Someone who has a history of severe degenerative disk disease (DDD) that’s been involved in a motor vehicle accident could be at greater risk for more complicated symptoms. It’s important that you seek medical attention as soon as you’ve been involved in an accident. Assuming you are healthy enough to do so, it is also important to file an accident report and provide testimony to authorities and first responders while at the scene.
In the event of a car accident claim, you’ll want to have a doctor’s professional opinion as factual proof of the severity of your injuries. Your car accident lawyer lawyer will make sure your medical bills and time spent out of work will be fairly compensated once your dispute is resolved.
Severe injuries can be costly, and can affect your daily life and home life in serious and impactful ways. It’s important to understand the kinds of injuries involved in a degenerative disc disease accident and how your lawyer can provide justice for these ailments.
One such injury is degenerative disc disease, which can be indirectly caused by car accidents in some cases. Degenerative disc disease caused by trauma may be an important determining factor in a personal injury lawsuit.
Severe Degenerative Disc Disease
What is severe degenerative disc disease? A degenerative disc refers to a condition where one or several of the intervertebral discs in the spine begin to break down and dissolve. Intervertebral discs are soft, gel-like cushions located between each vertebrae to allow the spine to bend, twist, and flex. They are usually shock absorbers from rapid back movement or simply to prevent the day-to-day grinding of bones.
Degenerative disc disease is more commonly associated with the aging process, as when individuals grow older, their discs gradually lose their elasticity, hydration, and ability to absorb shock. Subsequently, the space between the vertebrae gets narrower and narrower, causing severe pain, stiffness, or other symptoms. The exact cause of degenerative disc disease is not definitive, but it is often associated with the natural aging process, genetics, and wear and tear on the spine.
However, in the case of severe trauma, like in a car accident, there is a possibility that a bad blow to the back may affect the spinal column and the discs, and exacerbate the effects of degenerative disc disease.
If someone had a pre-existing case of DDD, the accident may have aggravated the discs enough to break down and deteriorate more rapidly. It’s important to see a doctor or specialist if you’ve experienced debilitating back pain or spinal cord injuries after a car accident, or already had mild symptoms of DDD prior to the accident.
Symptoms of Degenerative Disc Disease
While not everyone with degenerative discs experiences pain or discomfort, those who do should seek treatment.
Symptoms of degenerative disc disease may include:
- Neck pain
- Stiffness in body
- Numbness or tingling in your arms or legs (and buttocks and lower back also)
- Pain while sitting down, bending or lifting heavy objects
- Muscle weakness or atrophy
Treatment options for degenerative disc disease can vary and may include physical therapy, like exercises that strengthen core muscles, pain management techniques, pain medications, acupuncture or chiropractic care that alleviates pain – and in more severe cases – surgeries, which could include a discectomy, spinal fusion, or even a full artificial disc replacement. Individuals experiencing back pain or related symptoms should consult a healthcare professional for proper evaluation and guidance.
Degenerative disc disease caused by a car accident may nullify certain treatments given beforehand and reset a patient’s progress, or worsen it to an elevated state. If your DDD was aggravated by an accident where you were not at fault, you are legally entitled to compensation.
Compensation in Degenerative Disc Disease Aggravated By A Car Accident
A car accident which left you or a loved one in a worsened state of degenerative disc disease could allow you to collect compensation for these injuries. As the plaintiff (the one initiating the lawsuit), it’s important to note you can only receive compensation for damages caused by the defendant’s negligence, meaning that if it is something found unrelated to the accident or the defendant themselves, there’s not much the court or your lawyer can do about it. Negligence, such as texting while driving accidents, will be the determining factor in a personal injury claim.
If you are not the liable party, having a doctor make a statement on the condition of your DDD before and after an accident could help strengthen your case, along with any testimonials made by a loved one, neighbor, co-worker, or caregiver. If their testimonies are consistent and based, the jury may reach a favorable verdict. It is essential that all the testimonies have little to no inconsistencies and verify that your DDD symptoms were worsened following the accident compared to before.
The damages extend beyond just the costs of the treatment, but to how much DDD can affect the plaintiff’s ability to work (if employed) or their ability to find work (if unemployed). Each of these obviously affect the plaintiff financially in very direct ways, and so can be calculated when negotiating a settlement. In the case of a trial, a jury’s stance on how badly the plaintiff was affected – factoring in things like emotional damage and psychological trauma – could multiply the amount from two to five times. If someone is killed in a car accident, the insurance carrier can reward the maximum payout benefit to the victim’s family.
Your attorney will take all of these factors into account when negotiating your settlement.
Contact a Car Accident Lawyer at the Law Offices of Samuel Fishman
Here at our law offices, our lawyers and legal staff can help get you the compensation you deserve. We’ll help answer any questions, and you are free to consult with us to get an estimate on how much your case is worth. Most lawyers operate on a contingency fee basis, meaning they’ll get paid if they win your case.
Our attorneys gather evidence, use precedents set by past DDD cases to calculate your compensation, negotiate with insurance carriers, and are prepared to litigate in trial if need be. Call us and schedule your initial consultation with one of our personal injury lawyers.