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Herniated Discs from Car Accidents: Your Legal Options in New York

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herniated disc from a car accident

It can start with a sharp twinge or an ache that won’t disappear. You twist, you stretch, but nothing relieves the pressure. If you’ve suffered a herniated disc from car accident trauma, you’re not just hurting. You may be facing surgery, lost income, and a long road ahead.

Car crashes are one of the most common causes of spinal disc damage. Even a low-speed collision can compress the spine and force a disc out of alignment. The pain may radiate down your arms or legs. Your mobility may suffer. And worse, your insurance company may try to say it was pre-existing or unrelated.

Fortunately, you’re not alone. At Greenspan & Greenspan Injury Lawyers, P.C., we’ve helped New Yorkers recover compensation for spine injuries for over 30 years. We take care of everything, including property damage, lost wages, and medical reimbursements, so you can focus on recovery. If you’re wondering about your options after a herniated disc from auto accident trauma, we offer free case reviews, no upfront fees, and honest answers from lawyers who fight and win.

Let’s break down your legal options and how to protect your rights.

Pain that lingers after a car crash can impact every part of your life—work, sleep, even the simple things. You deserve clear answers, real support, and a path that helps you move forward with confidence.
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Can a Car Accident Cause a Herniated Disc?

Medical literature and legal precedent both confirm that car accidents can cause herniated discs. The most common mechanism is forceful trauma, either from direct impact or rapid deceleration, which puts extreme stress on the vertebral column. According to the Cleveland Clinic, herniated discs occur in roughly 1–5% of all adults, but the risk increases dramatically with trauma, such as car crashes.

Your spine contains soft, jelly-like discs between each vertebra. These discs act as cushions, allowing for flexibility. When trauma forces the spine to twist or compress unnaturally, a disc can tear or bulge outward, pressing against nearby nerves and causing pain, numbness, or weakness. The most frequent injury locations include the cervical and lumbar portions of the spine. 

Since the answer to “Can a car accident cause a herniated disc?” is yes, always get medical attention even if you don’t feel injured right away. Imaging tests, such as MRIs or CT scans, can confirm whether disc damage has occurred. And the sooner you document those symptoms, the stronger your case becomes when seeking compensation.

Symptoms of a Herniated Disc from Car Accident Trauma

A herniated disc from a car accident injury might not feel severe at first. Many people walk away from a crash thinking they’re fine, only to wake up the next day in agony. Others develop nerve-related issues weeks later. After an accident, it’s important to watch for these warning signs:

  • Shooting pain in the arms, shoulders, buttocks, or legs;
  • Numbness, tingling, or “pins and needles;”
  • Muscle weakness in the arms or legs;
  • Difficulty standing, walking, or sitting for long periods; and
  • Pain that worsens with movement, coughing, or sneezing.

Always get medical attention, even if you don’t feel injured right away. Imaging tests, such as MRIs or CT scans, can confirm whether disc damage has occurred.

What Makes Obtaining a Settlement for a Herniated Disc Difficult?

Herniated discs can sometimes appear on imaging even in people without symptoms. That gives insurance companies an opening to argue that your injury was “degenerative” or “pre-existing.” They’ll say the disc was already herniated before the accident and try to reduce or deny your claim. A successful herniated disc from car accident settlement requires:

  • Medical records that link the injury to the crash,
  • Expert opinions from orthopedic surgeons or neurologists,
  • Proof that your symptoms began after the collision, and
  • Evidence of how the injury affects your life and work.

Evidence is where legal strategy matters most. You need someone who understands the medical and legal sides of the issue and can use compelling substantiation to bridge the gap.

Legal Pathways for Herniated Disc from Auto Accident Claims in New York

New York’s no-fault insurance system covers your initial medical expenses and lost wages, regardless of fault. But if your injury qualifies as “serious” under New York Law, you can file a personal injury lawsuit against the at-fault driver.

A herniated disc from auto accident trauma often meets the serious injury threshold when:

  • It causes a significant limitation of a body function or system;
  • It results in a 90/180 disability (inability to perform daily activities for at least 90 out of 180 days after the accident); and
  • It leads to permanent loss of use or chronic, documented pain.

If you are able to document any of the above, you can bring a lawsuit against the responsible party. You may be able to recover the following types of damages:

  • All medical bills not covered by PIP,
  • Full lost wages and diminished future earning ability,
  • Pain and suffering damages,
  • Emotional distress, and
  • Long-term care and rehabilitation expenses.

But strict deadlines apply. In New York, you have three years from the accident date to file a personal injury lawsuit, and less time if municipal vehicles or government entities are involved.

What Should I Do If I Think I Have a Herniated Disc after a Car Accident?

Don’t wait to act if you’re unsure whether your back pain qualifies. Start building your case now by following these steps:

  • Seek immediate medical care and follow through on treatment;
  • Request diagnostic imaging (MRI, CT scan, or X-ray);
  • Keep a journal of symptoms, limitations, and treatment milestones;
  • Avoid recorded statements or signing releases from the insurance company; and
  • Call an experienced spine injury lawyer to discuss your options.

At Greenspan & Greenspan, we help you document your injury, protect your claim, and pursue every dollar you deserve.

Contact Skilled Car Accident Lawyers Who Can Help Today!

If you’ve suffered a herniated disc from car accident trauma, don’t wait to protect your legal rights. Insurance adjusters move fast. You need someone faster.

With over 30 years of experience, millions of dollars recovered for clients, and national recognition as Super Lawyers, Greenspan & Greenspan has built a reputation as one of New York’s most trusted personal injury law firms. We handle everything from property damage to medical reimbursements, and we never charge a fee unless we recover compensation on your behalf. Our case reviews are always free, our legal support is available 24/7, and our commitment goes beyond the courtroom.

Call us today for your free case review. We’ll evaluate your injury, explain your options, and fight for what you deserve—at no cost unless we recover for you. You focus on healing. We’ll handle the rest.

Mike Greenspan

A dedicated attorney with bar admissions in New York, Florida, and the Supreme Court of the United States, has a deep-rooted commitment to his community. Since 1992, he has been a certified high school track and field official and an Executive Committee member of the Glenn D. Loucks Games. He serves on the Board of Directors of the JCC-Rockland and has devoted over a decade to coaching youth sports in Rockland County. Mike was recognized by the County of Rockland as well as the American Association for Justice for his distinguished service in providing free legal representation through the Trial Lawyers Care program for families of victims of the September 11th attacks. He represents clients across a wide range of legal practice areas.

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I was involved in a motor vehicle accident in which I got injured. I contacted Green span and Greenspan and they were very courteous and supportive through out the whole case duration. I am pleased with the service I got and if some one wants the best representation then Greenspan is the one to choose.
Mendel-New City, NY
I truly can’t thank Michael Greenspan and everyone at Greenspan & Greenspan enough for working so diligently to get us the best possible settlement after my car accident. For me, it was always about getting my life back, or at least getting as much of it back as possible.
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