A herniated disc can cause pain, numbness, weakness, and other symptoms that interfere with work and everyday activities. Although herniated discs often develop because of age-related changes, traumatic events such as car accidents and falls can also cause or contribute to disc injuries.
If you suffered a herniated disc because of another party’s negligence, you may have grounds for a personal injury claim. Understanding how these injuries occur, how they are treated, and how Georgia personal injury law applies can help you determine your next steps.
What Is a Herniated Disc?
The spine is made up of bones called vertebrae. Between the vertebrae are discs that cushion the bones and help the spine move.
Each disc has a soft center surrounded by a tougher outer layer. A herniated disc occurs when some of the soft material pushes through a tear in the disc’s outer layer. The herniated material can irritate or put pressure on nearby nerves.
Herniated discs are most common in the lower back but can also occur in the neck. Some people have herniated discs without experiencing symptoms.
What Causes a Herniated Disc?
Herniated discs commonly develop because of age-related wear that makes spinal discs less flexible and more susceptible to damage. However, trauma can also cause or contribute to a disc herniation.
Potential causes of traumatic herniated discs include:
- Car accidents
- Falls
- Workplace accidents
- Sports and recreational accidents
- Accidents involving sudden impacts or forceful twisting
- Lifting accidents
Determining what caused or aggravated a herniated disc can be important in a personal injury case. Medical records, diagnostic imaging, information about prior back or neck problems, and evidence from the accident may all become relevant.
What Are the Symptoms of a Herniated Disc?
The symptoms of a herniated disc depend on the location of the injury and whether the disc affects a nearby nerve.
Symptoms may include:
- Neck or lower back pain
- Pain that travels into an arm or leg
- Numbness or tingling
- Muscle weakness
- Difficulty performing certain movements or activities
Not every herniated disc causes symptoms. When symptoms do occur, their severity can vary significantly from person to person.
Certain symptoms may require urgent medical attention. For example, worsening weakness or problems controlling the bladder or bowels can indicate serious nerve compression and should be evaluated promptly.
How Are Herniated Discs Diagnosed?
A healthcare provider may begin by reviewing the patient’s symptoms and medical history and performing a physical examination. The examination can include tests of reflexes, muscle strength, movement, and sensation.
Depending on the circumstances, diagnostic testing may also be necessary. An MRI can help identify the location of a herniated disc and determine whether it is affecting nearby nerves. CT scans and nerve tests may also be used in some cases.
Diagnostic records can also become important evidence in a personal injury claim because they can help document the nature and extent of an injury.
How Are Herniated Discs Treated?
Treatment depends on the location and severity of the herniated disc and the symptoms it causes. Many people improve without surgery.
Treatment options may include:
- Modifying activities that increase pain
- Over-the-counter or prescription medication
- Physical therapy
- Steroid injections
- Surgery in more serious cases
Physical therapy may involve exercises and stretches intended to reduce pain, strengthen supporting muscles, and improve movement. A healthcare provider may recommend steroid injections near an affected nerve when other conservative treatments do not provide sufficient relief.
Most people with herniated discs do not need surgery. However, surgery may be considered when symptoms do not improve with conservative treatment or when a patient experiences significant weakness, difficulty walking or standing, or certain bladder or bowel problems.
Can I File a Personal Injury Claim for a Herniated Disc?
You may have a personal injury claim if another party’s negligence caused the accident that resulted in your herniated disc. The specific requirements depend on the circumstances surrounding the injury.
A negligence claim generally requires evidence establishing:
- The defendant owed you a duty of care
- The defendant breached that duty
- The breach caused your injury
- You suffered legally compensable damages
For example, a driver who causes a crash by failing to obey traffic laws may potentially be responsible for injuries resulting from the collision. A property owner may also face liability in some circumstances when an unsafe property condition causes a fall.
An accident does not automatically establish negligence. The available evidence must support each required element of the claim.
What if I Had a Pre-Existing Back or Neck Condition?
A prior back or neck condition does not necessarily prevent you from pursuing compensation after an accident. However, pre-existing conditions can make injury claims more complicated.
An insurance company may argue that a herniated disc or the resulting symptoms existed before the accident. Medical records from before and after the incident can therefore become particularly important.
If an accident aggravated a pre-existing condition, the responsible party may potentially be liable for the additional harm caused by that aggravation. The extent of that harm generally depends on the medical evidence and other facts of the case.
Contact the Atlanta Personal Injury Attorneys at Hammers Car Accident & Personal Injury Lawyers for Help Today
A herniated disc can affect your ability to work, remain active, and perform everyday tasks. If another party’s negligence caused or aggravated your injury, you may have options for pursuing compensation for your resulting losses.
Hammers Car Accident & Personal Injury Lawyers can investigate the accident, review the evidence surrounding your injury, and determine what legal options may be available. Contact the firm today to discuss your case with an Atlanta personal injury attorney.
