Railroad Injuries: Spine Injuries
Additional Information
On-Duty Railroad Injury: What To Do First
Do I Have to Give a Statement to Railroad Claims?
Seven Steps To Do After An On-Duty Railroad Injury
Do I Have to See the Railroad Company Doctor?
Avoiding Personal Injury Report Pitfalls
Paying Medical Bills After an On-Duty Railroad Injury
How Long Do I Have to Claim an On-Duty Railroad Injury?
Am I Covered Under State Workers Comp?
Hiring a Railroad Attorney
If you or a loved one suffered a railroad spine injury, it is important to seek the proper medical treatment immediately. Many times, when an engineer is in a train wreck, he/she may suffer a spine or disc injury and not be aware of it. The same is true for people in auto accidents. The spine, spinal cord, and nerves are a complicated system.
We work very closely with our clients’ doctors including neurosurgeons, orthopedic spine surgeons, and pain management doctors to make sure that our clients are getting the best possible medical care available – both diagnostic and therapeutic care.
In doing so, our attorneys have spent countless hours studying medicine and in particular, the spine. Not only did we study pre-medicine courses in our undergraduate courses, we have also audited anatomy and physiology courses to learn the medicine better for our clients and their cases.
When working with our clients’ medical providers, we meet with them not only to understand our clients’ injuries, but also to discern what treatment is being recommended and how are clients are recovering.
ANATOMY OF THE SPINE
The cervical spine, levels C1-C7, comprises the neck. The thoracic spine, levels T1-T12, comprises the upper to mid-back. The lumbar spine levels L1-L5 and sacrum level S1 comprise the lower back.
The vertebral discs separate the vertebral bones between the vertebral bodies in the spine, allowing the spine to flex and bend.
Generally speaking, when someone suffers an injury to the neck or back, it may be unclear where the exact pain generator is located. Most doctors will agree that medicine is both an art and a science, and each patient is an individual who will respond differently to medical treatment. That’s why it’s so important to see the best medical doctors who are experienced in treating patients who have been involved in accidents such as yours.
FREQUENTLY ASKED QUESTIONS
What if I had a prior accident, am I precluded from making a claim or a new spinal injury?
Each client’s case is unique and depends on the specific facts of his/her case. We have helped clients who have been in prior accidents and were injured in a subsequent accident. We take great pride in understanding our clients’ entire medical history, which is essential to show the actual cause of our client’s injuries. Even though you may have been in a prior accident and had prior neck or back pain, that does not necessarily mean you will be unable to claim for your recent accident or workplace injury.
My doctor says my condition is degenerative. Does that mean I do not have a case?
Degeneration of the spine is a normal condition that nearly all Americans experience. However, most people with degenerative conditions may not have pain symptoms their entire lives. Suppose you have never undergone an x-ray or an MRI before an accident or a workplace injury. In that case, your degenerative condition likely became symptomatic because of the accident.
In Louisiana, accident victims are afforded the Housley Presumption, which provides that the defendant is responsible for any injuries to an individual following an accident if that individual does not have any medical history of those specific pains and symptoms.
Additionally, in Louisiana, individuals benefit from the “Eggshell” victim theory, which provides that a person or a company takes the victim as he/she finds her. For example, if you’re standing in the middle of the street and someone pushes you – you step forward. The person who pushed you is responsible for you stepping forward. However, take that same scenario, and if you were standing on the edge of a cliff and a person pushed you – you fall off that cliff and may be seriously hurt. The person who pushed you is responsible for all injuries you suffered from falling off that cliff. This is the “Eggshell” victim theory by way of example.
What causes symptoms to radiate to my extremities?
In the medical field, most doctors agree that a “soft tissue” injury will resolve within 3-6 months from the date of the accident or injury. If more than six months have passed since your injury, and you still have pain such as burning, numbness, or tingling in your arms or legs, you may have a spinal injury other than just a simple muscle strain.
There are many spine injuries, such as bulging, herniated disc degeneration, and nerve root impingement. A disc injury, such as a bulge or herniation, may impinge on a nerve root or cause nerve root irritation. It is essential to identify this pain generator not only for your health but also for your case.
The radiating symptoms are explained using a dermatome guide. A dermatome is a pathway that a specific nerve follows after exiting the spine. The specific nerve innervates (supplies motor function and sensory response) to a particular part of the body. The dermatome is the area of the body that the specific nerve innervates. By determining where the body’s painful symptoms are located, the doctor or surgeon can identify a dermatome and, therefore, a particular nerve root exiting the spine as a potential source of the pain. The following is an illustration of the human body overlaid with a map of the dermatomes. There is considerable overlap between adjacent dermatomes, so a defect at C5-6 may cause pain in a C4, C5, C6, and C7 distribution.
Spinal injuries can be very confusing, complicated, and scary. You must speak with an experienced trial attorney who has worked with neurosurgeons, orthopedic spine surgeons, neurologists, and trauma doctors to properly evaluate your claim and protect your rights for your spine injury.
We have successfully represented clients with these different types of spine injuries. It is essential that your trial attorney is experienced with this complex medicine and can work with your doctors to understand the exact cause of your injuries. Suppose you’re experiencing radiating symptoms such as burning, numbness, or tingling in your extremities such as your arms, hands, fingers, legs, and feet. In that case, you must talk to your doctor immediately about the cause of those symptoms.
Feel free to call us to discuss your legal and medical issues. We hope you will look to us for help when needed. We are excited to serve you.
To learn more about clients we have helped, please click here.
GET GUIDANCE AFTER A SPINE INJURY
If you or a loved one has suffered a railroad spine injury, we welcome the opportunity to speak with you and help you and your family through these difficult circumstances. Claims for your loss may be available under FELA (Federal Employers’ Liability Act). Please get in touch with our office or send us a live chat message to contact one of our FELA railroad trial attorneys. Our consultations and case reviews are FREE with no obligation to you or your family, so please give us a ring!
