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

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?-

Dublin, GA -

Attorney Answers (9)

Todd Robert Henningsen

Todd Robert Henningsen

Personal Injury Lawyer - Atlanta, GA
Answered

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.

Glen Edward Ashman

Glen Edward Ashman

Personal Injury Lawyer - East Point, GA
Answered

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.

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Peter Jonathan Ross

Peter Jonathan Ross

Personal Injury Lawyer - Atlanta, GA
Answered

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.

Matthew Chase Swanson

Matthew Chase Swanson

Personal Injury Lawyer - Marietta, GA
Answered

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.

George Chadwell Creal Jr.

George Chadwell Creal Jr.

Personal Injury Lawyer - Atlanta, GA
Answered

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.

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Answered

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.

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Bret A. Schnitzer

Bret A. Schnitzer

Personal Injury Lawyer - Lincoln Park, MI
Answered

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

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John Michael Phillips

John Michael Phillips

Personal Injury Lawyer - Jacksonville, FL
Answered

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.

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Robert Matthew Kyle

Robert Matthew Kyle

Personal Injury Lawyer - New Braunfels, TX
Answered

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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