The Chiropractor took x rays and Xrays revealed that bone is touching bone with no space between in lower back. The lower back is where the pain is even after the dr treat and release me abck to work. The chiroprctor says that this was not caused by accident but a pre-existing condition but because of the accident--this situation has become worst. Is this a legitimate legal situation to follow through with since this caused the previous condition to be worse?-
Yes, this is a situation in which you should follow through by speaking with an experienced personal injury attorney. I am not sure about who is at fault in the car collision, but assuming the other driver is, then you are entitled to be compensated for all of the injuries associated with your wreck including those underlying conditions that were aggravated by the wreck. I have handled many cases with injuries similar to yours and would be happy to discuss this with you further.
You should probably consult a medical doctor to get another opinion about your condition. It is important that you see this other doctor as soon as possible so that they can determine if the condition was caused by the motor vehicle collision. It would be wise to consult an attorney first before picking this doctor. I would be happy to discuss your case with you. My telelphone number is 404 812 4300.
Assuming the other driver was at-fault for this collision, your injuries are recoverable. However, the burden of proof is on you as the plaintiff to show that the injuries you are claiming were caused in this incident and the treatment you received was therefore necessary. With regard to pre-existing conditions, it will be difficult to say that a particular issue, like the bone-on-bone diagnosis, was caused in this incident. However, if you were not having any symptoms as a result of that condition, and the condition only became symptomatic following the accident, you still have a compensable claim. In order to help assess your injuries, you should consider consulting with an orthopedic doctor experienced in spinal injuries. You should also speak with a qualified personal injury attorney in your area for further consideration and assistance.
You have an "egg shell" back and if the accident made you worse than you were before the accident you are entitled to damages to put you back in the position you were in before the accident. These cases are tough because the insurance company is going to claim that you were this way before the accident and the accident did not make you worse. Hire an experienced lawyer.
In any accident, if you have a pre-existing condition, which was made worse because of the accident, you can recover. That ebing said, if you have "bone touching bone" there is very little a chiropractor can do for you; in fact adjustments may be more harmful than beneficial. Get to an ortho as suggest or back to your PCP and have them refer you to a specialist.
Yes. These cases are highly fact specific and this is a case that should be pursued. You have a viable case and should contact a personal injury lawyer. We are sorry to hear about your injuries.
Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. They also need to know all of those areas where insurance might hide or how to negotiate claims. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- email@example.com or give us a call- 800-6-know-law. More information is located at http://www.knowthelawyer.com. We'd love to help with this.
Yes, in general, this is legitimate. The law of most jurisdictions (mine is TX) recognize damages for "aggravation" of a pre-existing condition. If you were not having pain or problems with the area, even though the condition was present, doctors would call that "asymptomatic." A negligent party (negligent driver) causing someone's body issues to become "symptomatic" should be held accountable for those damages. Whether a lawsuit and all the expenses going with pursuing one is justifiable may depend on the amount you can expect to recover because you can't blame the defendant for the underlying condition. These matters are best discussed with a board certified personal injury lawyer with the experience to give you clear answers so sound decisions can be made.
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