What is the likelihood of personal injury recovery in aggravated injury cases in Texas?

Asked over 1 year ago - Austin, TX

I was in a high impact rear end collision, causing my car to be a total loss. My car is valued at $22,000. I have been suffering from severe back pain. I received the results from my MRI and there is no sign of a herniated disc, just that I have degeneration changes in my low back or as the nurse called it "arthritis." Yes, a nurse read my results of the MRI. I have never been diagnosed with this issue. I am trying to wrap my my around arthritis at age 31 in my back that just started hurting after a collision? Can high impact collisions aggravate these symptoms? What is the likelihood of recovery in this kind of aggravated injury? Has anyone ever handled this type of issue? I am currently out of pocket $4,800 not including the MRI cost or physical therapy.

Attorney answers (8)

  1. John Gus Zgourides

    Contributor Level 17

    9

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    Best Answer
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    Answered . The insurance industry argues that osteoarthritis is caused by aging or wear and tear. Current medical studies show otherwise, and you need a lawyer that has access to expert witnesses that can convincingly show that a 31-year-old should not be suffering from osteoarthritis in the spine. I just presented an occupational medicine doctor for deposition in a case where the railroad alleged that the man's shoulder condition was caused by old age. My expert agreed that the condition was osteoarthritis, but differed with the railroad's doctor about the cause. She convincingly argued that the osteoarthritis was caused in the shoulder of a 52-year-old man not by old age, but by excessive use of heavy hand tools without allowing adequate recovery time. The railroad filed a motion to strike her testimony. They lost. This doctor also believes osteoarthritis is caused by acute trauma (like a major crash).

    Many treating doctors refuse to give causation opinions so they can stay out of court. You need a lawyer that can get a doctor to give strong causation testimony.

    John Zgourides
    (281) 453-5312 direct
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. William Emil Cassara

    Pro

    Contributor Level 18

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    Answered . I agree with the other two gentlemen. This is definitely worth pursuing. Contact a local personal injury attorney through AVVO.

  3. Brian Heath Crockett

    Pro

    Contributor Level 16

    8

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    Answered . Yes you have a case. You can likely recover medicals, and repair of your car. To obtain money for pain and suffering as well as diminished value to will need a lawyer. No lawyer can project what a jury will decide, but it would appear you have a good chance of.getting a fair settlement. Any questions please let me know.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  4. Kevin Coluccio

    Contributor Level 20

    9

    Lawyers agree

    Answered . Contact an attorney and have the attorney review all issues with you. There are lots of details that need to be considered by an attorney.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . A good expert can overcome this defense. Retain a local personal injury lawyer.

  6. Paul Hilmon Cannon

    Contributor Level 13

    4

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    Answered . The facts of your case are not out of the ordinary at all. Degenerative disc disease is a big fancy word that really just means your discs don't have a perfect symmetrical height/shape. It can encompass alot of things such as dehydration, bulges, protrusions and herniations.

    Even if it pre-existed the wreck but was not painful and you can prove that it required medical care only after the wreck, then yes, you can sue for aggravation. Personal injury lawyers see these kind of cases all the time because all of our clients have human bodies that degenerate over time.

  7. Jason Luke Dow

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . Most of us have degenerative changes in our back that are asymptomatic until a traumatic or acute event occurrs. I would get to an MD to evaluate the MRI results sooner rather than later. If it turns out that you have "soft tissue injuries" only, you still have a case. You would be well served to contact a local lawyer for further advice on how to handle your case. Also, a personal injury lawyer may be able to find additional insurance coverage for you and get you to an appropriate medical professional under a letter of protection.

    Feel free to call me if you like. My number is (512) 480-9502. Good luck.

    Luke

  8. Daryl L. Derryberry

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . You have received good advice for the other attorneys. Please pursue your case. You have been injured needlessly. Consult with an attorney who is Board Certified in Personal Injury Trial Law immediately and do not talk to the insurance company or its representatives or adjusters. Thanks and good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more

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