A spectrum of injury with one thing in common
Spinal injuries range from disc herniations that respond to conservative treatment through fusion candidates to complete spinal cord injuries with permanent paralysis. What connects them is that the spine does not heal the way other structures do, and the consequences are measured in years.
Injuries include herniated and bulging discs, vertebral fractures, spinal stenosis and nerve root compression, facet joint injuries, and incomplete or complete cord injuries resulting in paraplegia or quadriplegia. Where the cord is involved, the level of injury determines function, and injuries higher on the spine affect more of the body.
The degenerative change defense
Expect this argument in nearly every spinal claim: imaging shows degenerative change, degenerative change is common in adults, therefore the injury predates the accident and the claim is worth little.
The response is that pre-existing degeneration and accident-caused injury are not alternatives. Asymptomatic degenerative change is extremely common and produces no impairment at all until trauma makes it symptomatic.
Florida law addresses this directly. A defendant takes the injured person as they find them, and where an accident aggravates a pre-existing condition, the defendant is responsible for the aggravation. Where the evidence does not permit the aggravation to be separated from the pre-existing condition, a jury may be instructed to attribute the entire condition to the accident.
Meeting the argument in practice takes treating physician testimony on causation, comparison of prior and current imaging where prior imaging exists, and a documented account of what the person could do before and cannot do now.
Lifetime cost is the core of the claim
The emergency care and the first year of treatment are usually a small fraction of what a serious spinal injury costs. The rest is ongoing: surgical revision, pain management, physical therapy, medication, adaptive equipment, home and vehicle modification, attendant care, and the earnings lost across a working life that has been shortened or redirected.
Establishing that requires life care planning, vocational assessment and economic analysis, not a stack of bills. A claim settled on bills alone leaves the person paying for the injury for the rest of their life.
Causes
- Vehicle, truck and motorcycle collisions
- Falls from height and falls on the same level
- Pedestrian and bicycle impacts
- Workplace and construction incidents
- Being struck by falling objects
- Sports and recreational injuries
- Diving and water incidents
Get evaluated even if you can walk
Numbness, tingling, radiating pain into an arm or leg, weakness, or loss of coordination are nerve involvement symptoms and need evaluation promptly. Pain that seems to improve and then returns is a common pattern with disc injury. Delay in seeking care both risks the injury and hands the insurer its argument that nothing serious happened.
Common Questions
The insurance company says my back problems are degenerative. Is my claim over?
No. Asymptomatic degenerative change is common and does not cause impairment until something makes it symptomatic. Aggravation of a pre-existing condition is a recognized claim. Medical testimony on causation, prior imaging where available, and evidence of your function before and after are how this is answered.
Should I settle before I know whether I need surgery?
Generally no. Settlement is final, and spinal injuries frequently progress from conservative treatment to injections to surgical recommendation over months. A settlement reached before that path is clear will not cover the surgery, the recovery or the time away from work that follows.
How much does a spinal cord injury cost over a lifetime?
It varies enormously with the level and completeness of the injury and the person's age. Costs include surgery and revision, attendant care, equipment and its replacement, home and vehicle modification, and lost earning capacity. A life care planner produces a supportable figure rather than an estimate.
What symptoms mean I should see a doctor right away?
Numbness or tingling in the arms or legs, weakness or loss of grip strength, pain radiating from the spine into a limb, loss of coordination, and any change in bladder or bowel control. That last one is an emergency. Do not wait to see whether it resolves.