Herniated Discs

Herniated discs can cause pain in the back, neck, arms, or legs. When an accident caused by someone else’s carelessness leads to a herniated disc, both Missouri and Kansas allow the injured person to seek compensation, but the deadlines and fault rules differ between the two states.

What Is a Herniated Disc?

Each disc between the bones of your spine has a soft, gel-like center surrounded by a tougher outer layer. A herniated disc happens when part of that soft center is forced through a weakened area of the disc, which can follow an injury or strain and can put pressure on nearby nerves or the spinal cord.

The lower back is the most commonly affected area, according to a federal overview of herniated discs. A herniated disc there can cause sharp pain in the leg, hip, or buttocks, a pattern also called sciatica, while one in the neck can send pain into the shoulder, arm, and fingers. A spine MRI or CT scan can show where the disc is pressing, which gives a claim objective medical proof instead of resting on your description alone.

How Do Herniated Discs Happen in Car Accidents and Falls?

A sudden force on the spine can cause a disc to herniate. In a rear-end collision, the torso can be thrown forward and back, and a fall on stairs or a wet floor can jolt the spine on impact. That is why herniated discs come up in both car accident claims and slip and fall claims.

Prompt medical evaluation after a crash or fall protects your health and creates a record that ties the injury to the accident.

Does a Herniated Disc Claim Require Surgery?

No. Treatment for a herniated disc usually starts with a short period of rest, pain medicine, and physical therapy, and steroid injections or surgery may follow when symptoms do not go away. Each stage of that care can be part of the losses a claim covers.

For a car crash in Kansas, recovering pain and suffering damages from the at-fault driver requires medical treatment worth $2,000 or more or a qualifying injury, such as a permanent one, and surgery is not required to meet that test. Missouri has no such requirement.

What If Herniated Disc Symptoms Start Days After the Accident?

Herniated disc pain often comes on slowly, so the injury may not seem serious in the first days after a crash or fall. In both states, the filing clock generally starts once the injury is sustained and reasonably ascertainable, and Kansas adds an outer limit: a claim cannot be brought more than 10 years after the act that caused it.

Missouri generally allows five years to file a personal injury lawsuit under Section 516.120 of the Missouri Revised Statutes, while Kansas generally allows two years under Section 60-513 of the Kansas Statutes. That means the side of the state line where the accident happened can change the filing window by three years.

Will the Insurance Company Say Your Herniated Disc Was Pre-Existing?

It can. A minimal herniation may cause no symptoms, so a disc problem can exist before an accident without anyone knowing, and an insurer may point to that possibility to reduce what it pays.

A pre-existing injury does not end a claim. Missouri courts have long held that a negligent party is generally liable for aggravating a pre-existing condition, so the question becomes what the accident added. Medical records with no prior back or neck complaints, symptoms that began soon after the accident, and a doctor’s opinion on cause can all help answer it.

What Is a Herniated Disc Claim Worth?

No single number fits every case, though the value of a personal injury claim generally tracks the losses it can prove. For a herniated disc, the amount depends on factors such as:

• Medical costs: Bills for every stage of care, plus expected future treatment.
• Lost income: Missed work, plus any lasting effect on the ability to earn.
• Pain and daily limits: Records and your own account of how the injury affects lifting, sleeping, and work.
• Shared fault: Missouri’s pure comparative fault rule reduces an award by the injured person’s share of fault, while Section 60-258a of the Kansas Statutes allows recovery only when that share is less than the other party’s.

For example, a person awarded $100,000 who is found 60% at fault would still recover $40,000 in Missouri but nothing in Kansas.

Legal Help for Herniated Discs After an Accident

A herniated disc can make work, sleep, and everyday movement painful, and dealing with an insurer while you recover adds to the strain.

Bring your medical records and the details of the accident to a free consultation with Wendt Law Firm, and we will explain your options for herniated discs caused by someone else’s negligence, including how to answer a pre-existing condition argument. Call (816) 531-4415 or contact us today to schedule it.