Herniated Discs and Your Legal Rights After a Crash

Car accidents can lead to more than just vehicle damage—they can leave people with long-term physical pain and medical problems. One of the most common injuries after a car crash is a herniated disc. While this injury may not be visible, it can significantly affect your daily life. You might experience ongoing back pain, difficulty walking, or weakness in your limbs. In severe cases, it can prevent you from working or caring for your loved ones.

If you’re dealing with a herniated disc after a crash, it’s important to know that you may have legal rights. You could be eligible for compensation that helps cover your medical bills, lost income, and pain and suffering. This article explains what a herniated disc is, how it’s caused by car accidents, and what your legal options are in California. Understanding your rights is the first step to getting the help and justice you deserve.

What Is a Herniated Disc?

Your spine is made up of small bones called vertebrae. Between these bones are soft, cushion-like discs that help absorb shock and allow your spine to move. A disc has a tough outer layer and a soft, jelly-like center. When that inner material pushes through a tear in the outer layer, it creates a herniated disc. This injury can press on nearby nerves, causing pain, tingling, numbness, or weakness in different parts of your body.

A herniated disc is sometimes referred to as a “slipped disc” or a “ruptured disc.” Although those terms are common, they describe the same basic issue: the inner disc material has moved out of place. Car accidents—especially those involving sudden stops or impacts—can cause this type of injury. When your body is jolted forward or sideways, the force can stress your spine and damage the discs. Rear-end crashes are one of the most frequent causes, but herniated discs can also happen in head-on or side-impact collisions.

While some herniated discs can heal with rest and therapy, others may result in long-term disability. Knowing how this injury works is key to understanding why it matters so much in personal injury claims.

Symptoms You Shouldn’t Ignore

Many people assume that if they’re not in immediate pain after a crash, they must be fine. But herniated discs don’t always cause symptoms right away. In fact, the pain or discomfort may not appear for days or even weeks after the accident. That’s why it’s crucial to pay close attention to how your body feels in the days following a collision.

Common symptoms of a herniated disc include sharp or burning pain in your lower back, upper back, or neck. You might also feel pain that shoots down your arms or legs—this is often a sign that the disc is pressing on a nerve. Some people experience numbness or tingling in their hands, feet, or buttocks. Others report muscle weakness, difficulty walking, or trouble standing for long periods. In rare but serious cases, a herniated disc can cause loss of bladder or bowel control. If this happens, it’s a medical emergency.

Even if your symptoms seem mild, they can get worse without treatment. It’s important to see a doctor as soon as you notice anything unusual. Getting a proper diagnosis early helps with both your recovery and your legal case. Insurance companies often try to downplay injuries that aren’t documented right away. By acting quickly, you protect your health—and your rights.

How Doctors Diagnose and Treat Herniated Discs

Diagnosing a herniated disc typically starts with a physical examination and a review of your symptoms. Your doctor will check your reflexes, muscle strength, and range of motion. If they suspect a disc injury, they may order imaging tests like an X-ray, CT scan, or MRI. These scans can confirm whether a disc is herniated and show how severely it’s affecting the surrounding nerves.

Treatment depends on how bad the injury is and how it’s affecting your life. Most people start with conservative care, which may include physical therapy, rest, and pain medications. Your doctor might also recommend steroid injections to reduce inflammation and help with nerve pain. For some patients, wearing a back brace can provide relief and support during healing.

If your symptoms don’t improve after several months, or if they get worse, surgery might be necessary. Common surgical options include a discectomy, which removes the herniated part of the disc, or a spinal fusion, which stabilizes the area. Surgery always carries risks, but for people with severe or persistent pain, it may offer the best chance of recovery.

Medical treatment for herniated discs can be expensive. Between doctor visits, physical therapy, imaging, medications, and possibly surgery, the costs can quickly add up. That’s why it’s so important to explore your legal options. You shouldn’t have to bear the financial burden of an injury caused by someone else.

Can You Sue for a Herniated Disc After a Crash?

Yes, you may be able to file a personal injury claim if another person’s actions caused the crash that led to your herniated disc. In California, drivers are responsible for operating their vehicles safely. If someone drives recklessly, speeds, texts while driving, or violates traffic laws—and their behavior causes a collision—they can be held legally responsible for your injuries.

To successfully bring a personal injury claim, you must prove three things. First, that the other driver was negligent, meaning they acted carelessly or irresponsibly. Second, that their negligence caused the crash. And third, that you suffered a herniated disc and other losses as a result. Proving this often requires medical records, expert testimony, and detailed documentation of how the injury has affected your life.

A personal injury attorney can help gather the necessary evidence, deal with the insurance companies, and fight for the compensation you deserve. It’s not just about holding the other driver accountable—it’s about helping you recover and move forward.

What Types of Compensation Can You Receive?

If your herniated disc was caused by someone else’s negligence, you may be entitled to several different types of compensation. These are known as “damages,” and they are meant to cover both the financial and personal impacts of your injury.

Medical expenses are often the most obvious cost. This includes emergency room visits, diagnostic tests, doctor appointments, physical therapy, pain medications, and any surgeries you need. But the expenses don’t stop there. If your injury forces you to miss work, you can also seek compensation for lost income. If your ability to work in the future is affected, you may be eligible for loss of future earning capacity.

In addition to these economic damages, you may be awarded money for pain and suffering. This covers the physical pain, emotional distress, and mental anguish caused by your injury. You might also be able to recover for loss of enjoyment of life—if your injury prevents you from doing activities you once loved, like playing with your kids, hiking, or working out.

In rare cases involving especially reckless or malicious behavior, the court may also award punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future. An experienced attorney can help you identify all possible forms of compensation and build a strong case for every dollar you’re owed.

What If You Had a Pre-Existing Back Problem?

Many people live with back pain or spinal issues before they ever get into a crash. Insurance companies often try to use this against injury victims, arguing that their herniated disc wasn’t caused by the accident. But under California law, you can still recover compensation if the accident made your condition worse.

This is known as the “eggshell plaintiff” rule. It means the at-fault party is responsible for all of your damages, even if you were more vulnerable to injury than someone else. If the crash aggravated your pre-existing back condition or caused a disc to fully herniate, you still have the right to seek compensation.

Medical records from before and after the crash are key in these cases. A knowledgeable attorney can work with your doctors to show how the crash affected your health. With the right evidence, you can overcome the insurance company’s arguments and get the justice you deserve.

How Soon Should You File a Claim?

In California, the statute of limitations for personal injury claims is two years from the date of the accident. That means you must file a lawsuit within two years, or you could lose your right to seek compensation altogether. If your claim is against a government entity, the timeline may be even shorter—just six months to file an administrative claim.

Waiting too long can also make it harder to prove your case. Over time, evidence can disappear, witnesses may forget details, and your medical history becomes harder to track. That’s why it’s best to speak with a lawyer as soon as possible. Starting early allows your legal team to investigate the crash, collect important documents, and build a solid case before the clock runs out.

Don’t delay. Even if you’re still healing, an attorney can begin working behind the scenes while you focus on recovery.

How Anderson Franco Law Can Help

At Anderson Franco Law, we understand how serious a herniated disc injury can be. We’ve helped injured people across San Francisco and throughout California fight for justice after car crashes. We know the tactics insurance companies use, and we won’t let them minimize your injury or pressure you into an unfair settlement.

When you work with us, you get personal attention and professional support. We handle every part of your case—from reviewing medical records to negotiating with insurers to preparing for trial if needed. We offer free consultations and don’t charge fees unless we win your case. And because we know that many of our clients speak Spanish, we offer bilingual support to make sure nothing gets lost in translation.

You deserve a legal team that cares about your story and fights hard for your future. That’s what we’re here to provide.

What to Do If You Think You Have a Herniated Disc After a Crash

If you’ve been in a car accident and suspect a herniated disc, take action right away. First, get medical attention—even if you don’t feel pain immediately. Early diagnosis helps your health and supports your legal case. Second, follow your treatment plan. Attend every appointment, follow your doctor’s advice, and keep track of your recovery.

Third, be careful when speaking with insurance companies. They may try to get you to settle quickly or say something that hurts your case. Don’t sign anything or give a recorded statement without talking to a lawyer first. Fourth, document everything. Keep copies of your medical bills, receipts, prescriptions, and proof of missed work.

Finally, reach out to a personal injury attorney as soon as possible. At Anderson Franco Law, we’ll listen to your story, explain your rights, and help you decide what to do next. We know how overwhelming this time can be—and we’re here to make the legal process as smooth and supportive as possible.

Let’s Talk About Your Injury

You didn’t ask to be injured. And you shouldn’t have to carry the burden alone. If you suffered a herniated disc after a crash, you deserve answers, support, and a fair chance at compensation.

Anderson Franco Law is ready to help. Call us today or fill out our online form for a free consultation. You’ll speak with an experienced attorney who understands what you’re going through and knows how to fight for you. We’re here when you need us—because your recovery matters.