I really hope that you aren’t reading this because you have a herniated disc that was caused by an accident or car wreck. These neck and back injuries can be extremely painful and annoying – I wouldn’t even wish them on my enemies. But if you are terribly unlucky enough to be suffering from one of these neck or back problems then you have come to the right place to get more information on what to do.
As a personal injury lawyer here in Memphis, some of the most common injuries that I see from people who have been hurt in car wrecks are herniated discs. This type of injury is an especially sensitive subject to me personally because my own wife was hit from behind on I-240 in Memphis which caused a herniation in one of her cervical discs. I understand exactly how debilitating, painful, and just all around frustrating a herniated disc can be, and how it changes your life and daily routine.
You’ll find below, information that gives an overview and attempts to answer common questions about herniated discs caused by car wrecks and other accidents. And, while I am not a doctor or surgeon, my years as a Memphis personal injury lawyer helping clients who suffer from these injuries allows me to give honest and open opinions about the issues you’ll face after being diagnosed with a herniated disc, as well as solutions for the neck and back pain they cause.
What exactly is a herniated disc and why did the car wreck cause it?
The first thing you really need to know is what is a spinal disc (yes it’s actually spelled disc, not disk). A spinal disc is basically a cushion that is between
Discs act as cushions or shock absorbers between the vertebrae.
each vertebrae of the spinal cord. These discs, or cushions, help absorb the shock that our spinal cord and vertebrae take in the everyday routine of our life. Without these discs acting as shock absorbers our vertebrae would constantly be rubbing, which would cause a huge amount of pain and wear on our spinal column.
Discs are made of two different parts; a tough outer shell made of collagen fibers, and a soft inner core made of loose fibers inside a gel. If you were here in my Memphis law office I’d tell you that the disc is basically like a jelly donut. The outside is firm, yet movable, and the inside is gooey and will leak out when pressed hard.
When you were hit in your car wreck what happened is that the outer shell cracked and the inner “goo” leaked through this crack. This is a herniation of the disc.
Unfortunately the weakest point of the disc’s outer shell is the part nearest the spinal column and nerve root. And when a herniation or “leak” occurs in this area the disc’s inner gel presses on your spinal column and nerve root. The result of this is that you feel pain that can radiate throughout your body.
The type of pain that you may be experiencing with a herniated disc (also commonly called a ruptured disc, protruding disc, slipped disc, or bulging disc) can be anything from arm pain, neck pain, lower back pain, shoulder pain, and numbness in your arms and legs. When the pain includes numbness and/or shooting pains to your arms or legs this is what doctors refer to as radiculpathy.
Herniated discs are rarely diagnosed immediately after a car wreck.
It’s rare to find out that you have a herniated disc when you visit the emergency room or doctor’s office immediately after your car wreck or accident unless your medical provider takes a CT scan or MRI of your cervical (neck) spinal column or lumber (lower back) spinal column. But usually physicians will only order x-rays to get a general view of your spinal column to see if there are any fractures. X-rays are useful in diagnosing other problems that you may have, but a herniated disc will not show up on these tests. Because spinal discs are primarily made of the soft tissue collagen herniated disc will not show up on x-rays which only show bones.
MRI of a herniated lumbar disc
Many times you won’t realize that you have a herniated disc for several weeks, or even months later when all other injuries have healed but your neck or back pain continues to worsen instead of get better. It’s not unusual for a physician to first diagnose you as having cervical strain (aka whiplash) or lumbar strain initially. You’ll often be prescribed muscle relaxers or anti-inflamatories such as skelaxin or mobic. When your condition continues to worsen or not heal your doctor may finally order an MRI where the results show that you have a herniated disc.
An MRI or CT scan may be able to diagnose a herniated disc, but it can’t diagnose the pain level you may be feeling. Some people’s herniations may appear to be very large on the test film but only give a mild or moderate pain discomfort to the individual. While others may have tests that only show shall herniations, yet these herniations may be causing severe and debilitating pain to the person with the injury.
How much is a Memphis herniated disc injury worth?
Let’s start with all the legal disclosures and mumbo jumbo first. I’m a Memhis personal injury lawyer who handles herniated disc cases, but there is absolutely no way I could ever tell you exactly how much your injury is going to be worth. There are soooo many variables that come into play when assessing the potential value of a herniated disc injury claim. Among these variables are whether or not you have prior spinal and disc issues, the circumstances surrounding your accident, how much insurance is available, and how severe your disc problems are and whether you need or have gone through surgery.
With that being said, I can say that herniated disc injuries can be among some of the highest value settlements that are given in car accident and injury cases here in Memphis. I can also say that when you walk into a Memphis personal injury lawyer’s office or call them up and tell them that you were in a car wreck and have a herniated disc they’re going to be tripping over themself to sign you up as a client as fast as possible. (So be very careful about this and make sure you aren’t pressured into hiring a Memphis personal injury law firm that you really aren’t 100% sure about and who pressure you to sign a contract with them.)
I know that you’re thinking “Jami, just tell me how much my herniated disc injury is worth”. Again, I can never tell you for sure what kind of settlement or verdict you’ll receive because of all the variables that come into play. But, if there is adequate insurance, and you don’t have major problems with your case then your injury is potentially going to be worth upwards of $100,000. I’ve seen herniated disc cases without major problems settle anywhere from the $100,000 range to over a millon dollars in extraordinary situations. But again, if there are pre-existing injuries, prior injuries, degenerative discs, or other problems related to your case then it’s extremely improbable that you will be able to recover settlements or verdicts in this upper range. But if the accident and herniated disc have severely affected your quality of life and caused a substantial negative change to your daily activities and life then your chances of receiving a larger settlement are dramatically increased.
