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Hi,

It totally depends on what your job is, what treatment you required and whether this is a permanent injury that has stopped your career in your tracks.

If for example you were unemployed or on welfare benefits and suffered a herniated disc while slipping over in a supermarket, you are unlikely to get more than a few thousand pounds for your pain and suffering.

If however, you are a young student, apprentice, trainee pilot, lawyer, doctor, stockbroker, swimmer or athlete and this injury is going to totally halt any career in your chosen industry you could potentially get a lot more. Depending on the circumstances you can apply for compensation not only for your current loss of wages but for your future wages for the entire length of your career.

I am not a lawyer but I did successfully represent a friend in the UK which went to The Royal Courts of Justice (akin to The Supreme Court) who was knocked over and run over by a policeman when he was 15 and awarded £137,000 plus welfare benefits, housing, food payments and £200 per week Disability Benefits for the rest of his life.

He did suffer a degree of brain damage but has been able to live a fairly normal life and he has a partner and two children.

The total lawsuit was for £1.5 million (GBP) but only 15% was awarded as the court decided that the policeman may not have been speeding when he knocked over my friend and that he may not have noticed a 180 pound lad being dragged under his car for nearly 100 feet.

The law isn't easy and depending on the circumstances, it may be better to try and settle out of court. If the herniated disc is temporary and only stopped you working for 3 months and there is no lasting injury, my advice would be to contact their insurers yourself and turn down the first two offers.

If you take it to court and don't have the money up-front to settle legal costs, you're going to have a hard time proving your case. If it happened at work and there are witnesses, you stand a much better chance of winning your case if it went to court, so the insurers are likely to offer you substantially more. If for example it was a simple case of a child in a supermarket that had spilled some drink on the floor and before any staff noticed, a customer had fallen and injured themselves, this would be worth substantially more than if you were on your own and had no proof other than your injury. In the supermarket case, although it could be argued in court that the store is not responsible if a customer spills a drink, your return argument would be of course that the supermarket by law must have Liability Insurance in order to let the general public onto their property and as such must be fit for the purpose i.e. there should not be any liquid on the floor at any time while the store is open.

If you can give me a bit more info about what happened, how it happened, your career (or chosen career if you are a student) and your age (my friend was 15 when he was knocked over and was awarded 40 years at £22,000 for lost wages which totalled nearly £1 million and there were further costs for pain and suffering totalling £200,000 + but as stated earlier he was only awarded 15% of this in total as we couldn't prove the policeman was speeding), I can give you a better idea of what your injury would be worth.

If you are offered money from the insurance company to not go to court, it is worth turning down their first and second offer which they will automatically increase if you say no. It's bad publicity for a company to be taken to court after suffering such a severe injury on their premises and a herniated disc is classed as a severe injury. Before accepting $1000-$3000 and deciding it's quite a good offer, you should also insist that the insurance company be responsible for payment for an MRI scan to ensure that the disc has not been permanently damaged.

I hope this gives you a bit more of an idea. At the very least it has to be worth £1000 ($1500) for pain and suffering if you have fully recovered and it was just a temporary set-back and if you have not been able to work during that time, you can also claim for your loss of wages (including any overtime) that you would have earned i.e. $1500 for pain and suffering, plus 12 weeks lost work at $300 per week would give you $5,100 in total, so it's definitely worth pursuing if the injury was not caused deliberately by yourself and especially if there were other witnesses and it has caused massive pain and suffering (including depression) your claim could be far higher running into several tens of thousands of pounds. Don't even bother trying to scam them if your injury is not as severe as you are making out as their insurers will almost certainly want you to undergo an MRI to assess what damage was caused to your spine/disc and whether it it permanent-they will also pay for the MRI scan and ask you to attend a hopital and will also pay your travelling costs to and from the hospital/clinic.

I wouldn't bother consulting one of the 'Totally free' lawyers yet until you have put in writing the whole case and sent it (after taking a copy yourself) to the insurers giving them 14 days to pay whatever amount you decide your injury is worth or you will seek to take the matter to court. I hope this gives you some idea-Steve Chiocca.

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15y ago

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