A car accident can cause serious back or neck symptoms even when an injured person already had degenerative changes in the spine before the collision. I regularly see accident victims in Schaumburg who are surprised when an MRI shows degenerative disc disease because they had little or no significant pain before the crash. Degenerative changes can develop gradually with age and may exist for years without substantially interfering with work, driving, exercise, or everyday activities.
A collision on a busy Schaumburg roadway, such as Golf Road, Higgins Road, Roselle Road, or another heavily traveled route, can place sudden forces on the spine and potentially aggravate an underlying condition. When that happens, the fact that degeneration existed before the accident does not automatically prevent an injured person from pursuing compensation under Illinois law.
Degenerative disc disease refers to changes that occur in the discs between the vertebrae of the spine. These discs act as cushions and help the spine absorb stress while allowing movement. Over time, discs can lose hydration, become thinner, develop tears, or become less effective at absorbing pressure.
Despite its name, degenerative disc disease is not necessarily a disease in the traditional sense. Degenerative changes are frequently associated with aging, although previous injuries, repetitive physical activity, genetics, occupation, and other factors can contribute.
Many people have degenerative changes without knowing it. They may have no significant symptoms before a car crash. Others may have occasional stiffness or mild discomfort that is manageable until a collision significantly worsens their condition.
During a crash, the body can be subjected to abrupt acceleration, deceleration, twisting, compression, and stretching forces. The cervical spine in the neck and lumbar spine in the lower back are particularly vulnerable.
A disc that has already weakened may be less capable of absorbing these forces than a healthy disc. An accident may aggravate inflammation, worsen an existing disc protrusion, cause additional tearing, contribute to a herniation, or increase pressure on nearby nerves.
After the collision, someone who previously experienced little discomfort may suddenly develop persistent neck or back pain, muscle spasms, reduced range of motion, numbness, weakness, tingling, or pain radiating into an arm or leg.
In severe cases, an injured person may require injections, physical therapy, pain management treatment, or spinal surgery.
One of the most important issues in these cases is distinguishing between the condition that existed before the collision and the additional injury or symptoms caused by the accident.
Illinois law recognizes that an accident victim may recover damages when another person’s negligence aggravates a pre-existing condition. Illinois Pattern Jury Instruction Civil 30.21 specifically provides that a plaintiff’s damages cannot be denied or limited simply because an injury involved the aggravation of a pre-existing condition or a condition that made the person more susceptible to injury.
This distinction can be extremely important for someone who had degenerative disc disease before a Schaumburg-area collision.
The relevant question is often not whether degeneration existed before the accident. Instead, I look closely at whether the collision caused a measurable change in symptoms, function, medical treatment, or the underlying spinal condition.
Insurance carriers frequently use degenerative findings to challenge back and neck injury claims. An adjuster may argue that an MRI demonstrates normal age-related degeneration rather than trauma from the collision.
That argument does not necessarily explain why someone who functioned normally before the accident developed significant pain immediately afterward.
I examine the complete medical timeline. Records showing that a person had no significant treatment before the collision but required substantial medical care afterward can be important. Previous medical records may also demonstrate that an existing condition was stable before the accident.
Diagnostic imaging, physician opinions, specialist evaluations, physical therapy records, employment records, and testimony concerning changes in everyday activities may all help establish the difference between the person’s condition before and after the collision.
A strong claim involving degenerative disc disease often depends on detailed medical documentation.
MRI scans can identify disc degeneration, bulging discs, herniations, nerve compression, spinal stenosis, and other abnormalities. However, imaging is only part of the analysis. Physicians may compare imaging results with physical examinations, neurological symptoms, previous records, the mechanism of the accident, and the progression of symptoms.
Consistency can also matter. Delaying medical treatment can allow an insurance company to argue that the symptoms were unrelated to the crash or developed from another cause.
If neck or back symptoms appear following an accident in Schaumburg, Arlington Heights, Palatine, Rolling Meadows, Elk Grove Village, Mount Prospect, Des Plaines, Buffalo Grove, or another nearby community, obtaining appropriate medical attention can protect both your health and the documentation needed to evaluate a potential claim.
When another driver causes a collision that aggravates a spinal condition, I may pursue compensation for the losses attributable to the accident.
Depending upon the circumstances, damages may include medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, disability, and loss of normal life.
Illinois also follows a modified comparative negligence system. Under 735 ILCS 5/2-1116, an injured person can generally recover damages when his or her contributory fault is not more than 50 percent of the proximate cause of the injury, although compensation is reduced according to the percentage of fault attributed to that person. Recovery is barred if the person’s contributory fault exceeds 50 percent.
A pre-existing degenerative condition, however, is different from comparative fault. Having degeneration in your spine does not mean you caused the accident or caused another driver to injure you.
Potentially, yes. Having degenerative disc disease before a collision does not automatically prevent you from pursuing an Illinois personal injury claim. I would evaluate whether the accident aggravated the condition, caused new symptoms, increased existing symptoms, or created additional physical limitations.
Illinois civil jury instructions recognize claims involving aggravation of pre-existing conditions. The central issue is usually determining how your condition changed because of the accident.
For example, you may have had mild degeneration visible on an old MRI but had never required injections, missed work, or experienced significant limitations. If a collision is followed by severe pain, radiating symptoms, extensive treatment, and an inability to perform normal activities, that before-and-after difference may become important evidence.
Doctors may consider several forms of information rather than relying on one MRI finding. They can review your symptoms before and after the accident, previous medical records, imaging studies, physical examinations, neurological findings, and the mechanics of the collision.
If prior imaging exists, a physician may compare older scans with newer ones. Even when imaging does not demonstrate an entirely new abnormality, a collision can potentially make an existing condition symptomatic.
The timing of symptoms is also relevant. When someone had been functioning normally and develops significant neck or back symptoms shortly after a collision, that clinical history may help the treating physician evaluate causation.
The word “degenerative” does not automatically mean that your symptoms were unrelated to your accident. Insurance companies sometimes emphasize that language because degeneration generally develops over time.
I focus on what changed after the collision. A person can have an asymptomatic or mildly symptomatic degenerative disc and then experience substantially greater symptoms following trauma.
Medical professionals may need to determine whether the accident aggravated an existing problem, caused a disc to become symptomatic, worsened nerve irritation, or contributed to another spinal injury. That medical analysis can become a significant part of an insurance claim or lawsuit.
It may seek prior medical records, particularly when you claim injuries involving the same body part affected by an earlier condition or injury.
Prior records are not necessarily harmful. In some cases, they can actually strengthen the claim. Records showing that you had minimal complaints, required little treatment, or functioned normally before the accident may provide useful evidence demonstrating how substantially your condition changed afterward.
I also carefully evaluate requests for medical information because an insurance company may seek records extending far beyond what is reasonably related to the injuries being claimed.
The available damages depend on the particular injuries and how they affect your life. I may pursue compensation for reasonable medical expenses associated with accident-related treatment, including diagnostic testing, physical therapy, physician visits, injections, medication, rehabilitation, and surgery when medically necessary.
A claim may also include lost wages if the injury prevented you from working. More serious spinal injuries may affect a person’s ability to perform the same occupation in the future.
Illinois personal injury damages can also address pain and suffering, disability, and loss of normal life when supported by the evidence. The objective is to identify the harm caused or aggravated by the collision rather than simply placing a value on the degenerative condition that already existed.
If a car accident turned a manageable or symptom-free spinal condition into persistent neck pain, back pain, numbness, weakness, or another serious problem, I can evaluate whether the collision aggravated your degenerative disc disease. Insurance companies may focus heavily on words such as “degenerative” or “pre-existing,” but those terms do not automatically determine whether another driver’s negligence caused you additional harm.
At SJ INJURY LAW, I represent people injured in automobile accidents and help determine how their medical history, diagnostic imaging, treatment records, and accident evidence affect their claim. I serve injured clients in Schaumburg, Arlington Heights, Buffalo Grove, Des Plaines, Mount Prospect, Northbrook, Palatine, Prospect Heights, Wheeling, Park Ridge, Rosemont, Glenview, Chicago, and communities throughout Illinois.
If you were injured in a collision and believe the accident caused or worsened a neck or back condition, contact our Schaumburg traffic accident attorney at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation.
Client injured by a distracted driver who was texting at the time…
Student was injured and fractured several bones and required surgery to…
While at work operating a piece of manufacturing equipment, the safety…
Woman was bitten on her face by what she believed to be a vicious…
Our client suffered a back injury and will undergo spine surgery…
Client's vehicle was forced into oncoming traffic, colliding with a semi-truck...
We are highly experienced personal injury lawyers. We know how to help accident victims receive the full financial compensation they deserve. Our Winning Team is focused, dedicated, and sensitive to each of our client's needs. We are here to help you 24 hours a day, 7 days a week.