Herniated and bulging discs
Disc injuries generate more argument than any other finding in injury law, for one reason: normal, painless adults walk around with disc degeneration on MRI all the time. The insurer knows that, and will say your MRI shows age rather than trauma.
What the words mean
| Bulge | The disc extends beyond its normal margin broadly, around more than a quarter of its circumference. Extremely common and frequently asymptomatic. |
|---|---|
| Protrusion | A focal displacement where the base is wider than the displaced material. |
| Extrusion | The displaced material is wider than its base — the disc material has pushed through the outer ring. More likely to be symptomatic. |
| Sequestration | A fragment has separated entirely from the disc. |
| Annular tear / fissure | A tear in the outer ring. Can be a significant pain generator in its own right and is often argued about. |
Radiculopathy — pain, numbness, tingling or weakness traveling down an arm or leg in a nerve root pattern — is the clinically important finding. Imaging that matches the symptom distribution is a far stronger case than imaging alone.
The degeneration argument, and how it is answered
The insurer's position will be that your MRI shows pre-existing degenerative change, present long before the crash. Frequently there is some truth in it. That does not mean the claim fails.
California follows the eggshell plaintiff principle: a defendant takes the victim as they find them. Aggravating a pre-existing condition is compensable. Someone who had a quiet degenerative disc for a decade and now has radicular pain down their leg has a real injury, and the question is what the trauma changed.
- The before-and-after record. Prior imaging is an asset, not a liability — a scan from four years ago showing a stable disc and no radiculopathy is extremely useful.
- Acute versus chronic features on imaging, which a radiologist can distinguish: disc hydration, marrow signal change, the appearance of an extrusion.
- Symptom onset timing. No leg pain before, leg pain immediately after, documented from day one.
- Function. A work history with no missed days, then absence and restrictions.
Treatment, and what it signals
- First 6–12 weeks
Conservative care
Physical therapy, anti-inflammatories, activity modification. Most disc injuries improve here, and insurers treat a claim that resolves at this stage as a modest one.
- If symptoms persist
Imaging and specialist review
MRI, and referral to a spine specialist or physiatrist. Electrodiagnostic studies may be used to confirm nerve involvement objectively.
- Months 2–6
Injections
Epidural steroid injections, both therapeutic and diagnostic — a good response to a targeted injection helps confirm the level causing the pain.
- If it comes to it
Surgery
Microdiscectomy, laminectomy, or fusion in defined cases. A recommendation for surgery changes the value of a claim substantially, and so does declining one — be aware that refusing recommended surgery will be argued against you.
Questions people ask
The insurer says my MRI just shows degeneration.
That argument is made in almost every disc case and frequently has some truth in it, because asymptomatic degenerative change is extremely common in healthy adults. It does not end the claim. California holds a defendant responsible for aggravating a pre-existing condition, so the question is what changed after the incident — in symptoms, in function, and sometimes on imaging.
I had back pain before the crash. Does that destroy my case?
No, but concealing it would. Disclose it immediately. A documented baseline of occasional backache with no leg symptoms, followed by radiating leg pain and missed work, is a clear picture of aggravation. The same facts discovered by the defense in your old records look like dishonesty.
Is a bulging disc less serious than a herniated one?
Usually, and not always. The terms describe shape and extent on imaging, not pain. What matters clinically is whether the disc is pressing on a nerve root and whether your symptoms match that level. A small protrusion in the wrong place can hurt more than a large bulge in the right one.
My doctor recommended surgery. Do I have to have it?
Nobody can compel you, and it is your decision with your doctor. Be aware that declining recommended treatment will be raised as a failure to mitigate, and that a documented recommendation for future surgery is itself a recoverable future cost even if you have not yet had it.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
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