Degenerative disc disease is common, especially in adults over 40. But when a car accident makes the condition worse, insurers may try to reduce or deny your claim. How can you fight back?
This article explains what degenerative disc disease is and how car accidents can affect it. It also explains how an Alabama car accident injury attorney can help you get compensation for degenerative disc disease after a car accident.
What Is Degenerative Disc Disease?
The 26 bones along your spine are called vertebrae. There is a small cushion between each vertebra called a disc. These discs have soft jelly-like cores and tough outer rings. The discs prevent the vertebrae from rubbing together, act as “shock absorbers,” and allow flexible movement.
However, over time, discs can become dehydrated or tear. These changes can cause them to shrink or lose elasticity. This is degenerative disc disease (“DDD”). When DDD sets in, the smaller, more rigid discs cannot effectively cushion the spine. Without the discs’ cushioning, many unpleasant things can happen. For example, some cases of degenerative disc disease cause bony growths, or spurs, to develop. These spurs can pinch the nerves that come out of your spine.
The leading cause of DDD is age. While certain conditions and behaviors – such as smoking, obesity, or poor posture – can increase the risk of developing DDD, it is something that simply happens as we age. Research shows that over 30% of adults in their 20s already have signs of DDD. This number rises to 96% for people over 80.
Degenerative Disc Disease and Car Accidents
Technically, car accidents don’t directly cause DDD. Again, the main cause of DDD is time. But car accidents can play a huge role in DDD in three ways.
First, getting into an accident at a young age can increase a person’s risk of developing DDD later in life. An accident impact can damage the disc. Discs don’t heal well, so over the years, the injured disc will degenerate at a faster-than-normal rate.
Second, while neck or back pain is a common symptom of DDD, it is also possible to have DDD that shows no signs. But car accidents can cause small tears or other damage in discs that can lead to swelling and irritation of nearby nerves. At this point, the previously pain-free person will begin to feel shooting pain, tingling (“pins and needles”), weakness, spasms, numbness, and other symptoms.
Finally, car accidents can increase pain for people who are already experiencing DDD symptoms. For example, there is a thin bony “plate” that sits above and below each disc. If a crash bruises or cracks that plate, the disc can start wearing out faster and hurt even more. Similarly, a tear in the disc’s outer wall after a crash can jump-start faster breakdown in an already-aging disc.
Can I Still File a Claim if I Had Degenerative Disc Disease Before My Accident?
To win your personal injury claim, you’ll have to show that your DDD is directly related to the car accident. The good news is that Alabama uses something called the “eggshell skull rule.” This rule means that the person who causes an accident can’t escape responsibility just because the person they hurt has a condition that makes them more susceptible to injury. So, the fact that you already had DDD won’t prevent you from filing a claim.
Nevertheless, the other driver’s insurance company will likely try to argue that your DDD was caused by aging, not the accident. You can overcome this by showing that the accident caused a measurable change in your condition. To do this, you can use:
- Pre-accident medical history and records. These will show the condition of your back before the crash.
- Post-accident medical history and records. MRIs, CT scans, and X-rays that show new or worsened changes in the disc will be helpful, as will reports of new or worsened back pain after the accident.
- Symptom documentation. Keeping a post-accident journal that tracks your pain levels, when new pain appeared, and new symptoms such as numbness will help you and your Birmingham injury attorney connect your injury to the accident.
Can I Get Compensation for Degenerative Disc Disease After a Car Accident?
If you and your Birmingham injury attorney can show that your car accident made your DDD worse, you may be entitled to compensation. This money will help with the costs created by your injury. Some covered expenses include:
- Past and future medical expenses
- Lost wages
- Pain and suffering
The amount you recover depends on how clearly you can link the accident to the worsening of DDD, how severe the aggravation is, how much it impacts your life, and whether you played a role in causing the accident. Your Alabama accident injury attorney can tell you more about the typical damages in cases like yours.
If Your Accident Caused Degenerative Disc Disease Pain, You Have Rights
Whether you had painful degenerative disc disease before your accident or it’s new to you, you have rights. Insurers may say that your pain isn’t from the crash, but a solid case can prove otherwise. A Birmingham car accident attorney can support your DDD claim by:
- Hiring medical experts to connect your condition to the accident
- Fighting back against insurance company tactics and arguments
- Countering any claim that you were at fault
- Preparing your case for settlement or trial
If you need legal help for degenerative disc disease or any other injury after a car accident, contact Collins Law. We’re dedicated to helping each client get the compensation they deserve. Call us today at 205-588-1411 or use our website’s online scheduling tool to schedule a free consultation.
