In The News

Current Articles | Archives | Search

Monday, March 28, 2011

PERSONAL INJURY CASE SETTLED FAVORABLY FOR NICHOLS LAW FIRM CLIENT WITH DEGENERATIVE DISC DISEASE

By Michael Nichols

Attorney Wendy Schiller-Nichols recently settled a case involving an automobile accident resulting in personal injuries.  Ms. Schiller-Nichols’ client sustained a ruptured disc in her lower back (L4-5 lumbar) and required surgery.  Despite the neurosurgeon’s testimony that the client had pre-existing degenerative disc disease, Ms. Schiller-Nichols was able to obtain an excellent settlement for her client.    The neurosurgeon testified that people can rupture a disc simply by rolling over in bed or even bending over to pick up something from the floor.  The insurance company was very aggressive in this case and one of their theories was that Ms. Schiller-Nichols’ client had pre-existing degenerative disc disease and that it was just a “condition waiting to happen.”  These types of cases (lower back injuries) are difficult cases to win, says Ms. Schiller-Nichols.  The reason they are so difficult is because it is medically documented that degenerative disc disease is a natural part of aging and over time all people will exhibit changes in their discs consistent with a greater or lesser degree of degeneration (regardless if they smoke or not).  So, if you have a client with a back injury, chances are they have degenerative disc disease.  It was the theory in this case that smoking was a significant contributing factor.  Although a pre-existing injury is a factor in cases such as these, the client should not be excluded in recovery solely because she has a pre-existing condition.  The jury instructions and law allow recovery for the aggravation of pre-existing conditions in a personal injury auto accident.  If you are faced with a difficult case, you can call Wendy Schiller-Nichols and she will help evaluate your case and determine if you should pursue a lawsuit against the at-fault driver.