Spinal disc injuries are a common concern in personal injury cases, especially when determining whether an injury is a new condition or a pre-existing one. The distinction is crucial as it can significantly impact the outcome of insurance claims and legal proceedings. One key factor in this determination is the condition of the surrounding spinal support structures, particularly the ligaments.
The spine is a complex structure of 24 movable bones held in place by 220 specialized spinal ligaments, 23 of which are discs and the rest are considered to be spinal support ligaments. These include the anterior and posterior longitudinal ligaments, the capsular ligaments, the interspinous ligaments, the ligamentum flavum, the supraspinatus ligaments, and the intertransverse ligaments.
The intervertebral discs act as cushions between the vertebrae, absorbing shock and allowing flexibility. The annulus is the disc's outer layer and the strongest area of the disc. It helps keep the disc's center intact. The annulus is a strong ligament that connects each vertebra together. The mushy nucleus of the disc serves as the main shock absorber.
A spinal disc injury, such as a herniation, occurs when the disc's outer layer is damaged, allowing the nucleus pulposus to bulge out. This can compress nearby nerves, causing pain, numbness, or weakness. However, not all disc injuries are symptomatic, and many people have asymptomatic disc herniations that they are unaware of until an unrelated event, such as a car accident, triggers symptoms.
In the context of personal injury claims, whether a spinal disc injury is considered a pre-existing condition can be a point of contention. A pre-existing condition is typically defined as a health issue that existed before the accident or injury in question. Insurance companies and defense attorneys often argue that if the injured person had a disc herniation before the accident, it should not be considered a new injury.
However, the condition of the spinal support ligaments is a critical factor in determining whether a disc injury is truly a pre-existing condition. For a traumatic event, such as a car accident, to cause a new disc injury, the energy from the impact must pass through the surrounding ligaments and other tissues before reaching the disc itself.
If the spinal support ligaments remain intact and undamaged after the accident, it suggests that the forces involved in the incident may not have been sufficient to cause a new disc injury. In such cases, the disc herniation might be more accurately classified as a pre-existing condition, even if it was previously asymptomatic. The reasoning is that for the disc to be injured in a new accident, the energy would likely have to damage the ligaments first. If the ligaments show no signs of trauma, the disc injury might not be new but rather an aggravation of an existing condition.
In spinal injury cases, medical imaging, such as Stress X-rays with CRMA Reports™ and MRI can be used to assess both the discs and the ligaments. If the imaging shows damage to the spinal ligaments, it strengthens the argument that the disc injury is a result of the accident. Conversely, if the ligaments are undamaged, it may support the defense's claim that the disc injury was pre-existing.
Medical expert testimony can also play a vital role in these cases. Experts can explain the biomechanics of spinal injuries, including how forces are transmitted through the spine during an accident. They can clarify that without damage to the ligaments, it is less likely that a new disc injury occurred solely due to the accident.
Determining whether a spinal disc injury is a new injury or a pre-existing condition is complex and depends on various factors, including the condition of the surrounding spinal ligaments. If the ligaments are intact, it may indicate that the energy from the accident was insufficient to cause a new disc injury, supporting the argument that the herniation was pre-existing. On the other hand, damage to the ligaments would likely point to a new injury caused by the accident.
Determining whether a spinal disc injury is a new injury or a pre-existing condition is complex and depends on various factors, including the condition of the surrounding spinal ligaments. If the ligaments are intact, it may indicate that the energy from the accident was insufficient to cause a new disc injury, supporting the argument that the herniation was pre-existing. On the other hand, damage to the ligaments would likely point to a new injury caused by the accident.