Herniated Discs

Chronic back pain, neck pain, and loss of mobility can leave you unable to work and can have far-reaching impact on your quality of life and even your sense of identity. Herniated discs are a common cause of both mobility issues and severe back and neck pain.

If you have been diagnosed with a herniated disc due to an accident or injury, you deserve to know whether you may be able to secure compensation. Find out by contacting The Law Office of Mark A. Siesel for a free consultation. Before you decide what to do next and especially before you sign any documents related to the injury or make any statements to insurers, reach out to your team to find out more about your legal options.

What Are Herniated Discs?

A disc in the spinal column acts as a shock absorber between the vertebrae, or bones, in the column. Think of these discs as small cushions that are like jelly donuts, with an outside (called the annulus) and inside jelly (called the nucleus).

There are 7 discs in the cervical spine, or neck, 12 discs in the thoracic spine, or mid back, and 5 discs in the lumbar spine, or lower back. A herniated disc (also commonly known as “slipped” or “ruptured” disc) occurs when the jelly-like substance within the body of the disc leaks out beyond the outer surface of the disc. This can cause pain and numbness if the protrusion of the disc “impinges” or presses on the local nerve.

For example, if you are in a car accident, trip and fall, or construction accident, and suffer a herniated disc at L5-S1, which is the disc at the bottom of the spine, if this herniation or protrusion presses on the S1 nerve, it is likely to cause “sciatica” like symptoms, including pain or numbness traveling down the leg and often causing numbness or tingling of the foot. If the herniation is centrally located or bilateral, meaning that the symptoms are present on both sides of the body. If the herniation is left sided, the person will typically experience pain and numbness down the left leg into the left foot. Similarly, a herniated disc impinging on the nerve in the lowest level of the cervical spine, C7-C8, will often result in pain and numbness going into certain fingers of the hand on the side of the herniation.

Herniated discs can sometimes be asymptomatic if the disc is not impinging on a nerve. Herniated discs can be caused in a variety of ways. In addition to resulting from the trauma of an accident, a herniation can also be caused by something as simple as a sneeze or cough, or can be degenerative if the person is more elderly, works in heavy construction, or plays contact sports such as football or rugby. The least common type of herniation is in the thoracic spine and there is a belief among many orthopedists and neurologists that typically accidents do not cause herniated discs in the thoracic spine.

What Should You Do if You Suspect a Herniated Disc?

If you have fallen, been harmed in an assault, been in an accident, or otherwise are in a situation where you may have sustained a back injury, seek medical help right away. You will want to rule out serious issues such as a herniated disc or spinal cord injury and start getting treatment immediately, should you need it.

Health care professionals will diagnose a herniated disc by taking your medical history and conducting a physical and potentially a neurological exam to check your senses, reflexes, and mobility. In some cases, physicians may recommend imaging tests such as CT scans, MRIs, and X-rays. These can help pinpoint the location of herniated discs and can determine other potential causes of back pain, such as fractures, tumors, and other conditions.

In some cases, medical professionals may recommend a myelogram. In this imaging test, dye is injected into the spinal fluid and then a CT scan is completed to show where pressure on the nerves is occurring. Tests may also be conducted to evaluate whether electrical impulses in the nerves and muscles are working.

Once a diagnosis has been made, treatments for herniated discs range from the more conservative physical therapy; chiropractic care, pain medications such as Motrin, Tylenol or Aleve; acupuncture; non-steroidal anti-inflammatory drugs (NSAIDs), to the more aggressive, including cortisone injections, discectomy (a procedure in which a portion of the disc which is impinging on the spinal nerve is removed), and fusion, in which two or more discs are fused together with hardware in the hope that the lack of movement of the discs will reduce or eliminate the symptoms of disabling pain and loss of range of motion.

Do You Have a Claim?

In the state of New York, you have a viable claim if three factors are present:

• The at-fault parties were negligent or sought to cause harm.
• The negligence leads to your injuries and those injuries caused real losses, such as pain and suffering, medical bills, and lost income.
• The at-fault parties are viable, meaning they are covered by insurance in this case or have assets.

Trying to determine these factors isn’t always easy, and unfortunately many individuals with a strong case never get the compensation they deserve because they don’t understand they have a case. In many situations, you need a thorough investigation to determine who the liable parties are and to find evidence of wrongdoing or negligence.

Working with a personal injury lawyer in Westchester County, New York, or surrounding areas is important. An attorney acts in your best interests and helps you understand whether you have a claim. If you do have a claim and decide to seek compensation, your lawyer will take care of filing a lawsuit, negotiating with all liable parties and their insurer, and will handle all the steps necessary, so you can focus on your health.

How The Law Office of Mark A. Siesel Is Here to Help

If you or a family member suffer a herniated disc in a construction accident, car crash or in a slip and fall, it is vital that you retain attorneys with the requisite knowledge, background and experience to handle your case. At The Law Office of Mark A. Siesel, our experienced litigators are versed in the causation and liability issues which arise in herniated disc cases, and we pride ourselves in aggressively prosecuting our clients’ cases from inception through trial, arbitration, mediation, or settlement.

We make sure that the insurance carriers and their attorneys know that if our clients have suffered a back injury or other injuries due to the their insured’s negligence, we will demand that our clients receive compensation for their pain and suffering, lost earnings, medical and hospital bills, and loss of enjoyment of life. If this cannot be achieved through settlement or other voluntary resolution such as mediation, we will litigate the case in court. We are willing to face the biggest insurers and corporations in court, if that is the best way to get compensation for you.

Our team works with expert independent, board-certified medical consultants, including, neurosurgeons, orthopedic surgeons, and experts such as investigators and vocational rehabilitation experts to evaluate your injuries, determine the cause of the injury, and establish how your herniated disc is likely to impact your quality of life and earning capacity.

Our firm’s founder, Mark A. Siesel, has secured millions of dollars in settlements and verdicts and will personally be involved in your case, from the start through the trial. When you work with us, you can expect clear, prompt communication as well. We reply to your questions, emails, and calls within a day.

For us at The Law Office of Mark A. Siesel, it’s not just about getting compensation. It’s about protecting your financial future and helping you to get justice. By working with countless clients, we have seen how devastating a serious back injury can be, and we want to do everything in our power to make a real difference.

Call or email us for your free consultation today.