In California personal injury cases, intervertebral disc injuries are some of the most common and contested claims, especially in car accidents and slip and falls. These injuries can range from minor bulges to herniated discs that compress nerves and require surgery. Even “invisible” disc injuries can cause significant pain, disability, and long-term impact, making them highly relevant in legal claims.
🧠 What Are Intervertebral Disc Injuries?
- Intervertebral discs are the gel-like cushions between vertebrae that absorb shock and help with spinal movement.
- Injury can result in bulging, herniation, annular tears, or degeneration.
- Can affect any part of the spine—cervical (neck), thoracic (mid-back), or lumbar (lower back).
⚠️ Common Causes in PI Cases:
- Car accidents (rear-end, side-impact, head-on)
- Slip and falls (sudden twisting or impact)
- Trip and falls
- Motorcycle, bicycle, or pedestrian accidents
💥 Types of Disc Injuries:
| Injury Type | Description |
|---|---|
| Disc bulge | Disc pushes out slightly, may press on nerves but often asymptomatic |
| Herniated disc (slipped disc) | Nucleus pulposus leaks out, causing nerve compression |
| Annular tear | Tear in outer layer of disc, often painful and difficult to diagnose |
| Degenerative disc disease | Age-related wear that may be aggravated or accelerated by trauma |
| Sequestered disc | Free-floating disc fragment that may severely impinge nerves or spinal cord |
🧾 Medical Evidence That Supports a Claim:
- MRI (gold standard for showing disc herniation or tears)
- CT scans (sometimes used with contrast dye)
- Nerve conduction studies (EMG/NCV for radiculopathy)
- Specialist reports (orthopedists, neurosurgeons, pain management)
- Pain management treatment (injections, ablations, physical therapy)
- Surgical recommendations or procedures (discectomy, laminectomy, spinal fusion)
💵 Damages You Can Recover:
💲 Economic:
- Emergency room bills, imaging, diagnostics
- Specialist visits and physical therapy
- Injections (epidurals, facet blocks, nerve ablations)
- Surgery (e.g., discectomy, spinal fusion)
- Lost income and loss of future earning potential
- Assistive devices or home care (if needed)
💲 Non-Economic:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on relationships)
💰 Settlement Value Estimates:
| Injury & Treatment | Estimated Range |
|---|---|
| Bulging disc (no surgery) | $15,000 – $50,000 |
| Herniated disc (no surgery, chronic pain) | $50,000 – $150,000 |
| Herniated disc with injections or minor surgery (e.g., discectomy) | $150,000 – $300,000 |
| Disc injury requiring spinal fusion or causing permanent disability | $300,000 – $1M+ |
Value depends heavily on:
- Severity and documentation
- Treatment type and duration
- Impact on daily life and work
- Whether the injury is clearly linked to the incident
📅 Legal Deadlines (California):
- [Generally] 2 years from the date of the injury to file a personal injury lawsuit
- 6 months to file a claim against a government entity (e.g., slip and fall on public property)
🔍 What Strengthens an Intervertebral Disc Injury Case?
✅ Immediate and consistent medical treatment
✅ Clear imaging (MRI showing herniation or tear)
✅ Statements from medical experts linking injury to the incident
✅ Proof of functional impact (difficulty working, driving, exercising)
✅ Vocational reports if it affects future job ability
✅ Pain journal or daily life limitations
⚠️ Insurance Company Tactics:
- Calling it a pre-existing condition or age-related degeneration
- Dismissing disc bulges as “non-symptomatic”
- Offering lowball settlements early in the case
- Disputing whether surgery is “reasonable and necessary”
Law Offices of James R. Dickinson – 909-848-8448
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