Back injuries are among the most common and potentially debilitating injuries suffered in New York accidents, including those that occur in Manhattan, Queens, Brooklyn, The Bronx, Nassau County, and Suffolk County. One of the most frequently encountered back injuries in personal injury litigation is a herniated disc. This article will explore what herniated discs are, their common causes, typical treatments, how they affect daily life, and how New York’s personal injury laws can influence compensation for those who have sustained this type of injury.
What Is a Herniated Disc?
A herniated disc occurs when the soft, gel-like center of a spinal disc pushes through a tear in the disc’s tough outer layer called the annulus.1 Your spine is composed of a series of bones (vertebrae) separated by discs that act as cushions, absorbing shock and enabling flexibility. When a disc herniates, it can press on the spinal nerves, leading to pain, numbness, tingling, and weakness that may radiate from the back into the legs or arms, depending on the location of the herniation.
Think of it like this: Imagine the discs in your spine as small jelly doughnuts between each of your vertebrae. Normally, they stay intact and provide padding. But if the doughnut’s tough outer shell gets a crack, the jelly-like filling can ooze out. This escaping jelly presses against the sensitive nerves running alongside your spine, causing discomfort and sometimes severe pain—much like stepping on that jelly doughnut and having the filling squirt out.
Common Causes of Herniated Discs in New York Accidents
Herniated discs commonly result from car accidents, truck accidents, and motorcycle accidents on busy roadways such as the FDR Drive, Long Island Expressway (LIE), or Grand Central Parkway. Even relatively low-speed collisions at intersections in Brooklyn, Queens, or Manhattan can exert enough force to cause a disc to slip or rupture. Other common causes include slip and fall accidents on poorly maintained sidewalks, workplace injuries at construction or industrial sites, and even sports-related impacts.
Symptoms and Diagnosis
Individuals with herniated discs often experience persistent back pain that may worsen with certain movements, prolonged sitting, or lifting objects. Numbness, muscle weakness, or tingling sensations traveling down the legs or into the arms can also occur, depending on which discs are affected. Diagnosis typically involves physical examinations, medical history review, and imaging studies such as MRI scans.
Treatment Options for Herniated Discs
Treatment ranges from conservative measures to invasive surgeries. Physical therapy, chiropractic care, epidural injections, and pain management medications are often first-line approaches, supplemented by lifestyle changes and targeted exercises. If these fail, surgical interventions like discectomies or spinal fusions may be recommended, though surgery comes with higher costs, longer recovery times, and added risk.
Impact on Daily Life and Work
A herniated disc can severely limit a person’s ability to work and engage in everyday activities. Physically demanding jobs may become impossible, while even sitting at a desk all day can be painful. Tasks like carrying groceries, caring for children, or enjoying recreational pursuits may turn into challenges. Such limitations can lead to lost wages, reduced earning capacity, and diminished quality of life—factors that often increase the value of a personal injury claim.
Legal Considerations in New York Personal Injury Litigation
Key aspects of New York law affect herniated disc claims. The state’s no-fault insurance coverage initially pays for medical expenses and lost earnings regardless of fault, but to seek compensation for pain and suffering, the plaintiff must meet New York’s “serious injury” threshold under Insurance Law Section 5102(d). Herniated discs frequently qualify when supported by objective medical evidence and documentation of lasting functional limitations. Victims generally have three years from the accident date to file a personal injury lawsuit, and if they share fault for the accident, any compensation may be reduced proportionally.
Real-World Examples of Herniated Disc Awards in New York
Recent cases in New York courts show how compensation for herniated disc injuries can vary widely, depending on severity, need for future treatment, and how persuasively each side’s evidence is presented.
Eastman v. Nash (2d Dept. 2017), involved a 40-year-old home health aide who was a rear-seat passenger in an ambulette on the FDR Drive in Manhattan. After the ambulette collided with another vehicle, she struck the driver’s seat, sustained a herniated disc at L4-5, and underwent 10 months of physical therapy. She could not work for nearly a year and faced ongoing pain affecting her ability to lift, sit, and walk long distances. The jury awarded $200,000 for pain and suffering, and the appellate court affirmed the award. While the defense argued her injuries were degenerative or minor, the court found the evidence sufficient to justify the jury’s valuation. Of note, there was little or no visible damage to either vehicle and in her report of the accident shortly thereafter, plaintiff described it as a “fender bender.”
in Plazas v. Sherlock (2d Dept. 2024), a 45-year-old plaintiff stopped at a red light was struck by a left-turning driver. Diagnosed with herniated discs at C5-6 and C6-7, he underwent cervical fusion surgery. The jury initially awarded $53,625 in past pain and suffering only. On appeal, the court raised the past award to $200,000 but upheld the jury’s decision to award no future damages.
In Brown v. Voda Realty LLC (1st Dept. 2024), a 74-year-old plaintiff in the Bronx was injured in 2016 when a ceiling collapsed onto him as he slept. Though he sought medical treatment five days later and underwent only three months of physical therapy, he claimed aggravation of pre-existing degenerative conditions, including herniated discs. The jury awarded $1,000,000 in pain and suffering, reduced on appeal to $800,000. Despite the defendant’s attempt to diminish the value of the claim by arguing age-related degenerative changes, the court recognized that the incident had significantly impacted the plaintiff’s ability to run, dance, shop, and spend time with grandchildren.
These examples demonstrate how compensation can span from a few hundred thousand dollars to well over $1 million. Factors such as the plaintiff’s age, pre-existing conditions, severity and nature of injuries, the credibility of medical experts, and whether future surgery is recommended all influence how much a jury or arbitrator might award. Strong medical documentation, consistent treatment, and effective legal representation can make a critical difference.
Maximizing Compensation for a Herniated Disc
For those suffering from herniated discs, several steps can increase the likelihood of a favorable outcome. Prompt medical attention ensures a clear record linking the accident to the injury. Following prescribed treatments and attending all appointments bolsters credibility. Keeping thorough documentation of medical bills, treatments, and any related expenses is essential. Most importantly, consulting an experienced New York personal injury attorney can help navigate complex legal standards, negotiate with insurers, and present a compelling case for maximum compensation.
Conclusion
Herniated disc injuries can profoundly impact victims throughout Manhattan, Queens, Brooklyn, The Bronx, Nassau County, and Suffolk County. The cases cited above illustrate that awards vary widely, shaped by the complexity of the injuries, the persuasiveness of medical evidence, and the legal strategies employed. By seeking timely medical care, assembling thorough documentation, and working with an experienced attorney, individuals with herniated disc injuries stand a better chance of securing fair and meaningful compensation under New York law.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws and legal interpretations can vary by jurisdiction and over time. For advice pertaining to your specific situation, please consult a qualified attorney licensed in your area.
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