Back injury attorneys · Serving all of California
California Back Injury Attorney
A back injury can take your work, your sleep and years of your life. Our founding attorney trained spine surgeons in the operating room before he practiced law. We read your MRI and surgical records closely, build the full cost of your future care into the claim and offer a free case review.
- 5.0 from 53 Google reviews
- Free case review
- Talk directly with an attorney
- Phones answered 24/7
Free back injury case review
Tell us what happened. It takes about 30 seconds, and an attorney reviews every request.
Key Takeaways
- Back injuries range from a strain that heals in days to a disc injury that needs surgery. The records your doctors create decide how an insurer values the claim.
- An MRI usually shows disc and nerve injuries far better than an X-ray. Gaps in treatment are the first thing insurers point to.
- A pre-existing or "degenerative" back does not bar a claim. California law covers injuries that make an existing condition worse.
- Future care, such as more injections, a second surgery or work limits, must be documented before you settle.
- Most California injury lawsuits must be filed within two years. Claims against a public entity usually have a six-month deadline.
- Steven D. Green trained surgeons on microdiscectomy, lumbar fusion, disc replacement and minimally invasive spine surgery before law school.
Common back injuries after an accident
Back injuries are grouped by the part of the spine involved: the cervical spine in the neck, the thoracic spine in the upper back and the lumbar spine in the lower back. Common injuries include muscle and ligament strains, herniated or bulging discs, pinched nerves and vertebral fractures. Even a low-speed crash can cause one.
Every section of the spine has vertebrae cushioned by discs, held together by ligaments and muscles, with nerves running throughout. The lumbar spine carries the most weight, so lower back injuries can make standing and walking hard.
- Lumbar injuries. The lower back is the most common site of disc injury. Pain can travel down a leg when a disc presses on a nerve root, which doctors often call sciatica or radiculopathy.
- Thoracic injuries. The upper back connects to the ribs. It is more rigid, so injuries here often involve real force and may include fractures.
- Cervical injuries. Neck injuries have their own patterns. See our California neck injury lawyer page for whiplash and cervical disc injuries.
Herniated and bulging discs
A herniated disc, sometimes called a ruptured or slipped disc, happens when the soft inner material of a disc pushes through its outer wall. When it presses on a nerve, it can cause sharp pain, numbness or weakness. Many people improve with conservative care. Others need surgery to remove part of the disc, or to remove the disc and fuse the vertebrae.
Fractures and spinal cord involvement
Compression and burst fractures can follow falls and high-speed crashes. When bone or disc material injures the spinal cord itself, the case changes entirely. Our California spinal cord injury lawyer page explains those claims.
How back injuries are diagnosed
Doctors start with an exam and history, then order imaging. X-rays show bone and alignment. An MRI shows discs, nerves and soft tissue. A CT scan gives detailed views of bone. Nerve studies such as EMG can test whether a nerve is being damaged. Each test creates evidence for your claim.
This is general information about how these injuries are usually documented. It is not medical advice. Your doctors decide which tests you need.
| Test | What it shows | Why it matters to a claim |
|---|---|---|
| X-ray | Bone, fractures, alignment | Often normal with disc injuries, which insurers misuse |
| MRI | Discs, nerves, ligaments, soft tissue | The main evidence of a herniation or nerve compression |
| CT scan | Detailed bone anatomy | Fracture detail and surgical planning |
| EMG / nerve conduction | How nerves and muscles are working | Links leg or arm symptoms to a specific nerve |
Pain that starts a day or two after a crash is common. A same-week visit ties your symptoms to the accident. Tell every provider exactly where it hurts and when it started.
Back surgery and what it means for your claim
Most back injuries are treated first with physical therapy, medication and sometimes injections. When those do not work, surgeons may recommend a microdiscectomy, laminectomy, spinal fusion or disc replacement. Surgery adds cost, recovery time and future risk, and each of those belongs in the claim.
- Microdiscectomy. The surgeon removes the part of a herniated disc pressing on a nerve, usually through a small incision.
- Laminectomy. The surgeon removes part of the bone at the back of a vertebra to make room for compressed nerves.
- Spinal fusion. Two or more vertebrae are joined with bone graft and hardware. Lumbar fusions can be done from the front, side or back.
- Disc replacement. A damaged disc is removed and replaced with an artificial one that is designed to keep motion at that level.
- Minimally invasive spine surgery. Smaller incisions and specialized tools, often with a shorter hospital stay.
A surgical recommendation often changes how an insurer values a case. So does the operative report. It records what the surgeon actually saw, which can confirm the injury on imaging and answer a defense claim that the problem was old.
Why medical records and future care drive claim value
A back injury claim is only as strong as its records. Insurers value what is written down: the diagnosis, consistent treatment, imaging findings and what your doctors say you will need later. Future care, lost earning capacity and permanent limits are often the largest part of a serious back injury claim.
The long-term costs of a back injury can be very high. Some people need years of pain management or a second surgery. Some cannot go back to heavy work. If those needs are not documented before you settle, they are usually lost, because a signed release ends the claim.
What you can claim
- Medical expenses, past and future. For past bills, California limits recovery to the amounts actually paid or incurred (Howell v. Hamilton Meats, 2011). Future care is usually shown through your doctors and, in larger cases, a life care plan.
- Lost wages and earning capacity. Time off work, and reduced future earnings if you cannot return to the same job.
- Pain, suffering and lost enjoyment of life. Sleep, family life, exercise and work you can no longer do.
If you were partly at fault, California's pure comparative fault rule reduces your award by your share. It does not bar it (Li v. Yellow Cab Co., 1975).
How insurers fight back injury claims
Insurers use a short list of arguments against back injuries: the damage is degenerative and was there before, it is only a soft tissue strain, there was a gap in treatment, or the crash was too minor to hurt anyone. Each can be answered with the right records and the right questions.
"It's degenerative"
Many adults have some disc wear on an MRI, with no pain at all. Insurers point to that wear and say the crash changed nothing. California law answers that argument directly. A person cannot recover for a condition they already had, but must be compensated when the defendant's conduct made it worse (CACI No. 3927). We compare earlier imaging and records with what came after, and ask your doctors to explain the difference.
"It's just soft tissue"
Strains and sprains are real injuries, and some disc injuries are first labeled as strains before an MRI is done. When symptoms such as leg pain or numbness continue, follow-up imaging often tells a different story.
Gaps in treatment and low-impact crashes
A gap in care becomes "you must have healed." If you have to pause treatment, tell your doctor why so it is in the chart.
California deadlines for back injury claims
Most California personal injury lawsuits must be filed within two years of the injury CCP 335.1. If a city, county, state agency or transit district is involved, a written claim is usually due within six months Gov. Code 911.2(a). Back injuries suffered at work follow workers' compensation rules instead.
After a public entity rejects a claim in writing, you generally have six months to sue Gov. Code 945.6(a). For a child, the two-year deadline usually doesn't start until age 18. A claim against a government agency is still due within six months CCP 352(b). Use our California Claim Clock to see your dates.
If you hurt your back on the job, read about California workers' compensation. A work injury can also support a separate claim against someone other than your employer, such as a driver who hit your work vehicle.
Back injury cases across California
We handle back injury cases in all 58 California counties from our San Diego office at 4275 Executive Square. Clients across the state work with us by phone and video, and we travel when a case calls for it. Your first call is free.
Back injuries come from car accidents, truck accidents, motorcycle crashes, slip and falls and work. Find your area in our California county list, or see our San Diego personal injury lawyer page.
Reviewed by Steven D. Green, Esq. · Updated October 12, 2026
Client reviews
What clients say about working with Steven
“Steven has extensive knowledge in his field which made the process easier for me and less stressful.”
“Steve and his team were always available, handled all insurance details and my questions always with complete professionalism.”
“Steven is competent and responsive and, most importantly, trustworthy.”
Testimonials and reviews do not guarantee, warrant or predict the outcome of any legal matter.
Questions
California back injury questions, answered
What percentage does an injury attorney take?
Ask any injury lawyer how fees and case costs work before you sign. California requires a contingency fee agreement to be in writing and to state that the fee is negotiable (Business and Professions Code section 6147). Green Law Group explains its written fee agreement, including costs, during your free case review.
Is personal injury protection required in California?
No. California is an at-fault state, so the driver who caused the crash and that driver's liability insurer pay for your injuries. Drivers must carry liability coverage of at least $30,000 per person and $60,000 per accident on policies issued or renewed since January 1, 2025. Optional medical payments coverage and uninsured motorist coverage on your own policy can also help with a back injury.
How much of a 50k or 200k settlement will I get?
Your share depends on three deductions: the attorney fee in your written agreement, case costs such as records and expert fees, and medical bills or liens that must be repaid from the settlement, such as health plan or Medi-Cal reimbursement claims. The larger the settlement, the more each of those numbers matters. Liens can often be negotiated down, and a good settlement statement shows every deduction line by line before you sign.
Do injections increase your settlement?
An injection does not add a set amount to a claim. Epidural steroid injections and similar procedures can show that a doctor found a real, ongoing source of pain that did not respond to conservative care. That record, and the cost of the procedure, can support claim value. Treatment decisions belong to you and your doctor, never to a legal strategy.
Can I still recover if I had back problems before the accident?
Yes. California juries are instructed that a person cannot recover for a condition they already had, but must be compensated when the defendant's conduct made that condition worse (CACI No. 3927). Earlier imaging and records help show what changed. Insurers often call an injury degenerative, so we compare before and after records closely.
How long do I have to file a back injury claim in California?
Most California personal injury lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). If a city, county, state agency or other public entity is involved, a written claim is usually due within six months (Government Code section 911.2). Work injuries follow separate workers' compensation deadlines.
Hurt your back in an accident? Talk to an attorney today.
Free case review. Phones answered 24 hours a day.