Personal Injury Archives

What is a Herniated Disc – Part 1

The spine is made up of individual bones (vertebrae) and discs, which are rubbery cushions between the vertebrae. These discs are like a jelly doughnut with a softer center encased in a tougher exterior. A herniated disc (also known as a slipped disc torn disc or a ruptured disc) occurs when some of the softer “jelly” pushes out through a tear in the tougher exterior.

A herniated disc can irritate nearby nerves resulting in pain, numbness or weakness in the arms or legs. In some cases, people experience no symptoms from a herniated disc. Most cases do not require surgery to correct the problem.

It is important to understand the cause of the disc herniation in determining the best treatment options for the condition. For example, a doctor may recommend a different form of treatment for a herniated disc that developed gradually from weight gain as opposed to a herniated disc that developed suddenly from an auto accident.

Let’s back up a minute. The spinal column begins at the base of the skull and spans from the cervical spine in the neck through the thoracic spine in the middle back and into the lumbar spine in the lower back. There are 24 individual vertebral bodies and several fused vertebrae in the pelvic region. The spinal column is flexible enough to allow for the full range of motion in the neck and back that’s required for daily activity and strong enough to support the weight of the upper body.

Discs serve as shock-absorbing cushions for the spine. They are positioned between adjacent vertebrae to facilitate movement and reduce friction. Each disc has two parts (1) a thick exterior composed of collagen fiber (annulus fibrosus). This surrounds and contains (2) an inner core of protein gel (nucleus pulposus). These components are high in water content and must remain well hydrated and pliable in order to function properly.

For a variety of reasons, the discs can begin to deteriorate and dehydrate over time, becoming brittle and prone to breakage. If a fissure develops in a disc’s annulus fibrosus, some of the nucleus pulposus can pass through its compromised boundary. This condition is referred to as a herniated disc. Pain and other uncomfortable symptoms can develop if displaced inner disc material, which contains inflammatory proteins, irritates or pressures the disc wall, the spinal cord or a nearby nerve root.

A herniated disc can result from a number of factors, including:

The natural aging process – due to the cumulative effects of an aging body and ongoing wear and tear on the spinal components, the discs gradually weaken and become more susceptible to rupture.
Spinal trauma – injuries that results from a forceful blow to the spine can cause immediate disc herniation.
Repetitive stress – sitting for prolonged periods or repeatedly lifting heavy objects can cause a series of small tears to develop in the disc’s outer wall, tears that can worsen over time and lead to full disc herniation.
Unhealthy body weight – the spine must support the majority of the body’s weight, and the pressure of carrying extra pounds, particularly in the abdominal region, can strain and damage the spinal components.
Poor nutrition – an unbalanced diet can lead to weight gain and also deprive the discs of the nutrients needed to remain supple and strong.
Tobacco use – smoking inhibits circulation and interferes with the delivery of essential nutrients throughout the body, including the spine. Cigarette smoke also contains a multitude of toxins that can affect the discs as well as other parts of the body.
Genetics – a family history of disc herniation and other degenerative spine conditions can increase the likelihood an individual will develop similar conditions.

Look for more about this topic in an upcoming post from the Desmond Law Office.

Head Injury from a Car Wreck?

Did you hit your head on the steering wheel or dashboard after being rear-ended? If you did, you may be diagnosed with a closed head injury, a concussion or a brain contusion. A friend of mine, whose career is in the medical field, was good enough to provide me with the information listed below. We hope that it might assist you in treating any injuries you or your family members may have suffered in an car wreck or motorcycle accident.

A closed head injury is a trauma in which the brain is injured as a result of a blow to the head or sudden back and forth, violent motion. When this occurs, the brain is knocked around against the inside of the skull. Closed head injuries are common in traffic accidents, falls and assaults.

Closed head injuries can range from mild skull injuries to traumatic brain injury. They can result in severe brain damage or even death.

Different types of closed head injuries:

Concussion,
Brain contusion,
Diffuse axonal injury and
Hematoma

Concussions

A concussion is described as any head injury that temporarily affects normal brain function. Most concussions are mild and do not cause loss of consciousness. People suffering from a concussion can experience any number of symptoms including headache, dizziness, nausea, ringing in the ears, slurred speech, and vomiting. Persons suffering from a concussion may also have trouble concentrating or keeping their balance. While symptoms can be immediate, in other cases symptoms do not surface until hours or days after the blow to the head. Secondary symptoms can include mood swings, sensitivity to light and/or noise, and changes in sleep patterns.

Contusions

A brain contusion is when the tissues of the brain are bruised, as a result of the trauma. This can lead to a hemorrhage (bleeding) in some cases, which are then absorbed into the brain tissue. If this blood gets into the cerebrospinal fluid, it can lead to permanent neurological damage. Contusions are localized to a certain area, which is different from a concussion, which can be diffuse (spread out). Persons with a brain contusion (20-30% of severe head injuries) may feel weak and numb, lose coordination, struggle with memory or have cognitive deficits (trouble thinking straight).

Diffuse Axonal Injury

Diffuse axonal injury is one of the most debilitating traumatic brain injuries. These can be caused by high-speed collisions. Diffuse axonal injury causes permanent damage to the nerves in the brain. This can cause brain swelling and increased intracranial pressure (as with other closed head injuries), however, in this case it leads to a coma or a vegetative state in 90% of patients.

Intracranial hematoma

An intracranial hematoma occurs when the brain comes into contact with the inside of the skull, resulting in a pool or blood outside of the blood vessels of the brain or between the brain and the inside of the skull. This can compress brain tissue and requires immediate attention. This can result in unconsciousness, seizures or lethargy.

How Do I Value My Personal Injury Claim

How do I value my personal injury claim after a car, truck or motorcycle accident in the Louisville area?

First and foremost, the only one who can give you a reasonably accurate value for your personal injury claim is an experienced personal injury lawyer that has looked at all your medical records and bills.

Therefore, anyone who promises you they can get you “X” dollars from the start, is just trying to get you to sign up with their law firm.

Please don’t listen to your friends as they will tell you that they know of someone who did not get hurt, or did not get hurt as bad as you, and he/she recovered $25,000. While I wish that were the case, it most likely is not. Insurance companies are not in the business of just handing out money and they fight before they just hand over money to an injured person.

Also, you don’t try to use standard formulas like three times your medical expenses. Those formulas existed in the past and are no longer used by insurance carriers. These assumptions will take you down the wrong road and you may end up in a lawsuit because of false expectations.

Until someone looks at all of your medical records, no attorney can really provide you with a value for your case. A case value depends upon a multitude of factors including: amount of property damage; length of treatment; type of treatment; lost wages; pre-existing medical conditions existing before the accident; liability for the accident; aggravating circumstances such as a drunk driver; insurance company involved and; prior experience with this particular insurance adjuster.

Honestly, rather than the value of your personal injury claim, let’s concentrate on getting you the medical attention you need to get better, figuring out how to get your medical bills paid and deciding how to minimize your medical expenses so that we can ultimately maximize the net recovery from your personal injury claim. After all, it does no good to recover a large sum on your personal injury claim only to have these funds go out the window to lawyer’s and doctors.

Also, I see many attorneys act like realtors when they first speak to a potential client and promise that the world to sign up the case. Realtors, to obtain a house listing, have no problem using the figures you want to believe your house is worth only to tell you six months later, “Sorry I was wrong and the market changed.” I won’t do that. I am not going to promise you the moon and let you get your hopes up only to change my story once the first low offer comes in from the insurance carrier.

The answer to the question How do I value my personal injury claim is actually pretty complicated.

As an attorney who knows other attorneys who also have extensive personal injury practices, I have an advantage that you don’t. Many times, without revealing information protected by the attorney-client privilege, I will discuss your case with attorney friends of mine so I can get their input as what they believe the case is worth. Basically, I want to make sure that I am accurately valuing your personal injury claim. After all, as an attorney who is always advocating for you, it is easy to start believing our own hype. I don’t want to put you through the rigors of a lawsuit unless I am sure that the case justifies it and the insurance company has incorrectly valued the claim.

How do I value my personal injury claim after a car, truck or motorcycle accident in the Louisville area? If you want an attorney who will give you a straightforward, honest evaluation of your case, I can do that. Call me on my phone, [number], so that we can discuss it.

Category: Personal Injury