Back & Spinal Disc Injuries
Michigan Back & Spinal Disc Injury Claims
Back and spinal disc injuries are among the most common and costly personal injuries. Herniated discs, bulging discs, degenerative disc disease, and spinal stenosis cause severe pain, loss of function, and require extensive medical treatment. Michigan law allows recovery for both immediate medical costs and long-term care necessitated by disc injuries.
Koussan Law represents victims of back and disc injuries. We document ongoing treatment needs, work with spine specialists, and maximize compensation for both acute injuries and degenerative conditions.
Frequently Asked Questions
Q: What types of back and spinal disc injuries are compensable in Michigan?
Under MCL § 600.2950, compensable injuries include herniated discs, bulging discs, disc extrusions, annular tears, spinal stenosis, and degenerative disc disease caused by negligence. Both acute traumatic injuries and injuries that accelerate pre-existing conditions are compensable. The key is establishing causation between the incident and the injury.
Q: Can I recover for a pre-existing back condition that was aggravated by an accident?
Yes. Under Michigan's "eggshell plaintiff" doctrine, you can recover damages for aggravation of pre-existing conditions. If the accident worsened your back condition, accelerated its progression, or required additional treatment, you can recover for that worsening. Medical evidence showing the acceleration is critical.
Q: What is the statute of limitations for back and disc injury claims in Michigan?
Under MCL § 600.5805, the statute of limitations is three years from the date of injury. For degenerative conditions that worsen over time, MCL § 600.5851's discovery rule may extend deadlines beyond three years from the incident if the full extent of harm wasn't immediately apparent.
Q: How much will I recover for a herniated disc or spinal injury?
Back and disc injury compensation depends on severity, whether surgery is needed, duration of treatment, lost wages, and permanence of injury. Non-surgical cases may settle for $10,000-$100,000+, while surgical cases often exceed $100,000. Fusion surgery cases regularly reach $250,000-$1,000,000+ depending on long-term disability.
Q: What medical evidence is needed for a back/disc injury claim?
Critical evidence includes MRI or CT scans showing the disc injury, medical records documenting diagnosis and treatment, physical therapy records, specialist reports from spine surgeons or physiatrists, documentation of ongoing pain and functional limitations, work loss records, and expert testimony. Imaging confirming structural damage is essential to establish compensable injury.
