As an injury lawyer in Atlanta, Georgia, I have represented countless clients who have suffered significant back injuries during car and truck wrecks. More often than not, my clients over the age of 30 have some "degenerative disc disease" or "DDD".
Insurance companies love, absolutely love, to point to DDD as a reason to deny or minimize claims. The argument goes something like this.... "Your client was found to have degenerative disc disease more than 3 years before this wreck, so we shouldn't have to compensate her for the back injuries in this case...they were already there." I used to get frustrated by this sort of argument until I realized that even the insurance adjusters (most of them) don't actually believe this; it is just a negotiation tactic.
Any credible orthopedic surgeon will openly acknowledge that many, if not most, people over the age of 30 or so have some sort of DDD. Degenerative disc disease is part of the normal aging process of the back. DDD is not actually a disease but a reference used to describe normal, expected changes in spinal discs due to the aging process. Spinal discs are soft discs that separate the vertebrae and combine to make the spine. Degenerative disc disease can be seen all over the spine; however, DDD usually occurs in the discs in the lower back and the neck, the areas which "move" the most. What happens is usually a loss of fluid in the discs, making the disc less of a "pad" between vertebrae. While almost everyone is prone to DDD, people who are markedly overweight, smoke, and/or do heavy lifting/labor are more prone to develop the condition.
How does this affect an injury claim or personal injury lawsuit after a car or truck wreck? Insurance companies know that they can usually point to DDD as a "pre-existing condition" in an injured person's back. However, the truth is that a strong majority of people with DDD don't experience any, or only very little, pain as a result of the natural aging process in the back. After a serious car or truck accident, the trauma to the spine, which occurs during the collision, causes additional injury, thus rendering the person symptomatic In plain English--you were fine before the wreck, even with your DDD. The force of the collision pushed your back over the edge, causing substantial pain. For example, prior to the wreck, the person had occasional neck pain. After the wreck, the pain increased, and now a cervical discectomy and fusion is required.
Back injuries are extremely common during auto and truck collision. Even low impact collisions can result in serious injuries (numerous studies have proven this to be true). For example, on study showed that with sudden changes in vehicle speed of less than 5 miles per hour, almost 30% of occupants experienced symptoms of neck or back injury, while a change in speed of over 5 miles per hour resulted in injury to almost 40% of people.
Car bumpers are designed to handle a 5 miles per hour crash with little or no damage. Note that while the government sets this standard, the bumper is designed to prevent damage to the back of the car and not intended to protect the occupants of the car. Often, vehicle damage can be seen in collisions less than 10 miles per hour. If metal is bending at that speed, what do you think is happening to someone's back?
