Average Settlement for a Herniated Disc in California

By Douglas D. Shaffer

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Personal Injury

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Last Modified on Nov 09, 2025

Contending with a severe back injury is a strenuous experience in itself. It can be even more overwhelming when medical bills pile up, and you cannot go back to work. Golden State residents in this position may begin researching the average settlement for a herniated disc in California and consider filing a claim.

Severity, liability, and insurance limits can influence compensation. Understanding these factors and learning your legal rights can help you achieve the fair settlement you deserve.

Understanding Herniated Disc Injuries

Disc herniation occurs when a spinal disc’s soft center pushes through a crack in the tougher exterior casing, which can irritate proximal nerves, causing pain, numbness, or weakness in the arm or leg. This injury often results from workplace incidents, slips and falls, or car accidents, with car accidents being the cause of 63% of continuous lower back pain.

Remedies for herniated disc pain can range from physical therapy and steroid injections to surgery. The long-term impact of this injury on your quality of life is a significant factor in calculating damages.

If you received treatment from a Los Angeles emergency room, such as Cedars-Sinai Medical Center on Beverly Blvd or Dignity Health California Hospital Medical Center on Grand Ave, your current and future medical costs are the foundation of your claim. Insurance companies may try to downplay your injuries as pre-existing conditions or as merely “soft tissue” damage, so medical documentation is imperative to a herniated disc case.

Factors Influencing Your Settlement Value

Determining the value of your claim entails more than just entering figures into a calculator. California personal injury laws consider several variables, such as the following:

• Medical expenses: In addition to emergency room visits, medication, MRI scans, current and future surgeries, ongoing physical therapy costs, and anticipated long-term care costs are relevant to your claim and should be included in your settlement demand.
• Lost wages and earning capacity: You are owed compensation for lost income if your herniated disc forces you to miss work. If this injury results in a permanent disability that keeps you from work in the future, you are entitled to claim for loss of earning capacity.
• Pain and suffering: Damages that aren’t financial, like physical pain, emotional anguish, reduced quality of life, and lack of enjoyment of life, can also impact compensation amounts. California does not have a cap on pain and suffering, except in medical malpractice claims, so your settlement is based on how severely your injury impacts your life.
• Liability and comparative negligence: As outlined in California Civil Code Section 1714, California follows a pure comparative negligence rule. This means that if you were partially at fault for the incident, your compensation decreases by your percentage of fault.

Hire a Personal Injury Lawyer

It is common for insurance adjusters to try to minimize payouts. They will even use your words against you or dispute the severity of your medical condition to do so. You can level the playing field by choosing to hire a personal injury lawyer. An attorney can handle the following:

• Communicate with insurance companies
• Gather relevant evidence
• Consult with medical professionals to back your claims

Having qualified legal representation guarantees you get every penny you’re entitled to and that your rights are protected throughout the process.

Why Shaffer Law

The right legal team can make the difference between receiving a lowball offer and a settlement that meets your needs. For decades, Shaffer Law has served Southern California communities, advocating for and protecting the rights of people injured by someone else’s negligence.

Attorney Douglas D. Shaffer, our founder, has decades of experience handling cases involving minor injuries and those involving death. His efforts inside and outside of the courtroom have recovered more than $100 million for our clients.

FAQs

How Much Should I Settle for in a Herniated Disc Case in California?

The amount you should settle for in a herniated disc case in California largely depends on how severe your injury is and the circumstances surrounding your liability in your case. There is no standard amount to settle for, as each incident has its own unique circumstances, from the amount of insurance available to the degree of fault.

What Are the Signs of a Good Settlement Offer in California?

Some signs of a good settlement offer in California include coverage of your past and future medical expenses and fair compensation for your lost wages and pain and suffering. A good settlement accounts for long-term care needs in cases of permanent injuries, and does not leave you with out-of-pocket costs.

How Long Does a Herniated Disc Settlement Take in California?

How long a herniated disc settlement takes in California depends on the specifics of the case. Cases where liability is clear and treatment is complete may take a few months, while cases with liability disputes or with extensive, ongoing medical treatment may take longer. It may also take longer to reach a settlement if litigation and trial scheduling are required.

Does Having an MRI Completed Increase My Settlement in California?

Yes, an MRI can increase your settlement in a herniated disc case in California, because it helps prove the extent of your injuries. X-rays show fractures, but not soft tissue injuries, while an MRI documents injuries such as a herniated disc, which makes it harder for an insurer to say your pain was pre-existing or exaggerated.

Essentially, it provides proof that can increase the value of your case as it validates your medical treatments.

Get the Support You Need From a California Personal Injury Lawyer Today

Suffering from a herniated disc is a painful, disruptive experience, but you don’t have to deal with the financial consequences alone. Working with a lawyer to understand the value of your claim and the factors that influence it is the first step toward receiving the settlement you deserve.

Insurance companies don’t have to dictate the value of your health and future. If you or a loved one has suffered a herniated disc injury on account of someone else’s negligence, act now.

Contact our firm today for a consultation with a personal injury attorney. We can help you secure the full and fair compensation you are legally entitled to. Reach out to us to start the journey toward recovery and justice.