Degenerative disc disease (DDD) is a general term referring to a spine problem, most frequently related to wear and tear on the spine associated with age. What happens if you’re injured in a car accident, though, and have a preexisting condition, either known or yet to manifest following the wreck? Can an accident cause DDD, or simply exacerbate this preexisting disease? And finally, are there any claims one can bring under the circumstances if the collision did aggravate their condition?
This article will make it easier for you to comprehend how car accidents intersect with existing conditions such as degenerative disc disease, what legal recourse is available, and how you should act to safeguard your health and your legal rights.
What Is Degenerative Disc Disease?
Degenerative disc disease isn’t technically a “disease,” but rather a condition that develops when the intervertebral discs of the spine begin to deteriorate or break down. These discs act as cushions between the vertebrae, absorbing shock and supporting mobility.
Common Causes:
- Aging
- Repetitive strain
- Genetic predisposition
- Trauma (like a fall or accident)
Symptoms:
- Chronic back or neck pain
- Pain that worsens with movement
- Numbness or tingling in the limbs
- Muscle weakness
- Decreased mobility
In many people, DDD develops slowly and may remain asymptomatic for years—until a traumatic event, such as a car crash, triggers symptoms or accelerates degeneration.
Can a Car Accident Cause or Aggravate DDD?
A car accident may not directly “cause” degenerative disc disease, but it can certainly worsen an existing condition or trigger symptoms in someone who previously had none.
How a Collision Affects the Spine:
During a car accident, especially a rear-end or side-impact collision, the spine can experience extreme and sudden forces. These forces may:
- Cause discs to bulge or herniate
- Lead to tears in the outer layers of spinal discs
- Accelerate disc degeneration in already compromised areas
- Aggravate nerve compression
In some cases, someone with mild or undiagnosed DDD might develop severe, debilitating symptoms shortly after a crash—symptoms that persist long after the accident itself.
Common DDD Complications After a Crash
Following a car accident, individuals with DDD may experience:
- Herniated or slipped discs
- Pinched nerves
- Sciatica (radiating leg pain)
- Increased inflammation
- Reduced ability to work or perform daily activities
These complications can significantly affect one’s quality of life and may require extensive medical care, including physical therapy, pain management, injections, or even surgery.
Challenges in Personal Injury Claims Involving DDD
When filing a personal injury claim after a car accident, insurance companies often attempt to minimize payouts by arguing that your injuries are “pre-existing.” This can be especially problematic with conditions like degenerative disc disease.
Common Insurance Arguments:
- Your pain was already present before the crash.
- The accident didn’t cause the injury—it was due to aging.
- Your symptoms aren’t as severe as claimed.
However, the law recognizes that a defendant can be held liable if an accident aggravates a pre-existing condition. The key is demonstrating that the collision caused a measurable worsening of your health or function.
Legal Doctrine: The Eggshell Plaintiff Rule
Many states follow the “eggshell plaintiff” rule, which means a defendant must take the victim as they find them. In other words, if you were more susceptible to injury due to a condition like DDD, the at-fault party is still liable for the full extent of the damage caused—even if someone else without the same condition may not have been as severely injured.
This doctrine strengthens your case if you can show that the accident aggravated your degenerative disc disease or made an asymptomatic condition symptomatic.
Proving Aggravation of DDD in a Personal Injury Case
To successfully pursue compensation for aggravated DDD after a car accident, you and your attorney must present strong medical and legal evidence.
Essential Evidence Includes:
- Medical Records: Compare pre-accident and post-accident MRIs, X-rays, and physician notes.
- Expert Testimony: Physicians can testify that the accident caused a noticeable worsening of your condition.
- Personal Testimony: Your own detailed account of increased pain, mobility limitations, and how the condition has affected your life.
Functional Capacity Evaluations: Tests that objectively measure your physical limitations.
Compensation Available in Aggravated DDD Claims
If a car accident exacerbated your degenerative disc disease, you may be eligible for compensation that covers both economic and non-economic damages.
Economic Damages:
- Medical expenses (current and future)
- Physical therapy and rehabilitation
- Medications and injections
- Lost wages
- Diminished earning capacity
Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
In rare cases involving gross negligence or reckless behavior, punitive damages may also be awarded.
Steps to Take After a Car Accident
If you suffer from DDD and are involved in a car crash—or begin experiencing symptoms afterward—take these steps to protect both your health and legal case:
1. Seek Medical Attention Immediately
Early diagnosis and documentation are critical. Be honest with your doctor about pre-existing conditions and how your symptoms have changed.
2. Preserve Medical Records
Keep detailed records of all doctor visits, prescriptions, imaging studies, and therapy sessions.
3. Follow Treatment Plans
Consistent treatment not only improves your health but also strengthens your injury claim.
4. Don’t Settle Too Soon
Insurance companies may offer quick settlements. Don’t accept one without understanding the long-term implications of your injuries.
5. Speak with a Personal Injury Attorney
These cases can be complex. A skilled attorney can help establish that the accident aggravated your DDD and negotiate with insurers on your behalf.
Case Example: Aggravated DDD and Settlement
Imagine a 50-year-old woman with mild, previously asymptomatic degenerative disc disease. She’s rear-ended at a stoplight and begins experiencing chronic lower back pain radiating into her leg. An MRI reveals a herniated disc at L5-S1. Her doctor confirms that the accident aggravated her pre-existing DDD. With the help of an experienced personal injury attorney, she obtains compensation for her medical treatment, lost income, and pain and suffering.
Do You Need an Attorney?
In any personal injury claim involving pre-existing conditions like DDD, having an experienced lawyer can make all the difference. Insurance companies may try to reduce or deny your claim based on your medical history. An attorney can help:
- Gather and present medical evidence
- Coordinate with expert witnesses
- Counter insurance company tactics
- Negotiate a fair settlement or take your case to court if necessary
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
