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I was in a MVA and diagnose by Dr. (Thoracis Sprain neck and back) I went to chiropractor after being treated &released.

Dublin, GA |

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?-

Attorney Answers 9


  1. You may be getting good relief from the chiropractor and that is fine. You do want to add a visit to an orthopedic doctor, get an MRI and find out what that shows. You can sue if an injury is made worse from a MVI. Yes see a P.I,. lawyer at once. Good luck

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think. www.schnitzerlaw.net


  2. 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.


  3. 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.


  4. 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.


  5. First of all - get a second medical opinion from an orthopedic doctor.

    Second - do not talk to the insurer.

    Third - see a lawyer.

    Cases where you have a preexisting condition are often difficult, but if you can prove an accident aggravated a condition, you can be compensated.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  6. 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.

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.


  7. 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.

    No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.


  8. 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.


  9. 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- jmp@knowthelawyer.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.

    Please CLICK the button if I HELPED or was BEST ANSWER. We also answer your questions on facebook- www.facebook.com/knowthelawyer, on twitter- @athleticslawyer and our radio show, Courts & Sports, on WOKV. Please like or follow us. No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.

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