As discussed in my previous post regarding neck and back injuries, auto collisions can cause painful spinal injuries. Less common than sprains or strains is the herniated disc.
There are 33 vertebrae in the human spine. These are divided into four sections: cervical (neck), thoracic (mid-back between the rib cage), lumbar (the lower back), and the sacral vertebrae (in the hip structure, including the tail bone). There is a cushion between each vertebra that acts as a “shock absorber” if you will. This disc has a flexible, solid outer shell with a gelatinous fluid within.
The outer shell of these discs can rupture, bulge, or herniate (a balloon-like bulge). When this happens, the disc can press on the spinal cord or press on other nerves that exit the vertebrae into other parts of the body. This can be very painful. The bulging disc interrupts the normal function of the nerves. Those suffering from herniated or bulging discs can experience electrical shock sensations in their arms or legs, numbness, muscle weakness, and sometimes even problems with bowel or urinary function. Herniated discs are usually diagnosed using an MRI.
Auto collisions and other spinal trauma can cause herniated discs. Disc injuries are most common at the C5-6 vertebrae in the neck and at L5-S1 in the low back. Sometimes these injuries are so serious that they require surgery.
Insurance companies and their doctors and lawyers invariably argue that the disc herniation was not caused by the trauma. They usually claim that the bulging or herniated disc existed before the trauma and was caused by aging alone. Or, they will try to find some other trauma to blame. Or, they will claim that the bulging is “minor” and not pressing on any nerves.
This is where lawyering makes a difference. Your lawyer should investigate: (1) Have you ever suffered from similar symptoms in the past? (2) Are there gaps in treatment or reporting of symptoms? (3) What do your doctors say? (4) What does the MRI show?
When confronting the insurance companies and their doctors, your lawyer must make clear that: (1) your disc injuries arose because of the trauma you suffered in this incident; (2) these symptoms did not spontaneously arise; (3) there is no other logical explanation for your disc injury symptoms; and (4) your herniated disc is indeed painful and debilitating. Your lawyer must provide clarity.