DELVENTHAL LAW
BACK AND NECK INJURIES
At Delventhal Law Office, we understand how difficult it can be to recover from a neck or back injury following an accident. Our team has worked closely for years to get our clients the compensation they deserve when their injuries are the fault of someone else.
Some back or neck injuries are minor and can respond to conservative treatment after a few weeks. Other injuries, however, are life changing. If you have been injured in an accident, please contact a Fort Wayne back and neck injury lawyer today to schedule a consultation.
COMMON INJURIES
In many types of accidents, the traumatic impact can damage the neck and back. Some of the more common injuries include:
- Whiplash and other soft-tissue neck injuries in workplace car accidents
- Compressed nerves[1]
- Back sprain or strain
- Herniated discs in the back
- Broken neck
- Fractures in the back, including lumbar fracture
- Spinal cord injury, which can result in paraplegia or quadriplegia
In some cases, it is not unusual for accident victims to feel “okay” following a workplace accident, such as a car crash or slip and fall. It might be a day or two before they start to recognize stiffness and pain in their neck or back, which quickly degenerates. At that point, they should immediately go to the hospital to have a doctor look at them. Different diagnostic tests can include X-rays and MRIs which might identify the problem before it becomes too serious.
RECOVERY
Our clients are anxious to recover as soon as possible so they can return to their normal lives. Many are in so much pain they cannot work, which is costing them much-needed income.
Recovery from a neck or back injury depends on the particular injury and its severity. Mild whiplash might clear in a month or so with painkillers and massage to introduce movement again. More serious whiplash could cause problems for 6 months or longer.
If you need surgery to treat your condition, then you could also develop complications. Surgery often requires extensive recovery time, which can become harder as we age.
If you have a spinal cord injury, then there is a good chance that the injury is permanent. Rehabilitation and surgery can help some people recover movement and sensation, if the spinal cord was only minimally damaged. However, a full sever of the spinal cord will result in paralysis below the point of injury.
WORKERS’ COMPENSATION FOR YOUR BACK & NECK INJURY
At the Delventhal Law Office, we strive to obtain full compensation for our clients after an accident. To be sure, in order to receive the compensation to which you are entitled, it is imperative that you report your workplace injury as soon as possible. Failure to do so could prevent you from recovering the compensation that you deserve.
To determine how much you might qualify to receive, please meet with an attorney at Delventhal Law Office today. Our team of Fort Wayne back and neck injury lawyers have settled many cases on behalf of our clients, and we are eager to assist you in your quest for fair compensation.
The Indiana law that applies to your back and neck injury case
Indiana's two-year personal-injury statute of limitations at IC 34-11-2-4[2] controls Fort Wayne back and neck injury claims arising from rear-end and high-speed crashes, falls, and workplace lifting incidents. The 51% modified comparative-fault rule at IC 34-51-2-6[3] bars recovery if the injured worker is found more than half at fault. Workers' compensation lumbar and cervical claims run under Indiana Workers' Compensation Board rules, and serious crash-related spine cases also support a third-party negligence claim under Indiana auto-liability law.
How insurance carriers fight Fort Wayne back and neck injury claims
Back and neck injury claims face the most coordinated carrier defense in personal-injury litigation because nearly every adult MRI shows some degenerative finding. First is the pre-existing-degeneration argument — defense IMEs cite published MRI studies showing disc desiccation, annular fissures, and facet arthropathy in a high percentage of asymptomatic adults over forty, and argue the entire pain picture is age-related. Second is the imaging-correlation argument: carriers concede the MRI finding but deny it correlates to the symptoms, demanding nerve-conduction studies or surgical findings before accepting causation. Third is the conservative-treatment-suffices argument, where adjusters refuse to fund epidural injections, RFAs, or surgical consultation. Fourth is the chronic-pain skepticism, where IMEs apply Waddell signs and validity scales to discredit pain reports beyond six months. We counter with NIH chronic-pain research at National Institutes of Health[4] and the AAOS clinical resources.
Evidence we preserve in the first 48 hours
Back and neck cases turn on imaging quality, treatment continuity, and the long-tail care plan across the pain-management arc. From the moment we open the file we secure:
- MRI of the cervical, thoracic, or lumbar spine documenting disc herniation, annular tear, foraminal stenosis, or facet pathology — with the radiologist's full impression preserved.
- EMG and nerve-conduction studies when radicular symptoms persist, documenting objective nerve-root involvement that the carrier cannot characterize as subjective.
- Pre-incident spine and primary-care records for the prior decade to neutralize the carrier's pre-existing-degeneration ambush and establish the asymptomatic baseline.
- Treatment-timeline documentation across physical therapy, epidural steroid injections, radiofrequency ablation, and any surgical consultation — gaps are weaponized.
- Crash mechanism evidence — property-damage photographs, EDR downloads, and biomechanical correlation — to defeat minor-impact-soft-tissue carrier defenses.
Damages categories in an Indiana back and neck injury case
Back and neck damages are among the most substantial in personal-injury practice when documented correctly. Economic damages cover ER, primary care, MRI imaging, EMG studies, physical therapy stretching six to twelve months, epidural injections, radiofrequency ablation, surgical consultation, and lost wages during restricted activity. Future damages account for fusion or disc-replacement surgery risk and the documented chronic-pain trajectory captured in National Institutes of Health[4] outcomes research. Non-economic damages cover chronic pain, sleep disruption, restricted activity, loss of enjoyment, and permanent impairment.
What our back and neck injury clients ask most
How much is a Fort Wayne back or neck injury case worth?
Settlement value tracks imaging findings, treatment intensity, and surgical risk. A documented disc herniation with positive radicular EMG, failed conservative treatment, and a recommended cervical fusion regularly supports a high six- to low seven-figure recovery. A strain that resolves within three months of physical therapy without imaging findings settles in the mid five figures. Documentation drives the number.
The carrier says my MRI just shows age-related changes — is that true?
Asymptomatic degenerative findings exist in many adults, but a symptomatic disc herniation documented after a specific traumatic event is causally attributable to that event under Indiana eggshell plaintiff law. New annular tears, acute disc extrusion, and Modic changes on MRI distinguish acute from chronic pathology, and your pre-incident records establish the asymptomatic baseline.
Do I have a case if I had prior back pain or treatment?
Indiana's eggshell plaintiff rule allows full recovery for aggravation of a pre-existing condition. Prior chiropractic visits, prior physical therapy, or even a prior fusion do not defeat the claim. The pre-incident records become evidence of the baseline against which the new injury is measured, and the carrier's surprise-exhibit ambush at deposition is blocked by candid disclosure.
Will I need spine surgery for my back or neck injury?
That decision is made by the spine surgeon based on imaging, radicular findings, response to conservative care, and functional limitation — not by your lawyer or the insurance carrier. AAOS and AANS clinical guidance support surgical evaluation for documented neurologic deficit, intractable pain, or failed structured conservative care across an extended treatment arc.
How long do I have to file a back or neck injury lawsuit in Indiana?
Indiana's general two-year personal-injury statute at IC 34-11-2-4[2] runs from the date of injury for crash and premises claims. Workers' compensation requires employer notice within thirty days. Indiana Tort Claims Act notice against a political subdivision is 180 days, and against a state defendant is 270 days. Carriers routinely slow-walk negotiation past these deadlines.
What happens after you hire us
From the day we open the back or neck file we preserve all imaging, place hospital, pain-management, and surgical records on litigation hold, and notify the carrier in writing that all communications go through this office. We coordinate physical therapy, injection-based pain management, and any surgical consultation, and send a settlement demand once you reach maximum medical improvement after the full conservative or surgical arc. If the offer is inadequate, suit is filed in Allen Superior Court or proper venue. Contingency-fee — no fee unless we recover.
