52]

Not sure what state you live in. My attorney here in Georgia told me that 25% was the max she could charge. ( I was willing to give her more to take the case, for she is GREAT). I have a work injury to R. Knee. W/C paying. Neck injury in 11/07. Denied since I had neck surgery in '98 Crazy huh? I am in the same boat as you. I was wondering what the settlement for knee injury wit a % perm disability raring.

[bev62]

Wow 40%, that's crazy. I also had a workers comp case in Tn and 25% was that max. I would shop around for another attorney.

[neuromanager]

40% seems like a lot,  I have seen up to 33 1/3 % on cases.  You must know that on an mva, you are only going to collect a max of whatever the driver's policy limits were at the time of the accident.   The guilty parties insurance company is not going to tell you and in some states the attorney plays heck finding out what the policy limits are.  If his/her limit was $50,000, that's the max you are going to get in any settlement,  minus your attorney's fees and medical bills.  Everyone could end up with some cash but you.  I manage a neurosurgical practice and we deal with motor vehicle accident patients and lawsuits on a daily basis.  For just a bulging disc and no surgery involved, I wouldn't expect to get the max on any policy.  I'll give you a scenario.  We had a patient who was rear-ended by an insured driver.  The patient suffered one bulging disc and one herniated disc in her back and two bulging discs in her neck.  The guilty party had a 100k policy limit.  She ended up having a two level fusion on her back.  By the time the insurance company finally paid out and the attorney was ready to settle up with the hospital, physical therapist, surgery center where she had injections and discogram and other medical bills, she had $270,000.00 in medical bills.  The insurance paid the policy limit of 100k.  The attorney got $38,000.00, the hospital settled for $30,000, the surgery center got $6,000.00, the surgeon got $6600.000, the va hospital got $1,000.00, the MRI facility got $4200.00, physical therapy got $2400.00 and the patient got the balance.  Do the math.  Now in every state their are laws governing payment of settlements to patients.  In some states the patient gets a percentage of the settlement after the attorney's fees and the balance is split between the medical providers and they have to accept whatever they get, especially if the medical provider filed a lien with their attorney.  To tell you the truth, in my experience, the only person I have ever seen REALLY come on on an mva settlement is the attorney.  I believe I would speak with another attorney who would thoroughly explain the settlement laws in your state and the disbursement of funds after settlement.  Remember, if you lose the case, you are responsible for all bills.  You can always sue the driver if they have anything worthwhile to get.  Hope this helps.

[jackiemh]

One year ago I had surgery to relieve my buldging disk pain.  My right leg and foot were numb and I was in agonizing pain for weeks.  Turns out part of that disk broke off, which is called a  "fragment" that was lodged in my siatica nerves.  It took my surgeon four hours to remove all the free fragments from that nerve.  Any numbness or pinching sensation I would not hesitate to have surgery.  This is a very mild back procedure compared to most, if this is your problem.  Hope this helps.

Jackie
Michigan