Degenerative disc disease is a common condition that can impact a person’s quality of life, especially following a traumatic injury like a car accident. As personal injury attorneys in White Plains, NY, we often see cases where pre-existing degenerative disc disease complicates claims for accident-related injuries. Here’s what you should know about generative disc disease and personal injury cases.
What is Degenerative Disc Disease?
To understand degenerative disc disease, we must first look at the anatomy of the spine. The human spine is composed of 33 individual bones called vertebrae, stacked on top of each other. Between each vertebra is an intervertebral disc that acts as a shock absorber.
These discs have two layers – an outer layer called the annulus, which is tough and fibrous, and an inner layer called the nucleus, which has a gel-like consistency. The discs allow for flexibility and movement of the spine while providing stability.
As we age, these discs can start to wear down naturally. However, traumatic injuries can accelerate this process. When the discs degenerate, they may become less flexible and provide less cushioning between the vertebrae. This can lead to pain, stiffness, and reduced mobility.
Degenerative disc disease isn’t a disease, but rather a condition that develops over time. It can occur anywhere in the spine but is most common in the neck (cervical spine) and lower back (lumbar spine).
How Is the Condition Diagnosed?
Diagnosing degenerative disc disease typically involves a combination of physical examination and imaging studies. A doctor will usually start by taking a detailed medical history and performing a physical exam to assess range of motion, strength, and areas of pain or tenderness.
Imaging tests are often needed to confirm the diagnosis. These may include:
- X-rays: Can show narrowing of disc space and bone spurs
- MRI (Magnetic Resonance Imaging): Provides detailed images of the discs and can reveal tears, herniations, or other abnormalities
- CT scan: May be used to get more detailed images of the bony structures of the spine
In some cases, additional tests like discography or nerve conduction studies may be performed to pinpoint the source of pain more precisely.
How Is Degenerative Disc Disease Treated?
Treatment for degenerative disc disease aims to manage pain and improve function. The approach often starts with conservative measures and may progress to more invasive options if needed. Common treatments include:
- Physical therapy: To strengthen the muscles supporting the spine and improve flexibility
- Pain medication: Over-the-counter or prescription drugs to manage pain and inflammation
- Lifestyle modifications: Such as weight loss, ergonomic adjustments, and avoiding activities that exacerbate pain
- Epidural steroid injections: To reduce inflammation around the affected nerves
- Chiropractic care or acupuncture: Some patients find relief through these alternative therapies
- Surgery: In severe cases that don’t respond to conservative treatment, surgical options like spinal fusion or artificial disc replacement may be considered
How Does Degenerative Disc Disease Impact a Personal Injury Case?
When degenerative disc disease is present in a personal injury case, it can complicate the claims process. Insurance companies may argue that the pain and limitations are due to pre-existing degeneration rather than the accident itself. This is where having experienced legal representation becomes crucial.
A personal injury attorney in White Plains, NY can work with medical experts to demonstrate how the accident exacerbated the condition or caused it to become symptomatic. They can also help quantify the additional medical expenses, lost wages, and pain and suffering resulting from the accident-related aggravation of the condition.
It’s important to note that having pre-existing degenerative disc disease doesn’t preclude you from seeking compensation for accident-related injuries. The law recognizes that defendants must “take the plaintiff as they find them,” meaning they are responsible for any aggravation of pre-existing conditions.
Settlements and Verdicts in Degenerative Disc Disease Cases
The value of a personal injury case involving degenerative disc disease can vary widely depending on factors such as:
- The severity of the accident
- The extent of aggravation to the pre-existing condition
- The impact on the plaintiff’s ability to work and enjoy daily activities
- The quality of medical evidence linking the accident to the current symptoms
- The skill of legal representation
While every case is unique, settlements and verdicts in these cases can range from tens of thousands to millions of dollars, depending on the circumstances.
Medical Evidence in Degenerative Disc Disease Cases
In personal injury cases involving degenerative disc disease, medical evidence is used to establish the link between the accident and the aggravation or onset of symptoms. This evidence is often the foundation of a successful claim.
Medical records from before the accident are critical to your case. These records can demonstrate the absence of symptoms or a stable condition before the incident. If pre-existing symptoms exist, these records can show their severity and frequency before the accident, comparing them with post-accident conditions.
After the accident, thorough and consistent medical documentation becomes even more critical. This includes:
- Emergency room records
- Follow-up visits with primary care physicians
- Specialist consultations (e.g., orthopedists, neurologists)
- Physical therapy notes
- Diagnostic imaging reports (X-rays, MRIs, CT scans)
- Pain management records
It’s important that these records clearly describe the patient’s symptoms, limitations, and how they differ from any pre-accident condition. Physicians should be explicit in noting their professional opinion on whether the accident caused or exacerbated the degenerative disc disease
Contact Kent Hazzard and Freeman for a Free Consultation with a Personal Injury Lawyer in White Plains
Don’t let insurance companies undervalue your claim due to pre-existing degenerative disc disease. Contact Kent Hazzard and Freeman, trusted personal injury lawyers in White Plains, NY, for a free consultation. We’re here to protect your rights and fight for the compensation you deserve.