Herniated Disc in Truck and Auto Accident Cases

Herniated Disc Truck Accident Cases

Our truck accident lawyers frequently handle herniated disc truck accident cases in Maryland and around the country. Because of the force that is involved in a typical truck accident, it is not surprising that herniated disc injuries, particularly in our attorneys' experience back herniations, are all too common. Below are frequently asked question truck accident victims ask about herniated disc cases, along with sample MRI reports and operative notes in herniated disc cases.

What is a herniated disc?

Spinal discs are soft, rubbery pads are found between the hard bones that make up the spinal column. These discs work as shock absorbers between the hard bones (vertebrae), cushioning them when we contort our bodies in our daily activities. Spinal disks allow the back and neck to flex and bend. Spinal discs have an external shell with a liquid substance in the middle. The metaphor our lawyers often use with juries in truck accident cases is that the discs are analogous to jelly donuts. If a spinal disc is injured as the result of the trauma of a truck accident, the "jelly" liquid may seep out of the spinal disc. If the inner core of the disc extrudes back into the spinal canal it may impact a nerve root. The weak spot in a spinal disc is directly under the nerve root and a herniated disc can put great pressure on the nerve, which can cause pain to radiate throughout the person's body.

Where the pain radiates to in the body depends on where the disc herniation occurs. When a patient has a symptomatic herniated disc, the pain is not in the disc area; rather, the disc herniation is pinching a nerve in the spine that causes 'radicular' pain. This radicular pain is often described by truck accident victims as a pain that shoots through the body, usually to one area in particular, because each nerve in the spine is connected to a particular area of the body. This pain can be nerve root pain, leg pain if the herniation is in the lumbar (back), or arm pain from a cervical (neck) herniated disc.

A herniated disc is rarely diagnosed in the emergency room after a truck accident. This is because the disc is invisible on an x-ray. Accordingly, a patient typically needs a CT scan or magnetic resonance imaging (MRI) test so that a physician can pick up a disc herniation. A discography, myelography, or an electromyography are also used to diagnose herniated discs. Medical experts agree that these diagnostic tests cannot diagnose the injury victim's pain. There is only a loose correlation between the degree of the herniation and the patient pain symptoms because there are so many variables involved.

What is a herniated disc case worth by settlement or at trial?

Because our lawyers have successfully tried a number of herniated disc cases and have received national exposure for our jury verdicts in these cases, we receive at least once a week this inquiry: what is the settlement or trial value of my herniated disc injury that was caused by a truck accident? The answer, naturally, is that it depends on the injury. Some herniated disc injuries leave a patient in constant pain for the rest of their lives. These patients try traction, steroid injections, therapy and surgery and still find themselves in pain that will last a lifetime. Assuming (1) no question as to responsibility for the auto accident, (2) no preexisting injury or pre-accident degenerative disease, (3) reasonable insurance coverage for the negligent driver, and (4) the injury causes pain and suffering such that the victim's life is changed, the settlement value of these types of herniated disc cases are typically six figure and sometimes even seven figure cases.

The more complicated truck accident herniated disc case our lawyers deal with involve preexisting injuries. A favorite tactic of truck accident lawyers defending personal injury cases on behalf of the trucking companies involving herniated discs is pointing the finger at preexisting degenerative problems with an injury victim's spine such as spinal stenosis, spondylolisthesis, and osteoarthritis. Most of these are conditions that begin in many people in their early 30s. Therefore, it must be established that the patient's problems are not due to the degenerative condition, but to the trauma sustained in the accident.

All of this begs the question of what happens when a person has a preexisting herniated disc or some type of degenerative changes and are without significant symptoms before the truck accident. There are two Maryland jury instructions on point: the susceptibility instruction (Maryland Pattern Jury Instruction 10:3) and aggravation of preexisting condition instruction (Maryland Pattern Jury Instruction 10:4). If you have either one of these issues, you and your attorney must be able to clearly articulate the difference between your problems and treatment before the auto accident and your current condition. If there is no difference in your condition after the accident, your chances of a substantial recovery diminish dramatically. On the other hand, if there is a notable difference in your way of life after the accident that would not have occurred in the absence of the truck accident, your chance of a quality settlement or verdict increases dramatically.

Example Report of Magnetic Resonance Imaging (MRI) Thorasic Spine
Example Report of Magnetic Resonance Imaging (MRI) Cervical Spine, without contrast
Example Report of Magnetic Resonance Imaging (MRI) Cervical Spine & Lumbar Spine
Example Operative Notes on Lumbar Spine
Example Operative Notes on Cervical Spine