A herniated disc is a serious spinal injury that can result from accidents, falls, or trauma — and it’s a common medical issue cited in California personal injury cases. If your herniated disc was caused by someone else’s negligence, you may be entitled to significant compensation for medical treatment, lost income, pain and suffering, and long-term care.
🧠 What Is a Herniated Disc?
Your spine is made up of vertebrae with discs in between that act as cushions. A herniated disc (also called a slipped or ruptured disc) occurs when the inner gel-like core (nucleus pulposus) pushes out through a tear in the outer layer (annulus fibrosus).
This can compress nerves and lead to:
- Sharp or radiating pain
- Numbness or tingling (especially in arms or legs)
- Muscle weakness
- Reduced range of motion
- Sciatica (nerve pain down the leg)
🚗 Common Causes in Personal Injury Cases
Herniated discs often result from trauma to the spine, such as:
- Car accidents, especially rear-end collisions
- Truck or motorcycle crashes
- Slip-and-fall accidents or trip hazards
- Assaults or blunt force trauma
- Medical malpractice (e.g., surgical error or improper lifting technique by a caregiver)
⚖️ Herniated Disc in a California Personal Injury Claim
In a successful claim, you must prove:
- The defendant owed a duty of care
- That duty was breached (e.g., unsafe driving, unsafe property)
- The breach caused your herniated disc
- You suffered actual damages
California law allows for both physical and emotional damages, even if pre-existing conditions were worsened by the accident.
💰 Damages You Can Recover
🔹 Economic Damages
- ER visits, diagnostics (MRI, CT scans)
- Physical therapy and chiropractic care
- Prescription medications
- Epidural steroid injections
- Surgery (e.g., discectomy or spinal fusion)
- Lost wages and reduced future earnings
- Assistive devices or mobility aids
🔹 Non-Economic Damages
- Pain and suffering
- Emotional distress or anxiety
- Inability to engage in daily activities or hobbies
- Loss of enjoyment of life
- Loss of consortium (impact on family or relationships)
🔹 Punitive Damages
Available if the injury resulted from reckless or intentional behavior (e.g., DUI, assault).
🧾 Key Evidence to Support Your Case
Because herniated discs may not show up on X-rays, medical documentation and expert evaluation are essential.
✅ Useful Evidence Includes:
- MRI or CT scan results
- Orthopedic or neurological specialist reports
- Pain management records
- Physical therapy notes
- Testimony from medical experts
- Statements from family or coworkers about your limitations
- Evidence of prior condition (to show aggravation, if applicable)
👨⚖️ Why You Should Contact a Personal Injury Lawyer
Insurance companies often challenge herniated disc claims, arguing they stem from aging or pre-existing degeneration. A California personal injury attorney can:
- Prove causation using expert testimony
- Help you estimate long-term costs (especially if surgery is needed)
- Maximize your settlement or court award
- Negotiate aggressively with the insurer
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].