Lawyers defending insurance companies in accident cases involving serious back injuries love to point the finger at preexisting degenerative conditions such as spinal stenosis, osteoarthritis, and spondylolisthesis as the cause of an accident victim’s injuries. Most such preexisting conditions start occurring in young adults in their early thirties. Thus, from the perspective of an injury victim, it must be established that one’s injuries are accident-related rather than attributable to any preexisting degenerative condition.
Preexisting degenerative disk disease does not disqualify you from recovering substantial damages in your personal injury case. Call us today for a free consultation about your serious back injury involving a preexisting condition at 541-617-0555.
Tim Williams Discusses Disc Herniation and Preexisting Degenerative Back Conditions:
As our lead litigator and partner Tim Williams explains in this video, there is a disk between each pair of adjacent vertebrae. Sometimes these disks can become damaged because they are of softer, more pliable material than bone. Intervertebral disks are fibrous and hard on the outside, but jelly-like on the inside. Every so often, something will happen to the back that will injure these disks. For instance, a trauma can rip the outer layer, allowing the inner jelly-like layer to leak through.
When the disc’s jelly-like core pokes through to the outer layer, it puts pressure on the “root nerve”, which exits from the spinal cord, or on the spinal cord itself. Whether the herniated disc puts pressure on your spinal cord or on the nerve root, you will experience some pretty significant pain and interference in daily activities.
Treatment Options for Disc Herniation
There are three common treatment options for herniated discs. First, you can leave it alone and see if the disk “reabsorbs” and fixes itself naturally. If that doesn’t work, then you can go through physical therapy, take medications, and get injections. Last, if those moderate treatment options don’t work, there is a surgical option.
The Value of a Herniated Disc or Preexisting Degenerative Back Injury Case
The value of a herniated disk claim depends on numerous factors including the type of surgery performed, the number of disks involved, the prior condition of the disks, the ultimate outcome of treatment or surgery, and any permanent restrictions. Insurance companies often hire doctors (“independent medical examiners”) to testify that the injury victim would have had the surgery at some point in their life anyway due to the presence of preexisting degenerative conditions. Only an attorney specializing in the field of personal accident or injury has the background to properly evaluate this type of accident or injury and defend against such arguments. Call the experienced attorneys at Dwyer Williams Potter LLP today for a free consultation at 541-617-0555.
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