Attorney Burnside has tried several of these types of cases to juries. But these cases are not easy and remain some of the toughest cases to prove because of several of the factors the opposing sides use to Proving a permanent disk herniation case rests in proving the following underlying issues:
- Liability – we must first prove that the other party is fully at-fault;
- Mechanism of Injury – we must prove how the disk herniation occurred. Was it a whiplash-type motion of the neck, or was there a significant “jolt” of the mid or low back that caused the force necessary for these types of injuries?
- Absence of Prior Issues versus - if a client has had no prior vertebral pain or documented injury from to the car accident, or other event that caused their injury, it becomes a matter of common knowledge that if it wasn’t there before, and was after a trauma, that is it related to the trauma. This is usually an easier argument than that of establishing an aggravation of a preexisting injury.
- Establishing that there was an “Aggravation” – when the opposing side argues that my clients who have had preexisting structural issues in the spine (also referred to as “eggshell plaintiffs”), it can be a dagger in a client’s case if not treated properly. Many people think that if they had a pre-existing spinal issue that juries will automatically believe that the new – or worse – herniation was there all along. That is not true. On the other hand, the law recognizes that people are more susceptible to receiving a disk herniation if they previously had damage that would predispose them to further injury. Sometimes proving a disk injury when there are preexisting problems is easier to establish in court as the argument can be made that the new traumatic event “was the stick that broke the camel’s back.”
- Compare the following that sometimes is argued in court: When you sprain your ankle, everyone knows you are more susceptible to another injury to that same ankle. The damage to the ligaments is a similar type of damage to that that surround and make up the spine. Once damaged, they tend to never go back to the way they were.
Law Offices of Jeremy Burnside has offices in Scioto County, OH and Lawrence County, OH. We serve clients throughout Ohio and Kentucky in the following areas:
Ohio Cities: Portsmouth, Lucasville, Ironton, Wheelersburg, Piketon, Gallipolis, South Point, Chillicothe, Cleveland, Columbus and Elyria.
Kentucky Counties: Lewis County, Boyd County, Pike County, Greenup County, Fleming County, Martin County and Carter County.