Back Injury Lawyer Massachusetts | Spine Injury Claims

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Back Injury Lawyer Massachusetts: Spine Injury Claims Guide

Back and spine injuries are among the most common and most serious injuries in car collisions, slip and fall incidents, and workplace incidents in Massachusetts. These injuries can range from temporary muscle strains to permanent spinal cord damage, and they frequently require months or years of medical treatment that can cost tens of thousands of dollars.

If you have suffered a back injury because of someone else’s negligence, an experienced back injury lawyer in Massachusetts can help you understand your legal options and protect your health and your financial recovery.

Common Back and Spine Injuries

The spine is divided into three regions: cervical (neck), thoracic (mid-back), and lumbar (lower back). Injuries can occur at any level and range from mild to catastrophic.

Herniated Discs

A herniated disc occurs when the outer layer of a spinal disc (the annulus) tears and the soft inner material (the nucleus pulposus) pushes outward, pressing on nearby nerves. Herniated discs are frequently caused by the sudden impact of a collision and produce symptoms including severe pain, numbness, tingling, and weakness in the arms or legs. Herniated discs are distinct from bulging discs because they involve an actual rupture of the disc wall rather than a simple protrusion. This distinction matters in personal injury claims because herniated disc cases typically have higher settlement values than bulging disc cases.

Bulging Discs

A bulging disc extends beyond its normal position but does not rupture. While bulging discs can occur naturally with aging, a collision or fall can cause a bulging disc or significantly worsen an existing one. Symptoms may include localized pain, stiffness, and limited range of motion. Bulging discs are treated with physical therapy, medications, and injections.

Spinal Fractures

Compression fractures, burst fractures, and other vertebral fractures can result from high-impact collisions, falls from height, or construction site incidents. Compression fractures are particularly common in the thoracic and lumbar spine and can cause significant pain, loss of height, and spinal deformity. Severe spinal fractures may require surgical stabilization.

Spinal Cord Injuries

Spinal cord injuries are the most catastrophic back injuries and can result in partial or complete paralysis. An incomplete spinal cord injury causes partial loss of sensation and motor function below the injury site, while a complete spinal cord injury results in total loss of function. These injuries often require lifelong medical care and adaptive equipment, and they are among the highest-value personal injury claims because of the lifetime cost of care.

Soft Tissue Injuries

Sprains and strains of the muscles, tendons, and ligaments of the back are the most common back injuries. While they are generally less severe than disc or spinal cord injuries, soft tissue injuries can cause chronic pain that persists for months or years. Insurance companies often minimize soft tissue back injuries, but proper documentation and treatment can support a meaningful claim.

Sciatica and Radiculopathy

When a herniated disc or bone spur compresses a spinal nerve root, it can cause radiating pain, numbness, and weakness along the nerve pathway. Sciatica, which causes pain radiating from the lower back through the buttock and down the leg, is one of the most common symptoms of lumbar disc injuries. Cervical radiculopathy causes similar symptoms in the arms and hands.

Back Injury Settlement Values in Massachusetts

Back injury claim values in Massachusetts depend on several factors, including injury severity, treatment costs, impact on daily life, and whether surgery was required. Every case is different, and your settlement will depend on the specific facts of your case.

Published verdict and settlement reports show wide variation. Most soft tissue and non-surgical disc cases resolve in the five figures, while surgical and catastrophic cases can reach six or seven figures. A small number of very large verdicts pull averages upward, so no published average predicts what any individual case is worth.

Factors That Affect Your Back Injury Claim Value

Severity of the injury: Herniated discs are worth more than bulging discs. Injuries requiring surgery are worth more than those treated conservatively.
Medical treatment costs: Higher medical bills generally support higher settlement values. A spinal fusion can cost $80,000 to $150,000, while a course of physical therapy may cost $5,000 to $10,000.
Impact on daily life: If your back injury prevents you from working, exercising, sleeping comfortably, or caring for your family, these limitations increase the value of your pain and suffering claim.
Need for future treatment: If you will need ongoing physical therapy, future injections, or additional surgery, the projected future costs are part of your claim.
Pre-existing conditions: Insurance companies will argue that your back problems existed before the collision. Medical evidence showing the difference between your condition before and after the incident is critical.
Liability: If comparative negligence applies and you are found partially at fault, your recovery will be reduced by your percentage of fault under M.G.L. c. 231, Section 85.
Insurance coverage available: The at-fault party’s insurance policy limits set a practical ceiling on what you can recover in most cases.

Medical Treatment for Back Injuries

Proper medical treatment is essential for both your health and your claim. Insurance companies look at the type, frequency, and duration of treatment when evaluating your case.

Conservative Treatment

Most back injuries begin with conservative treatment, including:

Physical therapy: Typically $100 to $200 per session, with sessions 2-3 times per week for several months. A full course of physical therapy may cost $5,000 to $15,000.
Chiropractic care: Regular adjustments and soft tissue treatment to address spinal alignment and muscle tension.
Pain medications: Anti-inflammatory medications, muscle relaxants, and in some cases prescription pain management.
Epidural steroid injections: Injections of corticosteroids into the epidural space to reduce inflammation around compressed nerves. These cost $600 to $1,500 per injection, and most patients require 2-3 injections.

Diagnostic Imaging

MRI scans are the primary diagnostic tool for back injuries because they show soft tissue damage that X-rays cannot detect. An MRI typically costs $1,000 to $1,500. CT scans may also be used, particularly for fractures.

Surgical Treatment

When conservative treatment fails to provide relief, surgery may be recommended:

Discectomy/Microdiscectomy: Removal of the herniated portion of a disc to relieve pressure on a nerve. This is the most common surgery for herniated discs.
Laminectomy: Removal of a portion of the vertebral bone (lamina) to create more space for the spinal cord and nerves.
Spinal fusion: Permanently connecting two or more vertebrae to eliminate motion between them. Spinal fusion surgery typically costs $80,000 to $150,000 and requires 3 to 6 months of recovery.
Artificial disc replacement: Replacing a damaged disc with an artificial one to preserve motion. Cervical disc replacement averages approximately $35,000, while lumbar disc replacement can be significantly higher.

Pre-Existing Back Conditions

One of the most common defenses in back injury claims is that the injury is pre-existing rather than caused by the collision. Insurance companies routinely argue that degenerative disc disease, prior herniations, or age-related spinal changes are responsible for your symptoms.

Massachusetts law protects injured people through the eggshell plaintiff doctrine. A defendant must take the plaintiff as they find them. If you had a pre-existing back condition that was asymptomatic before the collision and became symptomatic afterward, or if a prior condition was aggravated and made worse by the collision, you are entitled to compensation for the aggravation.

To overcome the pre-existing condition defense, your attorney will need:

Medical records showing your condition before the incident (proving you were not in treatment or were functioning normally)
MRI or imaging studies comparing your spine before and after the incident
Medical expert testimony explaining how the collision caused or aggravated your specific injury
Documentation of how your daily activities changed after the incident

Back Injuries from Different Types of Incidents

Car Collisions

Motor vehicle collisions are the leading cause of traumatic back injuries. Rear-end collisions are particularly likely to cause cervical and lumbar disc injuries because the sudden whipping motion places extreme force on the spine. To pursue a claim against the at-fault driver in Massachusetts, you must meet the tort threshold of $2,000 in reasonable and necessary medical expenses or have suffered a qualifying serious injury such as a fracture (M.G.L. c. 231, Section 6D).

Slip and Fall Incidents

Slip and fall incidents, particularly on ice or wet surfaces, frequently cause compression fractures and herniated discs when the victim lands on their back or tailbone. Property owners in Massachusetts have a duty to maintain their premises in a reasonably safe condition, and failure to address known hazards can support a premises liability claim.

Workplace Injuries

Back injuries are the most common workplace injury in the United States. Workers who lift heavy objects, perform repetitive bending and twisting, or work in physically demanding jobs are at high risk. In Massachusetts, workers’ compensation covers medical treatment and lost wages for workplace back injuries regardless of fault. If a third party (such as a subcontractor, equipment manufacturer, or property owner) contributed to your injury, you may also have a third-party personal injury claim that allows you to recover pain and suffering damages that workers’ compensation does not provide.

Proving Your Back Injury Claim

Back injuries present unique challenges in personal injury claims because they are often invisible to the naked eye. Unlike a broken bone or a visible wound, back injuries are primarily documented through imaging studies and subjective pain reports.

Key evidence in a back injury claim includes:

MRI and imaging studies: These provide objective evidence of disc herniations, fractures, and other structural damage.
Medical records: Consistent treatment records showing your symptoms, limitations, and the progression of your condition.
Medical expert testimony: A physician who can explain the mechanism of injury and connect your back damage to the collision or incident.
Pain journals: Daily documentation of your pain levels, activities you can no longer perform, and how the injury affects your sleep, work, and relationships.
Employment records: Documentation of missed work, reduced hours, or job restrictions resulting from your injury.
Before and after testimony: Statements from family members, friends, and coworkers who can describe how the injury changed your daily life.

Massachusetts Law and Back Injury Claims

Several Massachusetts-specific laws affect back injury claims:

Statute of limitations: You have three years from the date of injury to file a personal injury lawsuit (M.G.L. c. 260, Section 2A). The discovery rule may extend this deadline if your injury was not immediately apparent.
Comparative negligence: Under M.G.L. c. 231, Section 85, if you are found partially at fault, your recovery is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover.
Tort threshold: For car collision claims, you must have at least $2,000 in reasonable medical expenses or a qualifying serious injury to pursue a claim against the at-fault driver (M.G.L. c. 231, Section 6D).
PIP coverage: Your own auto insurance provides up to $8,000 in Personal Injury Protection benefits for medical expenses and lost wages, regardless of fault.
Workers’ compensation: Workplace back injuries are covered by workers’ compensation, which pays 60% of your average weekly wage (up to $1,922.48 per week in 2025-2026) for temporary total disability.

Frequently Asked Questions

How much is a back injury claim worth in Massachusetts?

Back injury claim values in Massachusetts vary widely based on severity. Soft tissue strains sit at the lower end, herniated discs treated conservatively fall in the middle, and cases involving surgery, spinal fusion, or spinal cord damage carry the highest values. The key drivers are the objective medical findings, the treatment required, whether a physician documents permanent restrictions, the impact on your work and daily life, and the available insurance coverage. Every case is different, and no published average predicts what any individual claim is worth.

What types of back injuries are common in car collisions?

The most common back injuries from car collisions include herniated discs, where the outer layer of a spinal disc ruptures and the inner material presses on nearby nerves; bulging discs, where a disc protrudes beyond its normal position; compression fractures of the vertebrae; soft tissue sprains and strains of the muscles and ligaments; sciatica and radiculopathy, which cause pain radiating into the legs; and spinal cord injuries ranging from incomplete injuries with partial loss of function to complete injuries resulting in paralysis.

Can I file a back injury claim if I had a pre-existing condition?

Yes. Massachusetts follows the eggshell plaintiff doctrine, which means a defendant must take the plaintiff as they find them. If a collision aggravated a pre-existing back condition such as degenerative disc disease or a prior herniation, you can recover compensation for the aggravation. Insurance companies frequently argue that back injuries are pre-existing rather than caused by the collision, which is why MRI imaging, medical expert testimony, and thorough documentation of your condition before and after the incident are critical to proving your claim.

How long do I have to file a back injury lawsuit in Massachusetts?

Under Massachusetts General Laws Chapter 260, Section 2A, you have three years from the date of injury to file a personal injury lawsuit. For car collision claims, you must also meet the tort threshold of $2,000 in reasonable and necessary medical expenses or have suffered a serious injury such as a fracture before you can pursue a claim against the at-fault driver. If your back injury was not immediately apparent, the discovery rule may extend the deadline to three years from the date you knew or should have known about the injury. For workplace back injuries, workers’ compensation claims have different deadlines and you should report the injury to your employer immediately.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car collisions, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you have suffered a back or spine injury because of someone else’s negligence, Scalli Murphy Law can evaluate your case, identify the full extent of your damages, and pursue the maximum compensation available. We handle back injury claims from car collisions, slip and fall incidents, workplace incidents, and other causes of injury.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

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This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Back Injury Lawyer Massachusetts – Spine Injury Claims Guide