A rear-end collision in East Baton Rouge Parish resulted in a herniated disc requiring lumbar fusion surgery for our client. Despite insurance company claims that the injury was pre-existing, Melancon, Rimes & Daquanno secured a $1.25 million settlement after three years of litigation in the 19th Judicial District Court.
The case centered on proving causation. Defense attorneys argued the client’s low-back pain existed before the accident. Through exhaustive medical record collection spanning 15 years and compelling diagnostic evidence, we demonstrated the direct link between the collision and the need for spinal fusion surgery.
At Melancon, Rimes & Daquanno, we see causation challenges regularly in spinal injury cases. Insurance companies often claim back problems are pre-existing to avoid paying fair settlements. This case shows why thorough medical documentation and trial-ready preparation matter.
Case Details:
Our client was involved in a rear-end collision on a Baton Rouge roadway. Rear-end collisions transfer kinetic energy directly from the chassis of the struck vehicle into the occupant’s spinal column, even in what defense attorneys often characterize as “minor impact” events.
Following the accident, the client experienced the classic indicators of spinal nerve compression: pain, numbness, and tingling radiating into the lower extremities. These symptoms are indicative of mechanical compression of the spinal nerve roots, typically occurring at the L4-L5 or L5-S1 levels, which are the most mobile and load-bearing segments of the lumbar spine.
MRI films revealed a herniated disc in the client’s lower back. According to the Mayo Clinic, a herniated disc occurs when the soft nucleus pulposus pushes through a crack in the tough exterior annulus fibrosus of an intervertebral disc. The extruded material then compresses the spinal nerve root, causing radiculopathy and sciatica.
The defense mounted a vigorous challenge to causation. Defense attorneys hired by the insurance company claimed that the plaintiff’s low-back pain was not caused by the automobile accident but was instead degenerative, resulting from aging or prior wear and tear.
This is the standard defense strategy in modern spinal litigation: admitting liability for the accident while denying that the accident caused the specific medical condition.
Temporal Proximity: We established a clear timeline showing the client was asymptomatic prior to the crash and symptomatic immediately following it. Our exhaustive search uncovered 15 years of prior medical records with no history of low-back treatment or complaints.
Diagnostic Correlation: MRI imaging visualized the morphology of the herniation. Acute herniations often show distinct characteristics on diagnostic imaging compared to chronic degeneration. We retained qualified medical experts to reliably demonstrate that the herniation was traumatic rather than degenerative.
Conservative Care Failure: The client underwent months of conservative treatment including physical therapy and epidural steroid injections. When these treatments failed to provide relief, surgery became medically necessary.
MRD attorneys performed an exhaustive search for all medical records related to the client’s low-back. This discovery process was critical to refuting the defense’s pre-existing condition argument.
We gathered records from multiple sources to establish a complete medical history and demonstrate the injury’s direct connection to the collision.
According to the Cleveland Clinic, physical examination alone cannot definitively diagnose a herniation. MRI (Magnetic Resonance Imaging) serves as the gold standard for visualizing soft tissue damage.
The MRI revealed the water content of the disc and the precise impingement on neural structures, providing objective evidence of the herniation.
We worked with board-certified orthopedic surgeons and radiologists who reviewed the imaging studies and medical records. Their expert opinions established that the herniation was consistent with the mechanism of injury from the rear-end collision.
The transition from conservative care to surgical intervention fundamentally changed the value of this case. When conservative treatments fail, spinal fusion becomes necessary to eliminate motion at the painful segment.
According to the American Academy of Orthopaedic Surgeons (AAOS), spinal fusion involves several steps:
Decompression: The surgeon removes the herniated disc material and any bone (laminectomy) pressing on the nerve root.
Fusion: Bone graft material is placed between the vertebrae. This graft promotes biological fusion over several months.
Instrumentation: Titanium pedicle screws and rods are implanted to act as an internal stabilization system, holding the spine rigid while the bone fusion occurs.
The decision to undergo fusion carries significant implications. The AAOS notes that fusing one segment transfers mechanical stress to adjacent discs, potentially accelerating wear at those levels. This risk of adjacent segment disease may necessitate future surgeries, a factor we incorporated into the client’s future medical expenses.
The recovery from spinal fusion is a multi-phase process spanning 12 to 24 months before reaching Maximum Medical Improvement (MMI). Understanding this timeline was essential for accurately valuing the client’s damages.
The client faced strict activity restrictions during the initial healing phase. Medical protocols require following the “BLT” rule: No Bending, Lifting (more than 5-10 pounds), or Twisting. Driving is prohibited for 2 to 4 weeks. Most patients experience total absence from work during this period.
Formal physical therapy begins once initial healing allows. The focus shifts from protecting the surgical site to core stabilization and rebuilding strength. X-rays at the 3-month mark assess the progression of the bone fusion.
For patients with sedentary jobs, return to work may occur during this phase, often with modifications such as standing desks and frequent breaks. Manual laborers face significantly longer absences.
Complete bony union typically takes 6 to 12 months. However, nerve damage can take up to two years to heal fully. Many patients never return to heavy lifting or high-impact activities, representing a permanent loss of lifestyle and recreational activities.
MRD attorneys developed a comprehensive litigation strategy to address the defense’s causation challenge. We recognized early that proving the accident caused the herniation would require meticulous documentation.
We performed an exhaustive search for all medical records related to the client’s medical history. This discovery process uncovered 15 years of prior records showing no history of low-back complaints or treatment.
MRD filed a lawsuit in the 19th Judicial District Court for the Parish of East Baton Rouge. Under Louisiana law, personal injury claims involving injuries that occurred before July 1, 2024, had a one-year statute of limitations. Cases involving injuries on or after July 1, 2024, now have a two-year statute of limitations under Act 423.
Through extensive medical records and expert testimony, MRD attorneys demonstrated that the client’s low-back pain, numbness, and tingling in the lower extremities were directly caused by the automobile accident. This evidence established that the herniation necessitated the lumbar fusion surgery.
The $1.25 million settlement represents a calculation based on specific categories of damages under Louisiana law.
Past Medical Expenses: The cost of lumbar fusion surgery, including hospital fees, surgeon fees, anesthesia, and titanium hardware, typically ranges from $150,000 to $200,000. Pre-surgical treatments including MRI imaging, epidural steroid injections, and physical therapy added substantial additional costs.
Future Medical Expenses: A Life Care Planner calculated the cost of ongoing medical needs, including future doctor visits, medication, imaging studies, and the potential cost of revision surgery or adjacent level fusion.
Lost Wages: The client’s time off work for surgery and recovery (3 to 6 months minimum) resulted in significant lost income. For manual laborers who must transition to lower-paying sedentary work due to permanent lifting restrictions, the lifetime loss of earning capacity can exceed hundreds of thousands of dollars.
Pain and Suffering: Louisiana juries award substantial compensation for physical pain associated with major surgery and chronic conditions.
Loss of Enjoyment of Life: The inability to participate in recreational activities, exercise, play with children, or engage in hobbies represents a significant loss.
Permanent Restrictions: Many spinal fusion patients face permanent limitations on lifting, bending, and twisting, fundamentally altering their lifestyle.
The $1.25 million settlement represents a strong outcome for a single-level lumbar fusion case in Louisiana. To provide context, here is how this case compares to similar settlements and verdicts:
| Case Type | Jurisdiction | Amount | Key Details |
| Lumbar Fusion | East Baton Rouge Parish | $1.25 Million | Herniated disc, causation contested |
| Cervical Fusion | Lafayette Parish | $1.25 Million | Neck injuries requiring surgery |
| Back/Neck Surgery | Shreveport | $1.996 Million | Rear-end collision, multiple surgeries |
| Non-Surgical Herniation | East Baton Rouge Parish | $273,662 | Rear-end collision, conservative care only |
This data confirms that $1.25 million represents a strong settlement benchmark for surgical spinal cases in Louisiana. Non-surgical cases typically settle for significantly lower amounts, highlighting the importance of thorough medical documentation and surgical necessity in maximizing case value.
Motor vehicle accidents are the leading cause of spinal injuries in the United States. According to the National Spinal Cord Injury Statistical Center, car accidents account for approximately 39% to 40% of all new spinal cord injuries annually.
Studies indicate that 83% of patients involved in collisions experience whiplash symptoms. Research further shows that 31% to 50% of car accident victims suffer from lower back pain that persists for at least a year post-accident. This chronicity supports the argument that even initially “minor” complaints can evolve into long-term, compensable disabilities requiring surgical intervention.
While the $1.25 million settlement represents a significant victory, it also reflects careful risk assessment. The case settled during litigation, avoiding the uncertainty of trial.
Louisiana has seen several “nuclear verdicts” in recent years, with some personal injury cases resulting in verdicts exceeding $10 million to $220 million for catastrophic injuries. However, trial carries risk for both sides.
By settling for $1.25 million, the client received guaranteed compensation without the unpredictability of jury deliberations. The settlement provided immediate financial relief for medical expenses, lost wages, and future care needs.
Several factors contributed to the successful $1.25 million outcome:
Clean Liability: The rear-end collision created a presumption that the following driver was entirely at fault, eliminating comparative negligence concerns that could have reduced the award.
Trial-Ready Preparation: We prepared this case for full litigation from the initial filing. This trial-ready approach created settlement pressure on the insurance company.
Exhaustive Medical Documentation: Our extensive medical record collection defeated the pre-existing condition defense.
Surgical Necessity: The failure of conservative care and the medical necessity of fusion surgery fundamentally increased the case value from five figures to seven figures.
Partner-Level Representation: Jason Melancon, a Louisiana Super Lawyer from 2018-2021, personally managed this case from beginning to end, ensuring experienced representation throughout the three-year litigation.
If you’ve been injured in a car accident and insurance companies are claiming your injuries are pre-existing, contact Melancon, Rimes & Daquanno for a free consultation. We have successfully handled spinal injury cases throughout Baton Rouge and surrounding parishes for over 20 years.
Our approach differs from other firms. Each partner directly manages your case from beginning to end. You won’t be handed off to junior associates. We prepare every case for trial from day one, ensuring maximum compensation whether through settlement or verdict.
Call (225) 303-0455 or visit our office at 6700 Jefferson Hwy (Building 6), Baton Rouge, LA 70806. Your initial consultation is completely free, and we work on a contingency fee basis—you pay nothing unless we win your case.
Case Type: Personal Injury
Injury: Herniated Disc Requiring Lumbar Fusion
Settlement: $1.25 Million
Time Frame: 3 Years
Court: 19th Judicial District Court for the Parish of East Baton Rouge
Attorney: Jason Melancon