Can a car accident cause a herniated disc? Absolutely, yes. I've handled hundreds of car accident cases involving herniated discs, and I can tell you that this is one of the most common — and most misunderstood — injuries from auto collisions. Let me explain both the medical and legal side of it.
Medically, a herniated disc happens when the force of the collision compresses your spine and causes the soft gel-like material inside a spinal disc to push through the tough outer layer. This herniated material can press on nearby nerves, causing pain, numbness, tingling, and weakness that radiates into your arms (if it's a cervical herniation) or legs (if it's a lumbar herniation). Even a relatively low-speed collision can generate enough force to herniate a disc, especially if you weren't bracing for impact.
Here's where the legal fight comes in. Insurance companies love to argue that your herniated disc is 'degenerative' — meaning it's from aging and normal wear and tear, not from the accident. This is their go-to defense in almost every herniated disc case I've seen. And here's the frustrating part: they're partially right. Most people over 30 have some disc degeneration. That's normal. But what the insurance company conveniently ignores is that you weren't in pain before the accident.
In Illinois, we have what's called the 'eggshell plaintiff' doctrine. It means the defendant takes the victim as they find them. If you had a degenerative disc that was causing no problems before the accident, and the accident caused that disc to herniate, the defendant is fully responsible for all of your resulting injuries. You don't get a discount because your spine wasn't perfect before the crash.
The key to winning a herniated disc case is having a doctor who can clearly explain the connection between the accident and the herniation. An MRI will show the herniated disc, but it won't tell you when it happened. Your doctor needs to be able to testify that the mechanism of injury — the car accident — caused or aggravated the herniation. That medical opinion, supported by your treatment timeline, is what wins these cases.
If you've been diagnosed with a herniated disc after a car accident, call us at 312-500-4500. These cases are worth significant money when handled correctly, and the insurance company knows it.
This cord is protected by a series of discs which are called intervertebral discs. These discs are found between the vertebral bones of your spine and are filled with fluid to act as shock absorbers as you move. Also, they allow the movement of the spine without exerting any pressure on the nerves.
Perfectly formed discs do not normally impact nearby nerves. Healthy discs are important due to their proximity to the spinal cord. The spinal cord is a collection of nerves that run through the back of the human body. These nerves relay senses of pain and numbness to the brain from all over the body. If these nerves were to be disturbed by a serious spinal injury, tremendous pain and numbness would be felt.
A herniated disc is caused by any trauma that can be sustained which, in this case, a car accident. It’s basically a disc that has been moved out of its place. During the process, the disc may cut or impinge on the nerves.
When this happens, pressure is exerted on the nerves of the spinal cord thus causing pain, numbness, or even weakness. The disc may also rupture because of physical trauma. It’s worth noting that disc herniation can be linked to nerve damage.
Disc herniation can’t be detected by X-ray as the discs are made of soft tissues. X-rays are only suited for detecting fractures in the bones or other dense foreign materials that are lodged in the body such as bullets and shrapnel.
Most of the time, patients won’t notice disc herniation immediately after an accident if medics run X-rays in the emergency room. Either magnetic resonance imaging (MRI) or computerized tomography scan(CT scan) are often used to identify their presence. Therefore, it’s important to request a CT or MRI if you suspect to have suffered from disc herniation during an accident.
The symptoms of disc herniation vary based on where the injury took place. If it’s located on the neck region, the pain will be felt while moving the neck. The pain may also extend to your upper arm, lower arm, and fingers.
Deep pain can also be felt on both shoulder blades. A slipped disc on the lower back may cause numbness and weakness of the leg. The same leg can experience shooting pain along its entire length. Generally, there would be a tingling sensation on the arms and feet. This is caused by nerve impingement by the slipped disk.
A herniated disc from a car accident can be determined conclusively by MRI. If you experience sharp pain, numbness, and stinging sensations weeks or months after the car crash and an MRI confirms the presence of a herniated disc, it can safely be concluded that the disc slip was caused by the car accident.
In some cases, doctors analyze annular tears that are caused by trauma and not by old age. If an MRI confirms the presence of both the herniated ring and annular tears, it can be correctly assumed that the car crash caused the disc herniation in question.
There are various techniques for treating herniated discs. Some people will heal naturally from herniated discs caused by a car accident after six months. There are surgical and non-surgical methods too.
Surgery is considered to be the last resort treatment procedure. Doctors often advise patients to begin with physical therapy. The physical therapy may include gentle massages, heat and ice therapy, pelvic traction, ultrasound, and simple stretching exercises. Painkillers and muscle relaxants can also be useful during physical therapy.
For surgery to be considered in the treatment of herniated disc, several factors have to be considered. Some of these factors include poor response to physical therapy, the age of the patient, and the general health of the patient.
Risks have to be outweighed by the benefits before any surgery is considered. The most common spinal surgery for the treatment of a herniated disc is spinal fusion. In spinal fusion, sections of the spine are permanently fused to limit the motion of the spine in that area.
Implants like metal screws are used to join two vertebrae between which the herniated disc is located. This way, the spine is stabilized.
Another technique of treating a herniated disc is the implantation of an artificial intervertebral disc. The procedure, however, is very expensive. Unfortunately, some people never fully recover from herniated discs caused by a car accident.
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Absolutely — it's one of the most common serious injuries from car accidents. The sudden force of a collision — even at relatively low speeds — compresses and distorts the spine in ways that can rupture or herniate intervertebral discs. The cervical spine (neck) and lumbar spine (lower back) are the most commonly affected. Herniated discs can cause severe pain, numbness, tingling, and weakness that radiates into the arms or legs. These injuries are real, documented, and frequently require surgery.
Because herniated discs are expensive — treatment costs, surgery, and long-term disability claims can be substantial. Insurance companies argue that the herniation was pre-existing, that the accident wasn't severe enough to cause a disc injury, or that imaging findings are degenerative rather than traumatic. I counter these arguments with detailed medical evidence showing the temporal relationship between the accident and symptoms, the absence of pre-accident symptoms, and expert medical testimony connecting the mechanism of injury to the specific herniation.
A herniated disc (also called a ruptured or slipped disc) involves the inner gel-like material breaking through the disc's outer ring, which is more serious and more often symptomatic. A bulging disc involves the disc protruding without rupturing. Both can cause significant pain and neurological symptoms. Both are compensable in a personal injury case. Insurance companies try to minimize bulging disc claims as less serious, but the relevant question is the impact on your function and quality of life — not the label.
Not always — many herniated discs are treated conservatively with physical therapy, injections, and pain management. When conservative treatment fails, microdiscectomy or spinal fusion surgery may be necessary. Surgical cases have significantly higher settlement values because of the higher medical costs, longer recovery, greater pain and suffering, and increased risk of permanent limitations. Whether surgery is ultimately needed, your case should be valued based on the injury itself and its impact on your life. Call 312-500-4500.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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