Spinal Injury Claims

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Spinal injury claims

Spine claims are contested more often than almost any other injury category, because degenerative change is common in adults and a defense physician can nearly always point to something on imaging that predates the incident. The claim is not that the spine was perfect before. It is that the incident changed it. Law Offices Of SRIS, P.C. handles spinal injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

Pre-existing condition is not the end of the claim

An injured person is generally taken as found. A degenerated disc that was asymptomatic before an incident and symptomatic after it can support a claim for aggravation, and the presence of age-related change on imaging does not by itself defeat causation. What it does is shift the burden of explanation onto the medical record, which is why prior records matter as much as current ones.

What the record needs to show

The functional baseline before the incident — work history, activity level, prior complaints or their documented absence, prior imaging if any. The mechanism and the immediate aftermath. The treatment sequence: conservative care, injections, and where indicated surgical consultation. And a treating physician willing to address causation directly, because a chart documenting treatment without ever addressing cause leaves the central question unanswered.

Surgical and non-surgical claims

Surgery is not required for a serious spine claim, and it is not a shortcut. Many people are managed without an operation for years and live with real and permanent limitation. Conversely a fusion or discectomy establishes severity but introduces its own disputes about necessity and future care. Either path requires the same thing: a consistent record connecting the incident to the condition being treated.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Pages in this section

This section covers herniated and bulging discs, cervical and lumbar fusion, cauda equina syndrome, spinal cord injury, radiculopathy, facet injury, epidural steroid injections and related topics.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.


Last reviewed: August 22, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

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Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.