Being involved in a car accident can be a stressful, traumatic, and life-changing event. If you already have some form of disc degeneration, the violent impact of an automobile collision can significantly worsen your condition. While a car accident may not cause degenerative disc disease (DDD), it can exacerbate the condition, leading to increased pain, suffering, lost wages, and costly medical bills.
If you suffer from DDD and have been involved in an accident, the law allows you to recover damages for the aggravation of your condition. Here, we’ll explore degenerative disc disease, how car accidents can worsen it, and what legal options are available to you.
What Is Degenerative Disc Disease?
Degenerative disc disease (DDD) is a condition where the discs in your spine naturally wear out over time. These discs act as shock absorbers between vertebrae and provide the flexibility to twist and bend. As you age, these discs can become flatter, lose their sponginess, and even develop small cracks, especially near nerves. This degeneration is a common and natural part of aging, with most people over 40 experiencing some degree of DDD.
Symptoms of Degenerative Disc Disease
- The neck or back pain ranges from constant to sharp and sudden.
- Lower back, buttocks, or upper thigh pain that worsens when sitting but improves when walking.
- Difficulty bending, lifting, or twisting without neck or back pain.
- Pain that only subsides when lying down or moving.
- Recurring pain episodes without warning.
For some, DDD is manageable with minimal pain. It can become debilitating for others, affecting their ability to work and perform daily activities. Diagnosing DDD typically involves consulting a physician who may recommend imaging tests like X-rays or MRIs to determine the condition’s severity.
How Car Accidents Can Contribute to Degenerative Disc Disease
Although a car accident cannot cause DDD, it can aggravate the condition. The sudden and violent movement during a collision often impacts areas like the neck and back, which are already vulnerable in individuals with DDD. Here’s how:
- Whiplash effect: The rapid back-and-forth motion of a whiplash injury can strain or damage spinal discs.
- Increased Pressure on Spinal Discs: Sudden stops or impacts can cause heightened pressure, leading to pain and further degeneration.
- Activation of Dormant Symptoms: An accident can trigger previously asymptomatic DDD, turning it into a painful condition.
Aggravated Conditions Post-Accident
When DDD is worsened by a car accident, it can lead to secondary conditions such as:
- Scoliosis (spinal curvature)
- Osteoarthritis
- Spinal stenosis
- Herniated discs
- Sciatica
- Bone spurs
- Pinched nerves
Regardless of prior medical history, an aggravated DDD condition may warrant legal representation to seek compensation.
What Are the Legal Options for Degenerative Disc Disease Aggravated by a Car Accident?
The Eggshell Skull Rule
Under personal injury law, the “eggshell skull rule” holds that defendants take their victims as they find them. This means that even if you were more susceptible to injury due to a pre-existing condition like DDD, the at-fault party is still responsible for any aggravated injuries caused by the accident.
Compensation You May Be Entitled To
With proper legal representation, you may be able to recover:
- Medical Expenses: Past, current, and future costs related to treatment. These expenses include doctor visits, diagnostic tests, medications, physical therapy, and surgical procedures. For ongoing conditions, you can claim anticipated future medical costs with the help of expert medical testimony.
- Lost Wages: Compensation for income lost due to your inability to work while recovering from the accident. If your injuries have permanently diminished your earning capacity, you can also claim damages for the future income you will likely lose due to your worsened condition.
- Pain and Suffering: Non-economic damages are available to compensate for the physical and emotional distress caused by the accident. This includes chronic pain, reduced quality of life, and psychological impacts such as anxiety or depression that may arise from the aggravation of your DDD.
Proving Aggravation
To successfully recover damages, it’s essential to demonstrate:
- The car accident aggravated your DDD: Evidence must show that your pre-existing condition was made worse by the accident. This can include medical records comparing your condition before and after the incident and expert medical opinions linking the aggravation to the collision.
- The injuries and damages claimed are directly tied to the accident: You need to establish a clear causal connection between the car accident and the worsening of your DDD. This can involve accident reports, witness testimony, and expert evaluations to substantiate your claims. Proper documentation is critical to overcoming any arguments that your injuries are solely the result of your pre-existing condition.
Treatment Options for Degenerative Disc Disease
If your DDD has worsened due to an accident, treatment options include:
- Physical Therapy: Exercises to strengthen muscles and reduce pain.
- Medications: Pain relievers, anti-inflammatory drugs, or muscle relaxants.
- Injections: Corticosteroid injections to reduce inflammation.
- Surgery: In severe cases, procedures like spinal fusion may be necessary.
Get Legal Support Now
If a car accident has worsened your degenerative disc disease, the at-fault driver’s insurance company may argue that your injuries are solely due to your pre-existing condition. Experienced legal counsel is critical to countering these claims and securing fair compensation.
We specialize in personal injury cases, including those involving DDD aggravated by car accidents. Our car accident lawyers team is dedicated to guiding you through the legal process and fighting for the compensation you deserve.
Contact us today to discuss your case and explore your legal options.
Frequently Asked Questions (FAQs)
1. Can I file a lawsuit if I already had degenerative disc disease before the accident?
Yes, you can file a lawsuit. The eggshell skull rule ensures that the at-fault party is responsible for aggravating your pre-existing condition. This means that even though you had DDD before the accident, you are entitled to recover damages if the collision worsened your condition. An experienced attorney can help you gather the necessary evidence to prove the aggravation of your injury.
2. What evidence is needed to prove my case?
To strengthen your case, you’ll need key evidence such as:
- Detailed medical records that document your condition before and after the accident.
- Accident reports describing how the collision occurred.
- Witness statements corroborating your account of the incident.
- Expert testimony linking your worsened DDD to the accident. This evidence helps establish that the accident directly aggravated your pre-existing condition, making it crucial to gather and present these materials effectively.
3. How long do I have to file a claim?
The timeframe to file a personal injury claim depends on the statute of limitations in your state, which typically ranges from 1 to 3 years. However, exceptions may apply depending on the specifics of your case. It’s vital to act quickly by consulting an attorney to ensure you meet all legal deadlines and preserve your right to seek compensation.
4. Can I recover compensation for future medical expenses?
Yes, future medical expenses are recoverable if you can demonstrate that they are directly related to the aggravated DDD caused by the accident. This may include ongoing physical therapy, medications, potential surgeries, or any other long-term treatment plans recommended by your healthcare provider. Proper documentation and expert testimony are essential to validate these claims.
5. What should I do immediately after an accident?
Here are the steps you should take:
- Seek Medical Attention: Even if you feel fine, get evaluated by a healthcare professional to identify hidden injuries.
- Document Everything: Take photos of the accident scene, your vehicle, and any visible injuries.
- File a Police Report: Ensure an official record of the incident is created.
- Preserve Medical Records: Keep detailed documentation of your diagnosis, treatments, and medical bills.
Contact an Attorney: Contact a personal injury lawyer experienced in DDD-related cases to guide you through the legal process and protect your rights.