First you need to get the medical attention you need.
Your doctor will have to determine whether your previous condition has been aggravated or made symptomatic as the result of the car accident you were in. Plus, whether you have additional neck and back injuries resulting from the same.
Your next move after securing your medical care is to talk to a personal injury attorney in your area. Making a claim of aggravation of pre-existing condition can get complicated and without an attorney who know s how to properly set up your claim to maximize compensation you will short change yourself. Insurance adjusters are masters in deflecting fault or causation to others and in your case the adjuster will quickly blame all your medical issues to the previous surgery and will simply say you have either not been hurt at all or if so the damages are minimal.
So first medical care and then speak with an attorney.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.
Since you have been to the hospital already, your next step should be to contact a personal injury attorney in your area. Usually, you can get a Free Initial Consultation (that is the norm in the personal injury area) and you will get a better idea of what you can/cannot do. You need to make sure your bills are paid, and that you are compensated for any losses (legal damages) you sustained. Good luck.
THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.
Whether or not you have a case depends on many factors. An attorney who is experienced in handling motor vehicle crash cases can talk with you and answer your questions. I recommend finding an attorney who is a member of the Pennsylvania Association for Justice (www.pajustice.org).
You will have a claim for your property damage and for a rental vehicle.
Your right to make a claim for your personal injuries may depend on whether you have elected "full tort" or "limited tort" insurance in your Pennsylvania motor vehicle insurance policy. It will also be determined by the extent of your injury from this crash, and the extent of your limitations caused by those injuries.
See an attorney.
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