Herniated disc car accident lawyer Toms River

Almost every adult over a certain age has degenerative change on spinal imaging, much of it entirely asymptomatic. For an older claimant that fact is turned into the whole defense: the scan shows wear, the wear pre-dates the crash, and therefore the collision caused nothing. New Jersey law does not work that way. A defendant takes an injured person as they find them, and worsening an existing condition is compensable. Law Offices Of SRIS, P.C. has practiced since 1997 and Mr. Sris is admitted in New Jersey. Reach our location at (888) 437-7747.

On This Page

What This Injury Is Worth Here

No reliable figure exists before treatment concludes and this firm does not quote one. For an older claimant the range turns less on whether degeneration exists — it almost always does — than on how clearly the record establishes the change. Prior imaging is the most valuable document available, because a comparison showing a new herniation or a worsened finding is far stronger than any argument about symptoms. Alongside it: what the person was doing before the collision, independently and without assistance, compared with afterwards. Loss of independence in later life is a serious consequence and it is proved with specifics rather than described in general terms.

Which Court Your Claim Is Filed In

Civil injury claims are filed in the Superior Court of New Jersey, Law Division, Civil Part, in the vicinage covering Ocean County. Lower-value claims are heard in the Special Civil Part of the same court under a simplified procedure. Where a public entity or a public employee is involved, a Tort Claims Act notice requirement under N.J.S.A. 59:8-8 applies in addition and runs far ahead of the deadline for filing suit. Where aggravation of a pre-existing condition is claimed, the baseline evidence is central and is examined in discovery.

What to Do Before You Talk to the Adjuster

Locate any prior imaging, however old, because a comparison study is the single most useful piece of evidence in a claim of this kind. Be complete about earlier back or neck treatment rather than minimizing it. Have your clinicians document the functional baseline — what you were doing independently before this collision — and the change since. Keep treatment continuous, and where it pauses, have the reason recorded. Decline a recorded statement until you understand the claim.

Frequently Asked Questions

They say my scan just shows my age. Is that right?

It is an argument, not an answer. Degenerative change is present on most adult imaging, frequently in people with no symptoms at all, so its presence proves nothing by itself. The question is whether the collision caused a new herniation or made an existing condition symptomatic, and that is answered by comparison and by the timeline.

Can I recover if I already had spinal problems?

Yes. A defendant takes an injured person as they find them, and aggravation of a pre-existing condition is compensable. The claim is for the worsening rather than for the underlying condition, which means the record has to establish what your function and symptoms were immediately before this collision.

Why does prior imaging matter so much?

Because it turns a dispute into a comparison. Where an earlier study exists, a radiologist can state whether a finding is new, unchanged or worse — which is far more persuasive than competing accounts of pain. It is worth real effort to locate earlier scans, including from other providers and from years ago.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

Degeneration on imaging is expected at any age; what decides the claim is evidence of what changed after this collision. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 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.

Attorney responsible for this advertising: Mr. Sris.