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I had accident and i have pre existing on my low back

Seattle, WA |

i want to tell you guys(Lawyers) about my situation.
i had rear-end auto accident on 4/20/12 and i already have pre existing on my low back.
i have L-4/L-5 disc surgery on 2010. and i got disable card for my car.
after 2011 june i stopped see my neurologist and stopped my oxycodone 5mg pills
but after i got accident on 4/20/12 I'm taking 6 pills of oxycodone.
we tried everything during 12 month.( physical therapy,MRI,CAT scan,epidural injection,Acupuncture) also i went my previous surgeon and he said if i get surgery one more time it could me more pain, so he didn't recommended. my medical bill is about $25.000
my lawyer said he will try to get policy limit from other guys insurance & try to get from mine too. can you guys think i can get policy limit from both of insurance?

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Attorney answers 6


Having a pre-existing injury is not fatal to an injury claim, but it must be handled properly. You will need clear medical opinion on the issue of apportionment between the two causes of your symptoms, and opinion on what the subject collision caused on a more probable than not basis.

Be prepared for the fact that neither the other driver's insurer, nor your own, will be motivated to settle your claims short of litigation. They will argue that your pre-existing symptoms were not worsened by the crash, or at least not as much as you are claiming.

Since you are represented, you should really be discussing any concerns you have with him. Talk with him soon.


Too many factors go into determining whether you would get limits, and only your attorney knows the details of your case.


Impossible for us to properly evaluate your case without thoroughly investigating it but your attorney certainly can and has offered his/her advice with regard to value.

Call for a free consultation at 727-937-1400 or visit us on the Web at


Your attorney knows the facts of your situation and only he or she can answer this question for you.

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Trust your attorney. He is in the best position to evaluate your claim and the involvement of this new accident on your pre-existing condition. He may want to contact the doctor to help determine the extent of aggravation of the injury. Many doctors will compare your pre-accident pain level on a scale of 1 to 10 to your post-accident pain level on the same scale. Also post-accident diagnostics may help the doctor differentiate the pre-accident condition from the post-accident condition. Depending on the findings of your doctor and the amount of policy limits available, you may be able to get policy limits.

The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship. Please call us at 505-883-5000 for a FREE CONSULTATION with an attorney. We look forward to discussing your case in more detail.


I agree with the other lawyers. But there is more for you to know, so here are some issues to discuss with your lawyer: policy limits - how much? Are you limited by the other drivers policy? Was he working at the time he hit you? If so, his employer may be responsible too. That could bring more insurance to the table. Was there an "umbrella" policy? That could bring more to the table. Was the car he was driving owned by someone else? Also, in Washington State there are a series of cases following the Thiringer case which could limit or minimize whether your insurance gets reimbursed out of your settlements. Was your original injury a work-related claim? If so you might be able to re-open your workers' comp case for objective worsening of the condition. Give your attorney all the information you have so he/she can help you. . . Help him/her help you! Good luck!



my policy limits is 25/50 .. and i dont know about other driver that .. but he drove 2007 lexus rx 330. and he did have auto insurance and we report to police. what is umbrella policy? and when can i re open my workers comp case.. do you know? i closed my auto insurance last week .. my dr. said he cant do anything anymore .. except oxycodon painkiller.. we tried everything.. also my dr said workers comp might not accept reopen my claim since auto accident made my pain worst

Steven D. Weier

Steven D. Weier


These are good questions but they are fact specific. I highly recommend to talk to a Workers Comp lawyer. You will be WAY better off in the end. You won't get enough info on an on-line posting like this. You really need to hire a lawyer to represent you for the wc claim. Remember, a wc lawyer is not going to get paid either unless he can help you - usually - so you have nothing to lose.

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