Back and neck injuries

Back and neck injuries are the most common serious injuries in vehicle crashes and falls. They range from a disc that bulges and settles down to a herniation that presses on a nerve and needs surgery. They are also the injuries the defense fights hardest, because the spine shows age-related change in almost everyone.

It is general information, not legal advice, and it is not medical advice.

What can be injured

• Discs. The cushions between the vertebrae can bulge, herniate (the inner material pushes out), or tear. A herniation can press on a nerve root.
• Nerve roots. Pressure or irritation causes radiculopathy — pain, numbness, or weakness traveling into an arm or leg (sciatica when it runs down the leg).
• Facet joints. The small joints that link the vertebrae can be sprained or become a lasting pain source.
• Muscles and ligaments. Sprains and strains, which are covered on soft tissue injuries and whiplash.

The diagnostic path

It usually starts with a clinical exam — range of motion, strength, reflexes, and tests that reproduce nerve symptoms. X-rays show alignment and bony injury. An MRI shows the discs and nerves and is ordered when symptoms persist or point to nerve involvement. An EMG or nerve conduction study can confirm and locate nerve-root damage. The timing and consistency of these findings, matched to the symptoms, is what makes the record persuasive.

The treatment ladder

Care generally moves from least to most invasive: rest and activity modification, physical therapy, anti-inflammatory and other medication, then epidural steroid injections or facet procedures, and finally surgery — a microdiscectomy, a fusion, or a disc replacement — if symptoms are severe and do not respond. Following this ladder, rather than jumping to or skipping steps, supports the claim.

The degenerative-changes dispute

An MRI report after a crash almost always mentions degeneration, disc desiccation, or spondylosis. The defense uses those words to argue the injury is just aging. The medical answer looks at whether the person had symptoms before, whether prior imaging exists, and whether the current findings — an acute herniation, nerve-root compression, an annular tear with surrounding change — fit a new injury. If the accident made a previously silent condition painful, that is a compensable injury.

Sources: CACI No. 3927 (aggravation of a pre-existing condition); CACI No. 3928 (unusually susceptible plaintiff). CACI citations are to the Judicial Council of California Civil Jury Instructions (2026 edition).

Which accidents cause them

Car accidents, truck accidents, rideshare accidents, motorcycle accidents, pedestrian accidents, and slip, trip, and fall injuries.

Common questions

The MRI says I have degenerative disc disease. Does that mean the crash did not hurt me?

No. Almost every adult has some age-related disc change, often with no symptoms. The question is whether the accident caused a new injury or made a quiet condition symptomatic. A doctor addresses that by comparing your history and any prior imaging.

What is radiculopathy?

Nerve-root irritation or compression, often from a disc pressing on the nerve. It causes pain, numbness, tingling, or weakness that travels down an arm or a leg in a specific pattern. It can sometimes be confirmed on an EMG or nerve conduction study.

Do I have to have surgery for it to be a serious injury?

No. Many significant disc injuries are managed without surgery. But a consistent record of conservative care, and a surgeon's opinion about whether surgery is likely in the future, both matter to the claim.

I hurt my back years ago. Is this claim still viable?

Yes. If the accident aggravated the old injury, the person who caused it owes the worsening. Expect the defense to request your prior records; a clear before-and-after picture is what answers it.