Herniated Disc After a Car Accident — Diagnosis and Legal Claim Process

What Is a Herniated Disc and How Does It Occur in a Car Accident?

The spinal cord is covered by a series of 33 bones (vertebrae), forming the spinal column/spine/backbone. Between most vertebrae are cushion-like structures called intervertebral discs. These discs act as shock absorbers for the spine, provide spinal stability, allow the spine to be flexible, and create spacing for spinal nerves.

An intervertebral disc has three major parts — nucleus pulposus (a soft, gel-like center), annulus fibrosus (a tough, fibrous outer layer), and two cartilaginous endplates (covering the top and bottom of the disc).

In a car accident, a combination of whiplash, blunt trauma, and compression forces can subject the intervertebral discs to extreme stress, which can lead to the annulus fibrosus tearing (annular tear). 

The inner soft, gel-like center might then push/bulge out through the tear, resulting in a herniated disc. The herniated material can press on nearby spinal nerves (nerve impingement), causing pain, tingling, and muscle weakness.

Herniated discs are most common in the cervical and lumbar spine. The thoracic spine is the least common site for herniations. 

Symptoms and Signs of a Herniated Disc After a Crash

The common symptoms and signs of a herniated disc are:

• Sharp, persistent localized pain in the neck or back that can worsen with movement.
• Sharp or shooting pain that radiates from the lower back to the buttocks, thigh, calf, and into the foot (sciatica), or from the neck to the shoulder, arm, and fingers.
• Muscle weakness or spasms. The pressure on compressed spinal nerves can disrupt nerve signals that control muscle movement.
• Reduced range of motion and stiffness. The pain, numbness, tingling, muscle weakness, and nerve irritation caused by a herniated disc can restrict movement.
• Loss of bladder or bowel control. In severe cases, a herniated disc can press the nerves of the lower spine (cauda equina syndrome). These nerves are responsible for bladder and bowel control. Therefore, when compressed, one may experience incontinence or trouble urinating. This symptom requires emergency medical attention.

The above-discussed symptoms vary depending on the herniation’s location and nerve involvement.. For instance, the area of pain for a lower back herniation is different from when one suffers a neck herniation. 

Also, symptoms are more likely to be more severe when a herniated disc presses on a nerve than when it doesn’t. 

Diagnosing Herniated Discs Post-Accident

A diagnosis of a herniated disc typically begins with a physical exam. A physician may perform the straight leg raise or other tests to assess your posture, range of motion, and reflexes. 

They may then perform imaging tests, like an X-ray or CT scan, to rule out other causes of your back pain, and to generate detailed, cross-sectional images of the spinal column and the structures around it. To confirm the location and severity of the herniated disc, an MRI will be performed. And when these tests give inconclusive imaging results, your doctor may perform a myelogram.

An electrodiagnostic test, such as an electromyography (EMG) and nerve conduction study (NCS), can also be used to confirm if the herniated disc is compressing a nerve and identify the specific location of nerve compression.

It’s critical to get immediate medical attention after an accident to receive early diagnosis and treatment. Prompt medical attention also allows you to have documentation that links your injury to the accident.

Treatment Options for Herniated Disc Injuries After a Car Crash

A herniated disc injury can be treated using conservative treatments, such as:

• Medications: Over-the-counter pain relievers and anti-inflammatories to reduce pain and inflammation.
• Physical therapy: Healthcare providers might instruct you to use exercises to help a back injury that can help improve flexibility and strengthen the core.
• Epidural steroid injections: This will help reduce pain and inflammation around nerves.
• Activity modifications and ergonomic support: You might need to adjust your activities and environment to reduce spine strain.

When conservative treatments do not provide relief, which means the injury is severe, surgical treatments may be used. These include discectomy (removal of the herniated portion of the disc) and spinal fusion (permanently joining two or more vertebrae to stabilize affected vertebrae). The use of an artificial disc to replace a damaged one is also increasing.

The recovery timeline for a herniated disc can vary from a few weeks to months, depending on severity and treatment options. Ongoing medical care is vital in preventing chronic pain, permanent nerve damage, or disability.

The Legal Claim Process for Herniated Disc Injuries in Nevada

The steps for a herniated disc legal claim process include the following:

• A free case evaluation with an experienced car accident lawyer to understand your case and options.
• Gathering and organizing medical records, accident reports, witness statements, photos and videos of the accident scene and visible injuries, your personal journal, and communication records.
• Filing a claim with the at-fault party’s insurance company.
• Your lawyer negotiates a fair settlement with the insurer.
• If negotiations do not lead to fair compensation, the next step would be filing a lawsuit — your lawyer takes your case to trial to protect your rights.

It’s important to meet deadlines, as you have to observe Nevada’s statute of limitations. Adam S. Kutner, Injury Attorneys, offers support to victims at every stage to help them make informed decisions while recovering.

Compensation for Herniated Disc Injury Claims

You should build a strong case to receive the average car accident settlement. You will want to fight for compensation that covers all your damages. This includes medical bills and future treatment costs (medications, surgeries, therapy, and rehabilitation), lost wages and reduced earning capacity, pain and suffering, emotional distress, disability, and loss of enjoyment of life. 

The settlement you may receive will be influenced by several factors, including injury severity and documentation.

Challenges in Herniated Disc Claims and How a Lawyer Can Help

You may face certain changes when you file a herniated disc claim. For starters, the at-fault party’s insurance company may dispute the causation of your injury or its severity. For example, it may argue that an age-related degeneration caused the herniated disc, not trauma from the accident.

Moreover, if you had a pre-existing condition, the insurer may claim it’s the one causing pain. Or it may deny or undervalue your claim.

A skilled Nevada injury lawyer can help you navigate these challenges. We will investigate your case thoroughly, secure expert testimony, and gather solid evidence. In addition, we will help you access medical experts to help you understand complex medical terminology.

Long-Term Outlook and When Surgery Becomes Necessary

If a herniated disc is left untreated, it can lead to lasting complications like chronic pain, permanent impairment, and nerve damage. Severe cases should be treated using surgical interventions to relieve symptoms and improve quality of life.

Sustaining a herniated disc injury in a car accident can result in lifelong care costs. At Adam S. Kutner, Injury Attorneys, we help maximize compensation for injured victims.

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