Automobile accidents are a leading cause of personal injury in New Jersey, often resulting in a wide spectrum of trauma, from mild whiplash to severe spinal cord damage. Among the most serious and life-altering consequences of a car crash is a spinal injury that may ultimately require spinal surgery. For accident victims, understanding the implications of spinal surgery, the different types available, and how it affects a personal injury case can be critical for recovery – both physically and financially.
The Anatomy of the Spine and Common Injuries from Auto Accidents
The spine is a complex structure made up of vertebrae, discs, nerves, and soft tissue. It supports the body’s weight, allows for movement, and protects the spinal cord. In the aftermath of a high-impact event like a car accident, this intricate system is particularly vulnerable.
Common spinal injuries resulting from auto collisions include:
• Bulging discs – When the outer layer of the disc bulges outward. It can look like a hamburger that is too big for its bun. But typically, a bulging disc doesn’t affect the entire disc. A portion will bulge out and if it presses against a nerve, it can cause pain.
• Herniated discs – when the tough outer layer of the disc brakes, ruptures, or tears and the inner gelatinous nucleus extrudes out. These can be particularly painful, particularly if they press upon a spinal nerve root.
• Fractured vertebrae – Breaks in the bones of the spine, which can be stable or unstable.
• Spinal stenosis – Narrowing of the spinal canal that puts pressure on the spinal cord and nerves.
• Spondylolisthesis – A condition where one vertebra slips over another.
• Spinal cord injuries (SCIs) – Damage to the spinal cord itself, potentially leading to partial or complete paralysis.
While some of these conditions can be managed with conservative treatments like chiropractic care, physical therapy, and/or pain management, others require surgical intervention when neurological symptoms persist or pain becomes debilitating.
Types of Spinal Surgery
Spinal surgery is typically considered when non-surgical treatments fail to provide relief or when there is significant structural damage or nerve compression. Here are the most common types of spinal surgery used in post-accident cases:
1. Discectomy
Discectomy, microdiscectomy, and percutaneous discectomy are minimally invasive procedures that involve the removal of a portion of a herniated or bulging disc that is pressing on a spinal nerve. These minimally invasive surgeries often lead to faster recovery.
2. Laminectomy
This procedure removes the lamina, a part of the vertebra that covers the spinal canal. It is typically used to relieve pressure on the spinal cord or nerves, commonly associated with spinal stenosis.
3. Spinal Fusion
Spinal fusion permanently connects two or more vertebrae, eliminating motion between them. It is used to stabilize the spine after a fracture, to correct deformities, or to alleviate pain from degenerative disc disease or spondylolisthesis. Bone grafts, screws, and rods are often used to support the fusion.
4. Vertebroplasty and Kyphoplasty
These are minimally invasive procedures to treat spinal compression fractures. Vertebroplasty involves injecting bone cement into the fractured vertebra. Kyphoplasty adds a step where a balloon is inflated to restore vertebral height before cement injection.
5. Artificial Disc Replacement
Instead of fusing vertebrae, this procedure replaces a damaged disc with an artificial one. It’s less common but increasingly used in select cases to preserve motion in the spine.
The Role of Spinal Surgery in New Jersey Personal Injury Cases
In New Jersey, personal injury law allows victims of car accidents caused by someone else’s negligence to pursue compensation for medical expenses, lost wages, and pain and suffering. When spinal surgery enters the equation, the stakes in a personal injury case are significantly heightened. Here’s how:
Establishing Serious Injury
Under New Jersey’s “verbal threshold” or “limitation on lawsuit” provision, a person injured in a car accident must demonstrate a “serious injury” to pursue non-economic damages (like pain and suffering). Spinal surgery often satisfies this threshold. The mere recommendation for surgery, even if not yet performed, can qualify as evidence of the seriousness of the injury.
📌 Case Example: DiProspero v. Penn (2005)
In this landmark New Jersey Supreme Court case, the court clarified that injuries need not be “serious” by a subjective standard but must meet the specific categories outlined in the law. If a plaintiff underwent spinal fusion or discectomy as a result of a car crash, that evidence may clearly place the injury into a qualifying category – especially if the surgery resulted in a permanent limitation of use.
Proving Causation and Overcoming Insurance Defenses
One major hurdle in spinal injury cases is proving causation—that the surgery was necessitated by the accident and not by a pre-existing condition. New Jersey law permits recovery for aggravation of pre-existing conditions, but the burden is on the plaintiff to prove it.
📌 Case Example: Polk v. Daconceicao (App. Div. 2021)
In this case, the plaintiff had a history of back problems but experienced worsening pain and numbness after a rear-end collision. She underwent lumbar discectomy and fusion. Defense argued that her condition was degenerative, not traumatic. However, her treating neurosurgeon testified the accident accelerated the need for surgery. The jury found in her favor, awarding damages over $400,000.
Damages and Settlement Potential
Spinal surgery increases both economic and non-economic damages:
• Economic: Medical bills, surgical costs, rehab, lost income.
• Non-Economic: Pain and suffering, emotional distress, loss of enjoyment of life.
📌 Case Example: Johnson v. ABC Trucking Co. (Middlesex County, 2019)
A 42-year-old HVAC technician was hit by a delivery truck and sustained two lumbar disc herniations. After conservative treatment failed, he underwent spinal fusion. The defense argued his work was physically demanding and the injury might be work-related. Plaintiff’s attorney presented job records, clean prior MRIs, and expert orthopedic testimony. The case settled mid-trial for $975,000, largely driven by the surgical intervention and impact on future earning capacity.
Medical Documentation and Causation
Detailed medical records become crucial. Personal injury attorneys rely on orthopedic surgeons, neurosurgeons, and spinal specialists to document the injury, treatment recommendations, and prognosis. Proving that the need for spinal surgery is directly related to the auto accident (and not a pre-existing condition) is vital. Imaging studies (like MRIs or CT scans), surgical reports, and expert testimony play an essential role here.
Impact on Damages
Spinal surgery typically results in higher damages due to:
• Increased medical costs – Surgical expenses, hospital stays, rehabilitation, and follow-up care add up quickly.
• Lost earning capacity – Recovery from surgery can mean extended time away from work or even permanent disability.
• Pain and suffering – The invasive nature of surgery and its long-term consequences can significantly affect quality of life.
Insurance companies often contest spinal surgery claims due to their high cost. They may argue that the procedure is elective or unrelated to the accident. This is where a skilled New Jersey personal injury attorney makes a difference – by marshaling medical evidence and expert opinions to counter these defenses.
Time Limits and Legal Considerations
In New Jersey, there is a two-year statute of limitations for personal injury claims stemming from auto accidents. That means an injured person has two years from the date of the accident to file a lawsuit. However, if spinal surgery becomes necessary several months or even a year after the accident, the legal claim must still be filed within that window—or the right to compensation may be lost. This makes early legal consultation vital.
Victims must also be aware of the insurance policy limitations under New Jersey’s no-fault system, including Personal Injury Protection (PIP) coverage. While PIP will cover initial medical costs, it may not be enough to cover surgical expenses, particularly if out-of-network surgeons or specialists are involved. Coordination of benefits and potential reimbursement claims from insurers can complicate matters further.
Conclusion
Spinal surgery is a serious and often life-changing procedure—physically, emotionally, and financially. For individuals injured in auto accidents in New Jersey, understanding the role of spinal surgery in a personal injury case is critical. It not only influences the legal strategy but also affects the scope of available compensation. Whether you’re dealing with a fusion, laminectomy, or discectomy, your legal claim is strongly impacted by the presence and extent of surgery.
If you or a loved one has suffered a spinal injury in a New Jersey car accident and are facing surgery, consulting both a qualified medical professional and an experienced personal injury attorney is essential. A thorough legal and medical approach ensures that you receive the treatment you need, and the compensation you deserve.
