ABA Medical-Legal Guides: The Spine for Lawyers

Injuries involving the spine are the most common compensation claims in the United States. Statistically, problems with the lower back are the second leading cause of missed time from work and one of the leading reasons people visit orthopedic and neurosurgeons. And sprains and strains of the neck are the most frequently reported problem made to insurance companies. Eighty percent of people will suffer from back pain during their lifetime that is unrelated to trauma, and multiple studies demonstrate that these injuries often resolve themselves within three months of the incident it is not hard to understand why injuries to the spine are so controversial and turn on questions of credibility. The problem, however, is much more complicated. No diagnostic test can verify a soft tissue injury, nor can it show a picture of pain. While an MRI can demonstrate a herniated disc and other structural abnormalities, it is difficult to age" the finding, and relating it to an incident of trauma is a matter of opinion and not fact.
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