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Herniated Discs from Car Accidents

Herniated Discs from Car Accidents


What is a Herniated Disc?

The nerves can become affected by a herniation at the lumbar spine disc. This can lead to radiating discomfort. A disc, a fluid-filled circular shape between your vertebrae in your spine, is called a disc. Your spine cushions are provided by intervertebral Discs. A disc protects your spine from injuries and helps to absorb stress.

The spine is connected to a large network of nerves, which transmit sensations such as numbness and discomfort throughout the body. They are very close to the spine, nerves and are therefore vital for the health of your entire nervous systems. Nerves allow you to communicate with other parts of your body by moving from your spinal column to your brain. A properly made disc should not pinch or contact nearby nerves. Herniation is caused by pressure being forced from the disc.

Can a car accident cause herniated discs?

A herniated spine is caused by the impact of a car collision. One of your vertebrae (bones on the spine) may push into your spinal cavity. If this happens, it can compress, put pressure or cause irritation to your spinal cord. This bundle of nerves carries messages from the brain to various parts in your body.

How to take care of a herniated disc from a car accident

The discs that cushion your spine and back are small. After disc injury, it is common to have bulges or herniates. As well as the normal wear and tear of aging, an injured or degenerative disc can lead to a herniated spine. Herniated discs may cause leg pain and numbness, or back pain, when they press on a nerve.

Rest, medication, exercise, and rest can all help to heal herniated spines. Some cases may require a surgical procedure. If the person suffering from a slipped distal has lost bladder control or bowel control, is unable to move their legs or has weakness, dial 911.

STEP 1. TREAT THE PAIN

In order to alleviate immediate discomfort, you can adjust your posture or change your position. Some people find that lying on their backs with their legs bent at a 90-degree angle and their feet elevated on a chair is a comfortable position. Do not apply a cold compression for more than 20 minutes at once. Nonsteroidal antiinflammatory medications (including Motrin/Aleve/Advil/Naprosyn) can be used.

STEP 2: LET THE PATIENT REST

Do not stay still for more then a day. You should get back to work as soon after you are fully recovered. It is best to avoid lifting or pushing.

STEP 3 CONSULT WITH A DOCTOR

All slipped discs must be evaluated.

STEP 4. FOLLOW UP TREATMENTS

The doctor may recommend the use of injections of anti-inflammatory drugs, pain relievers, and muscle relaxants. A common time frame for improvement is six weeks. If the back is in poor health, back surgery may be required.

There are 3 signs that a herniated disc is present you should be aware of

If your disc in your spine bulges/ tears, you could feel pain in your back or legs. Below are three signs that your lower back pain is caused by a bulging, herniated disc.

PAIN WHEN SLEEPING

According to some estimates, sitting places a significant strain on your lower spinal discs. Your lower back pain can worsen if your bulging or herniated disc becomes more visible.

PAIN RADIATING THE DOWN YOUR EG (SCIATICA)

A bulging or herniated disc in the lower back is most commonly located at or near the nerve root, which can either be found in the posterior (back), side (side) or middle (back). These nerve roots can be affected by either one or both the techniques described below.

Direct compression The spinal nerve root exits through the spinal canal.

Chemical irritation. If chemical irritants leak out of a herniated disc, irritation and inflammation may occur.

This affects the ability of the damaged nerve roots to function. You will feel burning pains, numbness or weakness along your front and/or rear thighs, legs, and/or feet. Sciatica is the term for these symptoms. Sciatica usually affects one leg at the time.

SPECIFIC ACTIVITIES THAT AGGRAVATE PAIN

Certain activities can cause lower back pain and/or sciatica. Inflammation of the lumbar discs can cause pain that is intense and rapid. Pain is more often caused by a combination or multiple factors than one specific injury. However, it seems like the pain came out of nowhere.

The majority of the time, this illness does not pose a threat to your life. However, it can cause severe pain. A disc herniation is a condition in which almost 90% of the patients do not experience pain within six weeks.

What are the other causes for herniated discs

Although there are many reasons for a herniated spine, the most common is when your intervertebral cushion (the space between your vertebrae) bursts or becomes bulging. This disc can take up more space than it needs, which can lead to severe pain.

TEAR AND WEAR THE SPINE

Herniated discs can be caused by both spinal strain and everyday wear and tear. Another term for this is “degeneration”.

The intervertebral spines in the back distribute and support our weight. Additionally, they absorb movement-induced injuries (such as walking or twisting and bending). Because our discs allow us to move so well, they might wear out. A disc could bulge (or herniate) when the outer annulus fibrous layer begins to deteriorate. This allows for the nucleus pulposus (inner jelly-like) to push through.

INJURY

Injury may cause herniated or ruptured discs. For example, a disc might herniate after an automobile accident. This is because the disc is subject to too much pressure. The incorrect lifting of heavy objects or excessive twisting can cause disc herniation.

A COMBINATION DEGENERATION/INJURY

Herniated discs can occur due to trauma to the intervertebral and wear and tear (degeneration). You may find that your disc has become too weak to allow for even small incidents to cause a herniated. The most common cause of disc herniation is sneezing. While it may not seem like sneezing is harmful, if you already have weak discs, sneezing could trigger herniation.

What to do after a car accident if you have a herniated disc

These are the steps to follow if you’ve suffered a herniated disc from a car collision.

  • Examine immediately. A herniated spine can be treated by proper diagnosis and medical treatment. The sooner the person seeks treatment, the better their chance of recovering and ruling out permanent damage. As an injury attorney, I recommend to people that they get medical care as soon as possible. That way they can return to their normal lives and make a full recovery. You should also make sure your doctor diagnoses any potential more serious injury immediately. One example is disc extrusion, which can result in permanent spinal cord injury.
  • To determine if your herniated disc is present, get medical treatment. A doctor cannot treat you until you know the reason for your symptoms. The proper diagnostic testing will enable you to be prescribed the best treatment and make the necessary referrals. A herniated disc will not be found on an x-ray taken at an emergency department or doctor’s offices.
  • If you have a herniated or ruptured disc from a car accident, it is better to document the issue early. This will help avoid future problems with insurance companies. Your injury can be documented early, either in the emergency department or by your family doctor. If you do have a more severe injury, it is important to document the early symptoms. This will allow you to avoid many problems associated with an insurance company refusing to pay medical treatment and denying that there was a causal relationship. If you receive treatment early and have medical documentation, it is more likely that your insurance company will cover your medical costs.
  • A clear relationship between the collision with the treatment of a condition or injury and its documentation is important for your lawyer in obtaining a fair and just legal settlement. You will not be able to recover quickly and get your injuries under control if you delay in getting treatment or leave out important medical documentation. This makes it harder for your lawyer and insurers to pay your bills and ultimately, your ability to receive a fair settlement for your pain and suffering.
  • Don’t attempt to “tough out” this injury. If you don’t get medical treatment immediately, this can lead to permanent pain and disability. I’ve seen it happen many times as an injury lawyer. People feel they don’t have to “complain.” But, in a matter of days or weeks, what they thought would become a minor injury that would resolve quickly becomes a much more serious injury. This injury is like a ticking time bomb in your back. If more disc material protrudes from your annulus or disc fragments press into your spinal canal, it could become even more serious.
  • A lawyer who is skilled in helping victims of car accidents will be able to help you. The majority of experienced lawyers can help people with a herniated spine after a car crash. The initial call to your insurance company will be free. You will also be informed about what your rights are regarding medical care and wage loss. An attorney will be able to help you review all of your medical records and help you determine what your case is worth in the event that your disability or pain was caused by negligence or carelessness.
  • You should inform your auto insurer about the herniated spine after a car wreck. If you live in Michigan make sure that this is included in your application for No Fault benefits. It’s also called your “written note of injury” and must be provided to your No fault auto insurance company “within a year after the accident.”
  • Do not sign any settlements. Releases or waivers related to your crash.

What if I had a bad neck or back before the accident?

A Disc Herniation after a Car Accident can be aggravated or re-injured.

As we age, our discs become less hydrated and more susceptible to injury. This is called disc degradation and it is common with the aging process. disc degeneration causes the disc to become less flexible and more likely to burst or herniate as a result of trauma such as a car accident.

The law stipulates that the plaintiff is taken as he is by the defendant. This legal theory is often referred to as the Eggshell Doctrine. This means that if a plaintiff has a fractured spine from an accident, and the defendant hits her in a car accident, causing more pain and spinal problems for her, the defendant may be liable for aggravating or reinjuring the disc herniation.

If the car accident case involving herniated discs does not settle before trial, the jury will be asked for an evaluation of the plaintiff’s damages. The jury will then allocate damages that are related to the car accident. If the jury is unable or unwilling to assign pain and suffering due to pre-existing disc injuries, the jury can award all of the suffering and pain resulting from the car accident.

This is a complex legal topic. Let’s see an example. Johnny can be considered to have a preexisting disc herniation if he has a cervical disc herniation that is C5-6 in his neck.

Johnny can sue Billy for more cervical pain and aggravation from his preexisting disc herniation if he’s then rear-ended in an auto accident by Billy.

A jury will be asked to determine how much Johnny’s pain, suffering, and other factors are worth taking into consideration. If the jury cannot determine the difference in Johnny’s pain levels before and after the accident, there are many options that allow Johnny to be awarded his full damages.

Frequently Asked questions about herniated discs after car accidents

WHERE CAN YOU GET A HERNIATED DISC?

You might develop a herniated spine in your neck, lower back (thoracic), or mid-back. The most common signs of axial discomfort are in your medical records. Axial discomfort only affects the neck and lower back.

WHAT IS A CLAIM INVOLVING HERNIATED DISC WORTH?

Sometimes it can be difficult to determine the amount of a herniated-disc claim. The value of a herniated cervical disc claim depends on many factors. A cervical herniated-disc injury claim can be valued by considering the following components:

  • Accident severity;
  • How severe and what type of injury it was
  • What type of treatment is necessary for herniated Discs?
  • Information about the victim’s medical history, and their age
  • The doctors provide a prognosis.
  • You can suffer pain and suffering as well as non-economic losses (loss or enjoyment of your life);
  • The amount of insurance coverage and who was at fault.

Your injury claim may be affected if you have a pre-existing condition. Because of preexisting conditions, insurance companies are likely to undervalue or dismiss injury claims involving a herniated or injured disc from an accident.

Some argue that because you have a particular medical condition, are an older person, or have had a cervical spine accident, you should be compensated less than someone who does not have any such variables.

WHAT IS THE AVERAGE PAYOUT PER HERNIATED DISC?

A herniated spinal disc can cause severe injuries, as well as a lengthy recovery time. You could be eligible to receive compensation. Average settlements for herniated spines are $360,000. Median range is $65,000.

Disc herniation occurs in the majority of workplace accidents and automobile accidents. Any responsible party, including the at-fault driver, could face criminal sanctions. Individuals who are in an accident at work can receive workers’ compensation benefits through their employer’s insurance. Compression can lead to serious injuries that require immediate medical attention.