You should get a free consultation with an attorney in your area. The case may be complicated by the low damage, but based upon your preexisting conditions and the extent of your injuries from this accident, you really need to be represented by an attorney.
You should contact your local Bar Association for a list of personal injury attorneys who can give you a free consultation.
This answer is meant for information purposes only. No attorney-client relationship has been established between the Avvo user and Cesar Garcia.
The difficulty with your case is not so much the damage as whether the person ahead of you was negligent. They should have looked behind before backing up, but it is an unusual situation, so a jury might not be very upset.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
I am so sorry you are having to go through all of this. You are fortunate to have several very good attorneys in the Houston area who handle these kinds of cases. Look for someone who actually has a trial record, not just a big add on TV. Ask some pointed questions. Are you board certified? How many of these cases have you actually tried to verdict? Are you a member of the Texas Trial Lawyers Association? The Houston Trial Lawyers Association?
Also, know that you likely have a very tough case to win. If the case goes to trial, your lawyer will not be able to tell the jury that the guy who hit you has insurance. For all the jury knows, this guy will have to write you a check at the end of the case. This law isn't fair, but there is no way around it.
Juries tend to be a bit cynical about injury cases. It takes a lot of hard work, considerable experience, and a bit of good luck to succeed. I wish you and the attorney you hire the best of luck,
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I herniated my L5/S1 disc by moving in bed, so you don't have to make a believer out of me that a low property damage accident can caused injury, but...I'm betting I probably won't wind up on your jury. What lies ahead for you in part is a function of the insurance company covering the driver who backed into you. Some are easier to deal with on others, particularly on eggshell skull plaintiff cases. If you have a neurosurgeon who will testify in deposition that within reasonable medical probability (those are magic words) the accident aggravated your previous condition, that is vital. I can tell you from experience however that deposing experts is very expensive. I just scheduled a treating orthopedist's deposition for next month: $2,500 flat fee for his time, and I considered that a relative bargain. Knowing your damages (what medically is wrong with you due to the accident) would help determine whether the potential cost of proving up your case is justified. You're welcome to call or email me to discuss further if you would like.
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