Neck and back injuries are the most common serious injuries in crashes and falls, and the most fought over. Insurers call them sprains, or blame age and wear. The medical records tell the real story.
Injuries We See
- Herniated and bulging discs in the neck and lower back
- Pinched nerves causing pain, numbness, or weakness in the arms or legs
- Fractured vertebrae
- Injuries that require injections, discectomy, or spinal fusion
- Spinal cord injury, including partial and complete paralysis
Results
Settlement secured for a client rear-ended at a stop sign, resulting in Spinal Surgery.
Settlement obtained for a client involved in a life-altering sideswipe resulting in Spinal Surgery.
Prior results do not guarantee a similar outcome.
How We Prove the Injury
- MRI and other imaging
- Nerve testing such as EMG studies, where the doctors order them
- Treatment records from orthopedists, neurologists, and pain management doctors
- Operative reports and surgical recommendations
- Your treating doctors' opinions on cause and permanency
- Proof of what you could do before and cannot do now
Consistent treatment matters. Long unexplained gaps in care are the first thing a defense lawyer looks for.
The Serious Injury Rule in Vehicle Cases
To recover for pain and suffering after a motor vehicle crash, New York law requires a "serious injury." Fractures, significant scarring, and significant or permanent loss of use of a body part are examples.
A spine injury with documented, measured loss of motion, positive test results, and a doctor's opinion tying it to the crash is how that requirement is met.
What You Can Recover
- Medical bills, including future surgery and pain management
- Lost wages and loss of future earning ability
- Pain and suffering
- Loss of enjoyment of life
- Home care and home modifications after a spinal cord injury
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
Claims against the City of New York, the Transit Authority, NYCHA, or another public agency move faster. A written notice of claim is generally due within 90 days, and the lawsuit generally must be filed within one year and 90 days.
Common Questions
The insurer says my MRI shows degeneration, not an injury. Is my case over?
No. Many adults have some wear in the spine and no symptoms until an accident. The question is what changed after the accident, and your doctors address that.
My doctor recommended surgery and I am not sure I want it. Does that affect my case?
That is a medical decision between you and your doctor. The recommendation itself is part of the record.
How long do I have to keep treating?
Follow your doctors' advice. From a legal standpoint, consistent and documented treatment is the best proof of an ongoing injury.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.