If you've suffered a severe back injury due to the carelessness and negligence of somebody else, no insurance claim, lawsuit or jury verdict is going to take away your pain. The law can't give you a new spine, so the only way to compensate you is with money. How much money you might receive is based on the nature and extent of your back injury.
Spinal cord injuries
The human spinal cord extends down about 19 inches from the base of the brain. It transmits signals to and from the brain. A total of 31 sets of spinal nerves branch out from the spinal cord. Trauma can bruise, partially tear or completely tear it. People can recover from a bruised spinal cord over time, but medical science is still unable to repair a partially or completely torn spinal cord. Partial tears render victims paraplegics. Complete tears render them quadriplegics. Given that these injuries are permanent and catastrophic, settlements and awards go into the millions.
Disc injuries
We have 23 discs between the vertebrae in our spine. The cervical spine at the neck has six. The thoracic spine at the middle of the back has 12, and the lumbar spine at the lower back has five. Each disc is cartilaginous, and inside of each one is a jelly-like substance. A disc might become displaced and bulge, or it might herniate. When it herniates, that jelly-like substance leaks out and puts pressure on the root of the spinal nerve next to it. That can result in pain and partial loss of use of limbs. A bulging or herniated disc can be repaired surgically, but a herniated disc often requires surgery that results in long-term pain and partial disability. Back injury and spinal fusion cases can range from over $1 million to as little as $1,500 for a back strain or sprain.
The pre-existing injury defense
As we get older, our spines begin to degenerate, and arthritis might develop. It's perfectly natural, and most of us aren't aware of this aging process because we never experienced back pain or discomfort. All it takes is one traumatic event though, and a person will suddenly experience painful symptoms of spinal degeneration and arthritis. These are difficult cases. Insurance defense attorneys will point to the claimant's radiological results that show pre-existing spinal degeneration and arthritis. The claimant and his or her lawyer will respond with the argument that the conditions were asymptomatic until the trauma of an impact. These types of cases can turn on the credibility of the trial lawyer, doctor and claimant.
