Neck and back injuries are called soft tissue injuries by insurance companies that try to minimize the sound and value of your injury but these injuries can be more severe than a broken bone.
Insurance companies always try to defend neck and back injury cases by claiming the injury was previously existing. But we know that when a previously existing injury is injured again, it becomes much worse than it would have been.
We have settled numerous cases in the $1M range for our clients who had “soft tissue” injuries with a pre-existing condition.
Most back pain is associated with an injury to the neck (cervical spine) or lower back (lumbar spine). Injuries to the thoracic spine and sacral spine are rare. When the thoracic spine or sacral spine is injured, it’s usually fractured which is a serious spine injury.
$1,000,000 For Neck Surgery With a Previous Existing Neck Surgery
When our client, Catherine B., injured her neck we demanded the insurance company pay the entire $1,000,000 policy. The insurance company argued that she had prior neck surgery from a previous accident approximately ten years earlier. But we argued that the prior neck surgery put her in a worse condition than she would have been and she needed a new fusion at the same level. The insurance company settled by paying the entire $1,000,000 policy.
$750,000 For Lower Back Surgery With a Previous Existing Treatment
When our client, Nyda, injured her lower back, the insurance company argued that she had prior medical treatment for back pain for 10 years with the last treatment only two months before her car accident. The insurance company offered $150,000 but we settled for $750,000.
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Spine Injuries With a Fracture
Lumbar spine injuries can include a fracture (broken bone) of the spine; injury to a disc; or a soft tissue injury. If there is a fracture or if surgery is needed, we consider it to be a very serious injury no matter what kind of accident caused it.
If you had a car accident we must prove you have a “legally serious injury” and a fracture is by law a serious injury.
Serious lower back injuries involving a disc (or disk):
- Bulging lumbar disc is where a disc is damaged causing it to bulge out and press on a nerve.
- Herniated lumbar disc is where the disc material has gone beyond bulging to the point where it has broken through its protective outer coating and is pressing on a nerve.
Accidents causing damage to a disc result in one or more bulging discs, herniated discs, or a combination of bulging and herniated discs. This type of injury usually gets worse over time and must either be tolerated and treated with constant exercise and stretching or be treated with surgery.
Soft Tissue Injury With Another Injury Involving a Fracture
If you had a car accident and have a soft tissue low back or neck injury but you have a broken bone anywhere in your body including a broken finger or broken tooth, your case meets the New York “threshold” which means your case cannot be dismissed and you can get money for all of your injuries.
Soft Tissue Injury
Lower back injuries to the lumbar spine often referred to as a soft tissue injury include the following:
- Muscle strain.
- Ligament sprain.
Accidents that cause a muscle strain or ligament sprain will result in mild to moderate discomfort or pain but not serious pain and should go away within 4-12 weeks after the accident. In some cases, a ligament sprain that causes instability may require surgery.
There are several lumbar discs, labeled as L1 at the top of the lower back to L5 which is at the bottom of the lower back. Below the L5 lumbar vertebrae are the sacrum.
In this case, our client has a “soft tissue lower back injury” which eventually required surgery. These x-ray images show the hardware installed in the lower spine.
If you have neck or lower back pain after your accident, we would like to represent you! Please call us for a free consultation at 1-800-HURT-911 1-800-487-8911
Videos showing minimal incision or minimally invasive spine surgery
Stryker® Percutaneous Discectomy using a very tiny vacuum (actual surgery) (Stryker is a brand name)
Hydro Percutaneous Discectomy using a water jet (animation)
Percutaneous laser discectomy (animation)
Doctors have begun doing stem cell implant surgery for lumbar disk injuries. We have several clients who have had stem cell implant surgery for lower back injuries sustained in an accident.
What is stem cell therapy?
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.