Herniated disc

What is a herniated disc?

Spinal discs sit between the vertebrae, each with a tough outer ring surrounding a softer inner core. They act as shock absorbers and allow the spine to bend.

A herniation occurs when the outer ring tears and the inner material pushes through. The escaped material can press directly on a nerve root or on the spinal cord itself.

This is distinct from a bulging disc, where the disc extends beyond its normal boundary without the outer ring rupturing.

Herniations occur most commonly in the lower back and the neck, which are the most mobile regions of the spine.

Discs also lose water content with age, which makes them more vulnerable to injury even in people with no prior symptoms.

What symptoms does it cause?

The pattern depends on which nerve root is affected.

• Pain radiating into an arm or leg following the nerve's path
• Numbness or tingling in a defined distribution
• Weakness in specific muscle groups
• Reduced reflexes on examination
• Pain worsened by sitting, coughing or straining
• In severe cases, bowel or bladder involvement requiring urgent care

Why is it strong evidence in a claim?

Because it is visible. MRI shows the herniation directly, which satisfies the requirement for objective medical evidence that reported pain cannot.

When the herniation corresponds to radiculopathy confirmed by nerve testing, the case becomes considerably stronger, because the imaging and the clinical findings agree.

In New Jersey auto claims this combination frequently establishes permanency and clears the verbal threshold.

How does the defense respond?

By arguing the herniation is degenerative rather than traumatic. Disc changes are common with age and appear in many people without symptoms.

The response rests on timing and correlation. Symptoms beginning immediately after the crash, in a distribution matching the imaged level, are difficult to attribute to gradual degeneration.

Prior imaging, where it exists, is the strongest available answer, since it establishes what the spine looked like before.

The absence of prior treatment for that region is frequently the most persuasive evidence available where no earlier imaging exists.

Common questions

Does a herniated disc always require surgery?

No. Many improve with conservative treatment including therapy and injections. Surgery is generally considered where symptoms persist or neurological deficit progresses.

Can a crash cause a herniation if I already had disc degeneration?

Yes. Aggravation of a pre-existing condition is compensable, and the eggshell plaintiff rule applies.

Does a herniation meet the verbal threshold?

It frequently supports a permanency finding, particularly with corresponding clinical findings, though the assessment depends on the full picture.