| Read Time: 3 minutes | Frequently Asked Questions

Were you involved in a New Mexico car accident that resulted in a herniated disc? If so, you might have the right to pursue compensation for your injuries.

By presenting a personal injury claim to the at-fault driver’s insurance, you can seek reimbursement for your injuries and other damages.

Understandably, prospective clients want to know how much of a settlement to expect for a herniated disc. Contact the skilled New Mexico car accident lawyers at Tawney, Acosta & Chaparro P.C. to find out what your case could be worth.

Factors that Impact Your Lower Back Injury Settlement Amount

Every car accident claim is unique, which is why there’s no average settlement amount we can share with you. Individual factors impact your potential claim value.

Two accidents involving similar herniated disc injuries could result in vastly different settlement amounts. Read on for a detailed look at how we calculate the value of your herniated disc.

Injury Severity

The severity of your injury plays a crucial role in determining your potential settlement value. If your herniated disc pain resolves with minimal treatment, your case might not be worth as much as someone who required surgery.

For example, herniated disc injury settlements with steroid injections would likely be higher than for plaintiffs who only received physical therapy.


Determining who is responsible for the accident is also crucial. New Mexico is a pure comparative negligence state, which means you can receive compensation even when you’re primarily at fault.

However, your percentage of fault reduces your overall compensation. For example, if you’re 20% at fault, you can only receive up to 80% of your damages. Or, if you’re 80% at fault, you can only receive up to 20% of your damages.


Your overall losses also factor into your potential settlement amount. The higher your damages, the more your case could be worth. Damages are linked with injury severity.

Someone who requires surgical intervention to treat a herniated disc will have significantly more damages than those who received physical therapy and steroid injections.

Recoverable damages in a New Mexico car accident case can include the following:

  • Medical expenses to date,
  • Future expected medical costs,
  • Lost wages,
  • Future loss of earning capacity,
  • Pain and suffering,
  • Disability,
  • Mental anguish, and
  • Loss of consortium.

Your New Mexico car accident lawyer at Tawney, Acosta & Chaparro P.C. will discuss what damages apply in your case and how that impacts your potential case value.

Available Insurance Coverage

The amount of available insurance coverage directly impacts your potential settlement amount. It doesn’t matter if you have $200,000 in damages and no liability if the other driver only has $100,000 in available liability insurance.

The only option to try and collect above that amount is to sue the defendant directly. If you have underinsured motorist coverage under your policy, you might be able to make a claim for the additional amount.

The experienced car accident lawyer at Tawney, Acosta & Chaparro P.C. can help you understand your options so that you can choose the best way forward for your needs. 

Contact a New Mexico Car Accident Lawyer

Contact us if you want to know how much of a settlement to expect for a herniated disc resulting from a car accident in New Mexico. Our New Mexico car accident lawyers have years of experience assisting injured victims.

We know what it takes to build a successful case. We can help you fight for the compensation you deserve.Insurance companies like to undervalue herniated disc injuries, often claiming they are pre-existing.

We have the skills and expertise to help you gather the necessary evidence that proves the accident caused your injuries. Don’t risk your potential settlement by trying to represent yourself.

Let our New Mexico car accident lawyers help. Contact Tawney, Acosta & Chaparro P.C. today to schedule an initial consultation. 

Author Photo

James Tawney

James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona where he attended Northern Arizona University where he received his undergraduate degree. James then went on to attend Texas Tech University School of Law in Lubbock, Texas. In 2016, he, along with fellow plaintiff’s attorney Alejandro Acosta, founded Flores, Tawney & Acosta, P.C. with offices located in Las Cruces and Carlsbad, New Mexico, and El Paso, Texas.

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